Pcn

leapinglizard

Hi
I have read through the Newbie thread and many others but I'm still not sure if I should pay up or appeal so I'm looking for advice please.

Last week, the driver of my car parked in front of a row of shops, there were other cars parked in what the driver assumed were parking spaces. My car was parked for about 10-15 mins in the row of other cars, the driver not even considering that parking was not allowed there. I have today received a PCN NTK asking for £100 (reduced to £60 if paid within 14 days). The letter includes a photo of my car and in the background there is a sign on the building which looks like it could be a 'don't park here' sign. This sign was not seen by the driver on the day as it didn't even cross their mind that parking would not be allowed.
Is it worth appealing or should I just pay? The template letters I have found all include a paragraph about signage enforcing a legal contract not being displayed clearly, however, if that is what the sign is behind my car I don't see that I can use that as an argument.
What are your thoughts?
Thanks

bazster

God no don't pay. I'm gonna have a punt and guess Flashpark. Am I right?

Redx

if the sign wasnt clear then it could not be seen properly by the driver

I doubt anyone in this saga is an expert on signage and so you would dispute its validity and that it doesnt meet the code of practice

I also dont think the charges are reasonable in nature either, so why would you "just pay" ?

suppose it said £1000 on the pcn and sign (reduced to £600) , would you just pay that ?

or if it said your car was to be impounded and crushed ? would that be reasonable ?

there are many issues in force here, including not a gpeol, no legal contract and poor signage, surely you picked those issues up from the newbies sticky thread ? (seeing as they are in the template appeal latter)

that the punishment doesnt fit the crime !

and did you miss this part here at the beginning of the newbies thread ?

This isn't a real parking ticket. Don't be scared. The details do not matter! You always have a case to challenge a private parking ticket, whatever the circumstances even if they have photos.
OUR APPEALS HAVE 100% RECORD FOR THE BPA'S 'POPLA' (SIMILAR APPEALS WORK AT THE IPC'S 'IAS').

leapinglizard

Thanks for your replies
No, it wasn't Flashpark - Norfolk Parking Enforcement
If the sign behind my car is a don't park here sign it is pretty clear and well placed, I (I mean, the driver) just didn't look.

Does this letter work/ have I missed anything essential?



Without prejudice, except as to costs

Parking Charge Notice - Notice to Keeper ref number *****

This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

On 28/08/2014 I was the registered keeper of a ******, registration number *******.

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

Please explain on which of the following grounds your claim is based:

(i) Damages for trespass
(ii) Damages for breach of contract
(iii) A contractual sum

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.


Please also provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.
If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.
If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.
Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.
Yours

Redx

looks like a phishing letter to me, not an appeal

and one giveaway is this WITHOUT PREJUDICE part at the beginning, so I think you have copied and pasted it from somewhere

whatever you may think of the sign, very few of them are actually leggally correct or follow the BPA guidelines for signage, some judges say they are giberish so who are we to disagree, so nobody really cares about what you think of the signs nor what happened on the day as you are now in the realms of legal arguments

so use the template letter in the NEWBIES thread , not ones from any LBC thread

if you are too unsure to go through with this yourself, let PTAS do it all for you for £16 (parkingticketappeals.org.uk) - but either way make sure you dont use incorrect wordings or out of date templates off the net

leapinglizard

I just called the shop I had parked outside, explained why I was there and they said they'll cancel the charge

bazster

leapinglizard wrote: »

I just called the shop I had parked outside, explained why I was there and they said they'll cancel the charge

Result!

Press on with preparing your challenge though because these promises don't always work out!