Thanks! - and a question...

gertysingh

Put yr Popla here for it to be checked.

Once you have submitted yr Popla appeal, the PPC's have to submit an evidence pack and you are given about 2 weeks to rebut their claim. Post it here so that the forum people can help you rebut their evidence.

gertysingh

p.s. if your mate doesn't want your help, then redirect him to here: http://www.parkingticketappeals.org.uk/ It is £16.00 and they'll pay if they lose. Bargain!

Mike172

Ace If he goes and submits his own appeal without telling me hes on his own. I dont even know what situation his dad appealed those tickets. But ill construct this soft appeal and await evidence pack. Before I do Ill post my appeal and await the go ahead. Just concerned about this Amy Riley....

gertysingh

...sounds like if you fail, you've said you'll pay!

If you're concerned about Amy - then give it over to the Parking Tickets group. This is made up of forum people from here.

If you want to take the chance here, make sure your next appeal is a HARD appeal. You gave the soft appeal to the PPC knowing they would reject it. Check the newbie thread to help you write one but please check through it to make sure all the information is relevant to you. It gets boring reading submissions of copied templates with very little edits.

Mike172

Havent but id happily pay. I am counting on the soft appeal being rejected as I figured that was part of the process. I was considering sending a photo of a whale and then asking for a POPLA code....

I havent writen the soft appeal yet.... I was going to use the template till I saw:

- If no time to 'dig out flaws' in paperwork, just use our appeal example unless your PCN was from:
'Devere' (Bournemouth usually, e.g. at Castlepoint)
'District Enforcement' (Staffordshire University etc.)
'Secure -a-Space'
'Napier'
'UKCPM'
'Combined Parking Solutions' (astonishingly now pursuing families at Fantasy Island, Skegness, and normal POPLA appeals won't work)
or
'Premier Parking Solutions' (especially re a flipped ticket at Hull Docks where you must word your POPLA appeal very carefully)


If so, please start a thread with a picture of the sign on site and don't respond to private messages offering 'help'.


I think the CPM sign has been posted many times. Where do I stand now?

Mike172

I must note I didnt complain to the management company. Not entirely sure who is the land owner. Either way Ive seen 2-3 people on facebook group for out flats complain to the management company only for them to turn round and say 'Its nothing to do with us...'

gertysingh

The PPC puts in your soft appeal as part of their evidence pack to the Popla assessor. So it is good to look like you are being serious....

Anyhow you can do a search for CPM or Car Park Managemenr in the MSE search box. Lots of examples will appear.

As for the management company, ask them who "hired" the PPC?

Coupon-mad

Glad to see you have read so much useful info. As far as UKCPM are concerned I can probably now remove them from that 'special list' as they are nothing to worry about and you can send the template. They were only there at a time when someone initially lost at POPLA with another new assessor who misread a sign about breach and thought it proved the charge was consideration (lesnmandy's case if you want to read it).

Mike172

Ok. Ive got my own NTK now (never received a ticket but its clearly photographed on the windscreen...guess someone took it off)

For this case (my friends) I will be submitting the standard template. Obviously including details... Nothing has changed from the original to save you guys time except for the PCN number, their address and my friends actual name at the bottom.

Bloggs PPC
Anystreet
Anytown


Dear Sirs

Re: PCN No. 000

I challenge this 'PCN' as keeper of the car, on the following grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is an unrecoverable penalty and not commercially justified.
b). The signage is insufficient, the risk of a charge is not transparent and the wording is ambiguous.
c). There is no evidence that you have any proprietary interest in the land.
d). Your written 'notice' fails to comply with the POFA 2012.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

The purpose of this communication is threefold:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn in the absence of evidence. As such, you must either rely on the POFA 2012 or cancel the charge if you cannot claim keeper liability. Please uphold this challenge or send a rejection letter, so I can escalate this appeal to the independent appeal service offered by your Trade Body.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal costs. Equally, I have incurred costs to date, for researching the law, reading your Notice and responding, despite a lack of contract. I calculate both my costs and yours to be under £15 at this early stage, therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my expenses.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged contract which was never properly offered or explained by you. The charge is not acknowledged, is not due and no 'service' from you was ever expressly requested by the driver or by me. Neither the driver nor myself gave 'prior express consent' or any consent at all for the alleged contract and it is not for me to reimburse you for foisting an unexpected and non-negotiated contract upon any driver of my vehicle. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - your IAS or POPLA, then the contract still ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies.

As well as not meeting the requirements of the POFA 2012, it is my view that you have breached the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013. In replying, you will also be acknowledging receipt and understanding of points 2 and 3 above. Where sent by post I have obtained proof of posting; where submitted online/by email it is deemed received by you unless proved otherwise. I look forward to your considered reply within 35 days.

Yours faithfully


Friends Name




This will be my 'soft' appeal. I will wait for an OK from someone then send this via email. I will then await the POPLA code and evidence pack and report back. Once I have received this I will update this thread and proceed with the second stage appeal which will be a direct copy of this one for UKCPM linked:

https://forums.moneysavingexpert.com/discussion/comment/65848442#Comment_65848442

Does this seem OK? - can provide the parking notice signs if needed but they are no different to the other UKCPM ones posted throughout threads on this forum.

I will be following the same appeal for my newly acquired NTK

gertysingh

...where submitted online/by email it is deemed received by you unless proved otherwise.

FYI: This point appears to not be valid in law! Only post is difficult to fight in law where you have proof. Unfortunately the law has not caught up with the digital age.

Thus I prefer posting and can get a free certificate of posting.

Otherwise this is fine for your soft appeal. Don't need to send anything else through but get your defence ready for Popla and an invoice to the PPC (well you did say you're going to charge them)