PCN - Urgent help needed

iwanttosave44

does any one see an issue with appealing via email ?

bod1467

If they allow email appeals, then no.

iwanttosave44

I intend on emailing the letter as per the draft, any comments ? I have finalised the letter letting them know I live abroad as I am guessing the address will be required at the next stage. Any Comments or advice ?






Dear {company name of this member of ''PPC World''},

PCN number xxxxxxx
As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

I would like to also point out that as the registered keeper of this vehicle until it is sold, I am currently living abroad hence the reason for my delay in appealing.

Yours,



{the registered keeper's name}
ADD A SQUIGGLE IF POSTING IT - NO NEED TO USE A REAL SIGNATURE

da_rule

If there is a chance that you will be out of the country when any further documents are served (including court papers) I would add the following:
"For avoidance of doubt, I no longer live in the UK, therefore my address for service of all future correspondence is: XXX"

Other than that it looks good and ready to go.

iwanttosave44

Was just about to email but can they issue papers via email, in other words for court proceedings or can they only issue a rejection letter via email.

Also should i put the address in the UK where the PCN went to in the address box at the top of letter. Also there is no mention of the car reg or incident date in the letter, should there be.

Sorry !

bod1467

Court papers must be issued via post.

iwanttosave44

Here is the automated email reply i received, to which i did supply points 1 and 2.


Dear Sir/Madam

This is an automated response notification regarding your APPEAL/CHALLENGE to a Parking Notice.

Please be advised that we acknowledge receipt of your email, and will be responding directly to you in due course. However, prior to doing so we require the following information in advance to enable us to process your APPEAL/CHALLENGE. If you have not already done so, please forward the following information as a matter of urgency, as we are unable to process your APPEAL/CHALLENGE without it:

1) The PARKING NOTICE SERIAL NUMBER This can be found in the top right hand corner of the Notice and will be prefixed, SERIAL No. VC/____________.

2) A FULL POSTAL ADDRESS that we can correspond with, as all decisions are conveyed in a letter to the motorist.

3) The FULL NAME of the motorist.

If you are unable to locate the PARKING NOTICE SERIAL NUMBER we will require the full vehicle registration number of the vehicle to which the NOTICE was served.

Please be advised that Vehicle Control Services Ltd cannot accept any responsibility for any increase in the NOTICE CHARGE should YOU fail to provide us with the requested information within 7 (SEVEN) days from the date of this email.

Upon receipt of the required information we will place the NOTICE on hold while the circumstances surrounding the issue of the NOTICE are investigated and the Management team review the contents of your email. Once a decision has been reached, a letter will be issued to the motorist at the identified postal address conveying the outcome of the appeal/challenge. We will advise you in writing of any further course of action you should take, as deemed necessary to support your appeal/challenge. It may take up to 35 days from the receipt of your appeal for us to notify you of our decision or to inform you what further information/action we require. Should we require longer than this we will write to inform you of this in the 35 day period along with a date/timeframe by which we expect to confirm our decision.

BE ADVISED – WE ARE UNABLE TO PROCESS YOUR APPEAL/CHALLENGE WITHOUT THE PROVISION OF THE ABOVE REQUESTED INFORMATION – A PARKING NOTICE SERIAL NUMBER AND THE FULL NAME AND ADDRESS OF THE DRIVER/HIRER/KEEPER.

If you have already provided all relevant information, then please accept our apologies and ignore this email, as we will be dealing with your appeal/challenge and notification of the outcome will be sent to you in the 35 day period specified above.

IMPORTANT: If you have already received a response from us informing you that you appeal had been unsuccessful, we will NOT respond to any further correspondence from you. Our letter would have informed you that our decision was final. As such, please disregard the information/requests referred to in the previous paragraphs of this email.

ALL EMAIL CORRESPONDENCE SHOULD BE DIRECTED TO: CPO@vehiclecontrol.co.uk

Thank you for your co-operation.

Central Payment Office

Vehicle Control Services Ltd

Coupon-mad

Yes we know, that's the standard VCS auto response which you'd know once you've learned how to search the forum for all the hundreds of other VCS Airport threads, all won easily by appeal. Keywords 'VCS Airport' would be a good search and you find the 'search this forum' heading at the top above the NEWBIES thread on page one, next to 'forum tools'.

My signature, the black writing below, tells you about the one click needed to find page one. A forum works best for you once you can find your way back from a thread, to the first page to read another, and also once you can search, find a thread, read it and then also click back one click to page one without opening seventeen tabs. Have a practice as you will get the most from the info here NOT by asking for links but by finding your way around and searching. Do let us know what happens in the reply - but I would hope you will first read other VCS Airport threads. It's better to read in advance what happens to other people, rather than posting as if you need urgent help. The info you are/were looking for is already here for you in the NEWBIES thread and after a search of similar VCS Airport threads too.