PPS parking charge WIN.

Herbalus

Just a quick note to say a huge thank you to the newbie thread and all your expert advice which I've read and digested following a PCN from PPS, which they agreed to cancel after my appeal letter.

The charge was pretty "fair" (edit - the reason for applying the charge was "fair") to be honest - car was parked right next to the "£100 fee" sign while something was dropped off for five minutes, and the security guard was taking photos when driver came out, but I sent off a letter anyway based on the template.

From the advice on here I was able to challenge:
1. no genuine pre-estimate of loss
2. out of POFA timescale (no parking notice attached to windscreen)
3. contractual fee not accepted, and also dressed up as a penalty which is unfair in consumer contracts
4. No evidence of parking contravention included in PCN (which is really strange because the lady took photos of the car!)
5. they're not the landowner so no standing to offer contracts

It was an adaption from the template in the newbie thread, and I was fully expecting it to go to POPLA, but just had the letter to say they were cancelling the charge as "a goodwill gesture" (YAWN...)

So if anyone else is currently fighting PCNs, take heart, because I'm not a legal expert (writing legal letters is something I've never done before), and I was worried about the outcome, but I'm pretty chuffed.

:T:T:T

GingerBob_3

Well done. Good one.

But:

Herbalus wrote: »

The charge was pretty "fair" to be honest ...

No, it wasn't. Almost by definition these attempts to obtain money by deception/menaces are unfair.

Redx

a small charge may have been "fair"

£100 is extortionate

da_rule

If the charge had been "fair" and lawful then you would not have won your appeal.

Herbalus

Lol I thought that might get some comments. When I said "fair" I meant only that the driver read the sign, understood it, thought they'd chance it, and was caught by a security guard, which differentiates it from those where signage is not visible/caught by CCTV miles away/other tickets where the driver isn't aware of the conditions that the parking companies try to impose. "Fair" as in they were "right" to send the PCN according to their rules for entering the land they manage.

I didn't mean the £100 charge was reasonable. Thanks for your comments.

Coupon-mad

Well done - the fairest outcome! Nice to know the template appeal letter struck again.