Is this initial appeal letter suitable?

rorylando45

Hi all. I have received the NTK in the post, dated June 9. So should I respond with an appeal letter?

Coupon-mad

Yep that is the next step.

rorylando45

OK so just so I am clear, I have copied the appeals template from the Newbie thread and inserted the relevant details (reference number, registration number etc.)

Do I just send it off now? The only thing which is confusing me from the newbies thread is this part:

If no time to 'dig out flaws' in paperwork, just use our appeal examples, no need to dig any deeper unless your PCN was from 'Devere', 'District Enforcement', 'Secure a Space', 'Napier', 'CPM' or 'Combined Parking Solutions' - if so, please start a thread with a picture of the sign on site and don't respond to private messages offering 'help'!

As my PCN was from CPM, is there anything else I need to do before sending the appeal?

EDIT:

Also just seen this text in the Newbies thread:

Don't forget to include a copy of any receipts if 'the driver' (third person!!) was shopping when you got the fake PCN.

So is this the point where I include a copy of the receipt, and refer to it in the appeals letter?

And finally do I need to do this below part at this stage? And if so how does that influence what I put in my appeal letter?

When you have your NTK (or 'Charge Notice', or 'reminder' or 'PCN' or whatever they or their debt collector call the first letter to keeper):
Compare your postal PCN (NTK) to paragraph 8 or 9 of POFA 2012 (linked above), depending if there was a windscreen ticket issued first or not.

Sorry for all the questions and thank you for any help!

Coupon-mad

You've done enough in terms of the fact you've started a thread and you've shown us the signage (which is the important thing re UKCPM really at this early stage). The POPLA appeal later on must be worded well to show the Assessor that this is NOT a genuine contractual sum to 'allow you to park in breach', for money. You cannot contract to get permission to do something that is stated as parking 'without permission' - i.e. unauthorised!

You could indeed include receipts but of course no adding any 'me, myself or I' to the template when talking about the day. Call it 'the driver's receipt' or 'the occupants of the car were genuine shoppers and here is a copy of their receipt'. NOT worded like you did above, nothing about who was driving or where they walked or didn't see any sign!

As for comparing the NTK with the POFA it would be a matter of checking against paragraph 8 in this case. Such as do they 'identify the creditor'? Do they use the words that para 8 prescribes, if not you can argue there is no keeper liability established.

rorylando45

OK I have just had a look at paragraph 8 of POFA and as far as I can see they seem to have followed all their guidelines. So I won't mention anything about that.

I will take a photocopy of the receipt and put that in the envelope along with the template letter. I included a sentence like this at the end: "I would also like to add that the occupants of the car were genuine shoppers; enclosed you can find a copy of their receipt."

Out of interest what is the reason for not sending it by recorded delivery? The newbie guide advises me to just get a proof of postage from the Post Office, is that correct?

Redx

rorylando45 wrote: »

OK I have just had a look at paragraph 8 of POFA and as far as I can see they seem to have followed all their guidelines. So I won't mention anything about that.

I will take a photocopy of the receipt and put that in the envelope along with the template letter. I included a sentence like this at the end: "I would also like to add that the occupants of the car were genuine shoppers; enclosed you can find a copy of their receipt."

Out of interest what is the reason for not sending it by recorded delivery? The newbie guide advises me to just get a proof of postage from the Post Office, is that correct?

correct

the reason for no recorded delivery is that these companies know it can be used against them and so refuse to sign for it

this would mean there is proof of NON-delivery which goes in their favour and not yours

the method advised means that the letter is deemed "delivered" 2 days later which also is a reason why these companies tend not to use recorded delivery too

rorylando45

OK just sent it off. Will update the topic if/when I hear back from then. Thank you for your help!

rorylando45

Not heard anything back yet, that's been a month...

rorylando45

Ouch, finally just got a response, 57 days after I sent them the appeal. They have obviously rejected it, and given me a Popla number.

Coupon-mad

Hope you didn't use your original planned appeal which gave away who was driving?

Have you found a recent UKCPM POPLA appeal in the forum by searching their name?