Parking charge notice issued - can I appeal?

hatters14

Hello again. I am planning to post my appeal letter tomorrow morning but noticed a few other areas that I wondered if anyone could offer some clarification:

Firstly - it states the letter should be sent with proof of postage and not be sent via registered post. Does this also eliminate special delivery which provides a tracking number and requires a signature?

Have looked more closely at at PoFA 2012 I an unsure whether their letter sent really does not comply with Section 4 which states:-

4.1 The provisions in Schedule 4 are intended to apply only on private land in England and Wales. Public highways are excluded as well as any parking places on public land which are either provided or controlled by a local authority (or other government body). Any land which already has statutory controls in relation to the parking of vehicles (such as byelaws applying to airports, ports and some railway station car parks) is also excluded.

The driver did park on on private land however, the ticket stated that they parked on a named public road/highway.

My prepared letter is below. any further advice would be appreciated. Thank you

Dear Sirs

I refer to the above notice which I challenge, not as driver but as keeper of the car, on the following grounds:

a). Firstly it is a non-compliant Notice to Keeper in that the offence described did not actually occur. The driver was not parked on a blah blah Road at any point during the stated date.
b). The sum sought does not represent a genuine pre-estimate of any loss and yet it is intended as a deterrent, so the charge is a penalty.
c). The signage on site is deficient,defaced, not prominently located, the wording unclear, and it fails to comply with the Code of Practice.
d). In the absence of any evidence it is my case that you lack any or sufficient proprietary interest in the land.
d). Your notice was deficient and fails to comply with Schedule 4 of the Protection of Freedoms Act 2012.


This is my formal representation. There will be no admissions as to who was driving that day and no assumptions should be drawn in the absence of evidence. I have decided to appeal this as keeper and as such, you must either rely on the POFA 2012 or you must cancel the charge if you know you cannot claim keeper liability in this case. Please uphold this challenge or send a rejection letter, so I can escalate this matter to the independent appeal service offered by your Trade Body.

Yours faithfully

Redx

not recorded

not special delivery either

just send at a PO with a free certificate of posting , simple as that (do not complicate things)

hatters14

You are so very helpful.


Can go to zzzzz now. Thank you very very much!

Will keep you updated.

hatters14

Hello again, Well today we received a Notice of Liability stating the owner is now liable for the charge. There is no acknowledgement of my previous letter at all. It seems that the letter has been sent as standard procedure. Shall i resend a copy of my previous letter asking them to acknowledge and comment on the points I have raised?

Coupon-mad

Yes but write it as a complaint, not 'asking' nicely. And if you can email it then do so, and send a copy of the letters to the BPA in a complaint email as well, using the email addy in the Newbies thread post #6.

hatters14

Hello again, I have looked at the post recommended however, my space was not in a shopping centre so was not sure whether the letters sent apply to me.

Is there a template for parking areas associated with private companies?

hatters14

Hello, I have looked at post #6. And unsure about what I should ber now be forwarding.

The letters on that post apply more to shopping centre car parks. I do not know who the manager of this area but still maintain the signs are not clear and the area where my car was seen has not been accurately stated on my invoice. Not sure where to go now!

hatters14

I have received great advice so fay but now am stuck.

Not sure where to go from here now as many of the PCNs seem to be from shopping areas. Mine was not Does that make it valid?

Should I now pay it?

ampersand

'Should I now pay it?
#
NO!!!!!!!!
Have you followed c-m's advice.#36 and written a strong complaint to the BPA[em?Steve Clarke]and ESS?
You need to be showing us your draft by now. What have you actually written so far?
Hope it's not NIL. You seem to be wavering and ready to give in/up.

DON'T!!!! Please:-)

Adapt and cherry pick from the many letter examples you've been reading. All the points you need are there. Just start and suddenly you'll be right into it.

Don't be frightened. Time is being wasted.

hatters14

Hello again - this is the letter that I am sending to Steve at BPA:


I wish to make a complaint regarding your members Parking Enforcement and Security Services and PCS.

As the registered keeper of a vehicle I appealed against a PCN number xxx issued on xxx. On 29th September I received a Notice to Keeper from PCS to which I responded to on the 6th October, then on the 15th October I received a further letter requesting payment from PCS but failing to answer/acknowledge any of the questions in my original appeal and failing to issue me with a POPLA code which in clear breach of the BPA Code of Practice

On this basis I am now writing to you and enclose correspondence received and sent to date. I therefore request that you either instruct them to cancel the above PCN or to issue a POPLA code.

Do I sign the letter to Steve with my name?


and this is the letter to PCS:

Dear Sir/Madam

Re PCN number xxxxxxxxxxxx

I acknowledge receipt of your correspondence dated 15th October.

Attached is a copy of a letter sent to you on 6th October which to have failed to respond to . This attached letter is representation against the Notice to Keeper previously sent to me and I would be grateful if you could acknowlege this letter and reply accordingly.

Your reply along with other correspondence will be forwarded to Steve Clark of the BPA along with a formal complaint about your incompetent handling of this matter to date.

To this end I request that you cancel this invoice immediately therefore avoiding further action.

Yours faithfully