Pub Car Park - CPS

BenefitMaster

It's sufficiently edited, since the appeal is going to be made in a Nom-De-POPLA ;-)

Betterthanpar

BenefitMaster wrote: »

Yes, I'm expecting the paperwork, and from my point of view also know I'm not getting paid for it. :cool:

Which is OK - I want to experience the Perky myself.

I'm sorry to hear that, but hopefully, with ilks, oiks, and Perky, it sounds like there may be some fun in it for you.

In any case, thanks, I very much appreciate your intervention.

Betterthanpar

As time is moving on, I am thinking it would be better to ensure I get my appeal in on time with a perhaps less than perfect letter, than to risk missing the deadline.
The proposed appeal is based on the "shortened version" template as follows:


EVEN MORE SHORTENED TEMPLATE APPEAL

Dear

re PCN number xxxxxxx
I have received your parking invoice.

I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and liability to your company is denied on the following basis:

A The driver was parked in a completely empty car park for approximately 30 mins., during which time no other vehicles entered. The charge is disproportionately excessive and commercially unjustifiable relative to this event and not a genuine tariff/fee.
B You are not the landowner and do not have locus standi.
C Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract.
ALL terms are required to be so prominent and the risk of a charge so transparent that the information in its entirety must have been seen/accepted by the driver. No reasonable person would have accepted such onerous parking terms.

I request that you cancel this invoice, but if you choose not to, you must issue a rejection letter in reply to my appeal, explaining:

1 The legal basis of your charge (i.e. trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegation.
There is clearly no commercial justification for this punitive charge and no case law to support it.
2 Proof of your locus standi to offer contracts to drivers at this site.
3 Your explanation of the consideration that you believe flowed from the driver, and from yourselves.
4 The means to make an appeal to POPLA.

A certificate of posting will be obtained for all my written responses.

I note on the Newbie post, it says "No GPEOL" will not work against CPS as they do not set out their charges as "breaches". I am not clear on what the equivalent legal arguments are where charges are clearly exorbitant/disproportionately excessive and whether this is adequately covered in the appeal letter.
Comments would be appreciated. I am planning to send the letter out over the weekend.
Is it ok to send both by email and letter (with cert. of posting)

bazster

What's going on? I thought PTAS was handling this for you?

Dee140157

Me too. Some confusion here.

Coupon-mad

You haven't even said if there's been a Notice to Keeper sent yet? Let PTAs handle it for you, don't step outside of the offer already made to handle it.

bazster

ddavies43 wrote: »

As time is moving on, I am thinking it would be better to ensure I get my appeal in on time with a perhaps less than perfect letter, than to risk missing the deadline.
The proposed appeal is based on the "shortened version" template as follows:


EVEN MORE SHORTENED TEMPLATE APPEAL

Dear

re PCN number xxxxxxx
I have received your parking invoice.

I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and liability to your company is denied on the following basis:

A The driver was parked in a completely empty car park for approximately 30 mins., during which time no other vehicles entered. The charge is disproportionately excessive and commercially unjustifiable relative to this event and not a genuine tariff/fee.
B You are not the landowner and do not have locus standi.
C Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract.
ALL terms are required to be so prominent and the risk of a charge so transparent that the information in its entirety must have been seen/accepted by the driver. No reasonable person would have accepted such onerous parking terms.

I request that you cancel this invoice, but if you choose not to, you must issue a rejection letter in reply to my appeal, explaining:

1 The legal basis of your charge (i.e. trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegation.
There is clearly no commercial justification for this punitive charge and no case law to support it.
2 Proof of your locus standi to offer contracts to drivers at this site.
3 Your explanation of the consideration that you believe flowed from the driver, and from yourselves.
4 The means to make an appeal to POPLA.

A certificate of posting will be obtained for all my written responses.

I note on the Newbie post, it says "No GPEOL" will not work against CPS as they do not set out their charges as "breaches". I am not clear on what the equivalent legal arguments are where charges are clearly exorbitant/disproportionately excessive and whether this is adequately covered in the appeal letter.
Comments would be appreciated. I am planning to send the letter out over the weekend.
Is it ok to send both by email and letter (with cert. of posting)

As C-M asks, have you received a NtK yet?

Betterthanpar

NTK expires early next week

Dee140157

Ok , if the postal NTK expires next week, time to get the appeal in I think. So go with template appeal for now. Aim ultimately is to get a POPLA code if not a cancellation.

I have just had a pork at their website. The scrolling box of news amused me, as there are 3 news items from this year, but are still scrolling to news as long as 3 years ago!

bazster

Dee140157 wrote: »

I have just had a pork at their website.

Oh very good! :rotfl: