Is this company classed as a small company in the flowchart?

Edna_Basher

Thanks for the close up picture of the sign, NobleSX.

Although the signage may attempt to portray a breach of parking conditions as being a contractually-agreed action, I think it has failed.

The sign lists three classes of vehicle where permission has been given to park (i.e. vehicles parked fully within the confines of a marked bay which display either a) a valid blue badge, b) a valid pay and display ticket or c) a valid parking permit).

Applying the principle of contra proferentem, I think it would be reasonable to infer from the sign that parking otherwise than in accordance with "the above" (e.g. outside of the confines of a marked bay, without displaying a valid permit etc.) was not permitted. If the PPC really did permit parking otherwise in accordance with "the above" (albeit in return for payment of a £100 parking charge), the sign would surely have explicitly said so?

It cannot be possible to form a contract in respect of something that is not permitted and so it would seem that the only recourse available to the PPC would be a claim against the driver either for trespass or breach of contract. In both of these cases, the claim would have to be limited to a Genuine Pre-Estimate of Loss.

[Edited for typo]

NobleSX

Should I continue to write my letter to the PPC as per Coupon-Mad's post #33? Do the signs change any of Coupon-Mad's suggestions?

Coupon-mad

Remembering that this is your first appeal, yes I would appeal as suggested already, nothing has changed for this stage appeal:

Coupon-mad wrote: »

I would be appealing as registered keeper saying that you've received their letter and wish to appeal even though the letter doesn't mention your right to the IAS which you firmly believe is a mistake in their document since the IPC Code of Practice requires it, as does the POFA 2012. State that you've checked the area and seen a lack of signs and one on a wall not near any spaces, obscured by a tree, so you require to see their evidence photographs and a copy of their contract to issue PCNs at this site so you can make an informed decision and appeal further to the IAS. State that you cannot be sure who was driving on that occasion and have seen no evidence of their standing at this site nor their photos to show the car in contravention of any nearby sign, so any photos taken are required, along with a copy of the contract or site agreement with the landowner, by return with their rejection letter.

Finally remind them that a keeper is allowed to appeal when they first receive the Notice to Keeper (assuming this document is their attempt at such a legal document) and that your appeal is indeed in time. If they contend otherwise and do not send you photos of the car and the signage at the time of the allegation, as well as their landowner contract and the means to appeal to the IAS, you will complain to the DVLA and the IPC immediately about their misleading Notice.


P.S. Quite possibly they only recently changed the signs which is why you want them to show you the sign that was there at the time.

P.P.S. IMHO there is enough wrong with the NTK to win at IAS appeal in the end, if you spell it out like a 'join the dots' picture for a child leaving no wriggle room and enclosing (not now but at IAS stage) a scan of the NTK with all flaws annotated and highlighted & numbered to match what you will be saying to the IAS.

P.P.S. Write your appeal as the registered keeper using the points above. See what I mean about avoiding a template, 'softly softly catchee monkey...'

NobleSX

Coupon-mad wrote: »

State that you've checked the area and seen a lack of signs and one on a wall not near any spaces, obscured by a tree, so you require to see their evidence photographs

Doesn't the responsibility of proof fall to the driver rather than the PPC to prove that signs were/weren't present?

ColliesCarer

NobleSX wrote: »

Doesn't the responsibility of proof fall to the driver rather than the PPC to prove that signs were/weren't present?

No - the signs are what the PPC are relying on as their "contract". When challenged the PPC should be able to show that the signs were compliant and that on the balance of probabilities the driver must have been able to see, read and knowingly accept all terms. If they can't show that - no contract could have been formed.

If I got a bill from someone claiming I owe them money - and I say no I don't - how would I be able to provide a copy of a contract I do not have any knowledge of but they claim exists. They would need to prove it - not me.

Besides I assume you are not appealing as driver - you are appealing as keeper aren't you?

How can the registered keeper be expected to know what signs were present for an alleged parking event the driver was involved in?

NobleSX

Hi all,

What's the guidance on sharing my draft letter? Sould I just post up in the thread here for all to see or should I PM it to you all instead?

On their website it says appeals can be emailed. See page here: linkparking.co.uk/Appeals.html

The email address is appeals@linkparking.co.uk.

The letter says nothing other than ways to pay.

Coupon-mad

Post it here, we look at all the appeals and defences openly and we still win!

NobleSX

Here's my draft email:

Dear Sir/Madam,

I recently received a letter from yourselves with the reference number: XxxxxxX. I am writing to you as the registered keeper of XregistrationX and I wish to appeal. I believe I have a right to appeal however, your letter dated X X 2014 makes no mention of this right nor any instruction of how to do so. Your letter also did not enclose any photographs to show the car in contravention of any nearby sign. I believe the former to be a mistake as, according to the Independent Parking Committee’s Code of Practice, it is a requirement for you to make clear the information to appeal within the letter sent.

I have investigated further and cannot be certain of who was driving on the occasion. And in my investigations of the area, my attention was drawn to what appear to be very recently erected signs obscured by trees, along with other signs nowhere near parking spaces. Therefore I require to see any photographic evidence taken of the vehicle in contravention of the signage at the time of the allegation. Given the signage now present I will also require a copy of your contract to issue parking charge notifications at this site at the time of the allegation. I will require the photos and contracts requested so that I can make an informed decision on which to appeal further to the Independent Appeals Service should the situation arise.

If you contend otherwise, I will reasonably expect photographs of the car in contravention of the signage at the time of the allegation; and your landowner contract covering the time of the allegation, and the means to appeal to the IAS within in your reply, else I will be compelled to complain to the DVLA and the IPC immediately about your misleading Notice.

As keeper of the vehicle in question I have a right to an appeal when I first receive a Notice to Keeper to which I am within the time permitted to do so.

With kind regards,

Coupon-mad

That's perfect and very polite if you really want to wish them 'kind regards'! I do think we need to move away from templates which the IAS seem to think are 'without merit' arguments and so when it comes to that stage at least they won't think you've copied a forum template even for the first appeal. That's good.

NobleSX

As expected they rejected my letter. Here's what they said:

"Dear Xx Xx,

Further to your email.

To view the images of your vehicle taken at the time issue please visit https://www.linkparking.co.uk and follow the "click to pay your ticket" link. Before any payment details are required you will be able to view the images.

There are numerous signs located around the complex informing you of the parking requirements where you were parked, we have been patrolling this site since 2012 so the signage is not new nor has it been recently erected.

Given the fact your vehicle was not displaying a valid permit as our images show we are rejecting your appeal.

If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. For further information please visit https://www.theias.org.


Yours sincerely"