Please please help

CK93

What do you mean by, " these charges are not allowed to be penalties"?

Dee140157

[url]Http://s1285.photobucket.com/user/CK93/library/?view=recent&page=1[/url]

da_rule

CK93 wrote: »

What do you mean by, " these charges are not allowed to be penalties"?

In order for the charge to be enforceable in law it must only constitute the value actually lost by the company. As the parking company don't own the land and actually have no income from the land then the charge can only be equal to the amount they 'lose' in chasing you. Anything above this is deemed to be a penalty. Penalties cannot be used in non-business to business contracts. Therefore the charge is unenforceable, especially as they admit it's a penalty.

This is all explained in the Newbies sticky thread.

Iceweasel

CK93 wrote: »

What do you mean by, " these charges are not allowed to be penalties"?

You need to do several things CK93.

Stop communicating with the University and First Parking - you are going at this like a bull in a china shop.

You will beat these 'charges' using a legal argument - you will not succeed by trying to get them to cancel things right away.

You need to realise the importance of the words used - you have not been issued with a 'fine'. Only police, councils and courts can do that. You have been given a speculative invoice.

The use of the word penalty is very important as all that you can be liable for is the losses suffered by the university.

Again they can levy a charge - but not a penalty - that is for police, councils and courts.

You will win this - as the whole silly business of private parking charges will collapse when you show evidence of 'relaxed' or 'waived' rules and most importantly on them telling you that you have been issued a penalty.

Read the newbies thread very carefully - the precise words are all-important - 90% of the first time posters on here think they have received a parking fine - they (and you) have not.

CK93

Sorry if I am being stupid but the below is the PCN appeal template?

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.

Yours,



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

Hot_Bring

Yes it is. You need to use it for each "ticket" you have received.

Coupon-mad

Yep that's right and I would add some more points to the numbered points and would remove the 'take formal note' part completely as it's not needed at this stage - hit them instead with the relevant stuff:


Dear F1rst Parking LLP,
PCN numbers xxxxxxx, xxxxxxx and xxxxxxxx (Three parking charges) issued on the University of Winchester King Alfred College site.
As the registered keeper, I have received three parking invoices dated 3rd, 4th and 5th June 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 University
2) Your signage does not comply with the BPA 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
4) The Regulations on the University of Winchester website refer to the BPA Code of Practice from 2011 which has been replaced several times since then and that date was before the POFA 2012 so that Code of Practice is irrelevant to current law.
5) The University has admitted that the predominant purpose of these charges is as a penalty, which is not recoverable in law. The Regulations on the University of Winchester website refer to the charges as 'penalties & sanctions'.
6) The Regulations on the University of Winchester website say: ''The Regulations apply during term time only (23rd September 2013 to 13th December 2013 then 13th January 2014 to 4th April 2014, then 6th May 2014 to 23rd May 2014) on the King Alfred College and West Downs Campus from 0800 to 1700 hrs week days and at all times throughout the calendar year at the Sports Stadium.''

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).

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.

Yours,



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

CK93

Thank you so much

Coupon-mad

Obviously that's a letter and must include your address where you can be reached over the Summer.

CK93

One more little question,

I need to include my address in order for them to get back to me???