parking appeal

Redx

you can use tinypic or photobucket to host the pics, then use a hxxp weblink for each one (not http)

a regular here will then post clicky links for you

here is the example you are adapting https://forums.moneysavingexpert.com/discussion/comment/65410407#Comment_65410407

nikkimaisy

does my appeal look OK?

Coupon-mad

It's not quite right with the non-compliant NTK wording because that template talks about omissions from paragraph 9 of Schedule 4 of the POFA, which only deals with ANPR postal PCNs. Your letter alleges there was originally a windscreen ticket, so needs to be compared instead to paragraph 8 (which is about NTKs which follow a windscreen PCN).

Can you show us both sides of that 'NTK' that TNC have sent out for CP Plus? As a newbie you will need to remove the http:// from your link!

I would be surprised if the only omissions in wording are the creditor and period of parking, I would expect the NTK to be a steaming pile of poo in fact! And was it received by day 57 counting and including the date of parking event as day one?

Coupon-mad

Can't see that - you need to host the pics on tinypic or photobucket or in dropbox.

nikkimaisy

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trying a couple of ways

nikkimaisy

thought it might be easier to type it out!
Notice to Keeper or Hire Company
We have obtained your details from DVLA under a "reasonable cause" request as you were the registered keeper of the vehicle specified at the time of the parking incident shown. A Parking Charge has been issued under the terms of schedule 4 of the Protection of Freedoms Act 2012. Your vehicle was involved in breaching the stated terms and conditions of parking which were clearly displayed via signage and agreed to by the driver when your vehicle was parked on land managed by our client CP Plus.
A Notice to Driver, providing details of the incident, was issued via a Parking Charge Notice (PCN) that was affixed to the vehicle screen. The driver was required to pay the parking charge specified within 28 days of issue. The opportunity to pay at the reduced rate has now passed and the full amount is now due.
As the charge has not yet been paid and we do not hold a record of the driver's name or address, we are writing to you as the keeper of the vehicle. As such we now invite you to make payment of the parking charge shown or if you were not the driver of the vehicle at the time of the incident to notify us, acting on behalf of CP Plus, of the name and current serviceable address of the driver so that we can pass this charge onto him/her.
If within 28 days of the issue of this Notice to Keeper you fail to provide us with details of the driver at the time of the incident then under the terms of schedule 4 of the PoFA 2012 you are liable for the Parking Charge as keeper at the time of the incident. At this stage we may pass the account to a debt recovery company where further costs may be added.


There is a payment slip at bottom and a bit if it is a hire vehicle.
The parking charge details are date, reg, make, colour, locations, time of incident, our client (which is C P Plus) and parking event details - no valid P & D or Permit. Also shows ref no. amount due and BPA logo.

On the back there are lots of ways to pay!
Appeal instructions
Late payment statement
Data Protection statement
Contact details
If you were not the driver of the vehicle at the time of the alleged contravention, please forward the full name and serviceable address of the driver to ourselves within 28 days of the date of this notice to ensure no further correspondence is sent to yourself and so that you do not become liable for the charge.

'incident' was 20th June, letter date is 12th August.

Redx

clicky link

http://tinypic.com/view.php?pic=35kpwnd&s=8#.U_7fdGPp9Sc

Coupon-mad

The penultimate paragraph: 'If within 28 days...' does not reflect the entire warning the NTK needs to (as set out in paragraph 8 of Schedule 4 of the POFA 2012 but you'd need to read the POFA 2012 link in the Newbies thread and find the exact wording to quote). It misleads you as it says as keeper, you 'ARE LIABLE' if you fail to give the driver's details - but that's not necessarily the case. You also have the option to pay or appeal of course within that 28 days not just give the driver's name & address, and it's not certain a keeper is liable (only applies if the PPC has jumped through the hoops of Schedule 4 and your contention is they have not).

The Notice to Keeper actually states that payment is required to be made to an unidentified party, Parking Collection Services, who are a third party debt collector. As such, there is no certainty of contract terms as far as identifying the creditor is concerned. The 'creditor' appears to be PCS at first glance, going by the tear off slip at the bottom, yet the letter heading is 'CP Plus'.

So it's non-compliant also in that there is no specific identification of the Creditor who may, in law, be CP Plus, or PCS, or the landowner, or the managing agent of the site, or some other unidentified party.

You can also state that there was no windscreen PCN (Notice to Driver) seen by any driver of the car at all so you put the Operator to strict proof that one was ever applied to the car at that time on that day. Otherwise the Notice to Keeper alone fails to meet the requirements of the second condition of Schedule 4 for 'keeper liability'.

Was the NTK sent 1st class - did you keep the envelope to check? It's flippin' close to the 57 day limit but only just in time if sent 1st class on 20th June. Can you tell?

PLEASE SHOW US THE BACK OF THE NTK...DON'T TYPE THE WORDS...pics please.

nikkimaisy

i60.tinypic.com/25tgw3o.jpg[/IMG]

i58.tinypic.com/wi38s0.jpg[/IMG]

Thank you for your help,unfortunately I didn't keep the envelope.

Redx

nikkimaisy wrote: »

i60.tinypic.com/25tgw3o.jpg[/IMG]

i58.tinypic.com/wi38s0.jpg[/IMG]

Thank you for your help,unfortunately I didn't keep the envelope.

more clicky links

http://tinypic.com/view.php?pic=25tgw3o&s=8#.VAAxTWPp9Sc

http://tinypic.com/view.php?pic=wi38s0&s=8#.VAAxdGPp9Sc