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Appealing a PCN: Error on notice.
onefreeinternet
Posts: 2 Newbie
Hey. I'm hoping I've been given a way out of my recent PCN. I was 3 minutes late - so I would be most happy to screw this up in the bin.
PCN lists the make of my car as a Vaxhaull when it is not a Vauxhall ... all other information seems to be correct. I've got this lovely template to boot:
Dear Sirs
Re: PCN No. ....................
I refer to the above notice which I challenge, not as driver but as keeper of the car, on the following grounds:
a). 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.
b). The signage on site is deficient, the wording unclear and it fails to comply with the Code of Practice.
c). 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
With the faults on the notice, do I have a solid chance - and is there anything I am missing?
Many thanks,
Picture here: oi58.tinypic.com/x43wvl.jpg
PCN lists the make of my car as a Vaxhaull when it is not a Vauxhall ... all other information seems to be correct. I've got this lovely template to boot:
Dear Sirs
Re: PCN No. ....................
I refer to the above notice which I challenge, not as driver but as keeper of the car, on the following grounds:
a). 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.
b). The signage on site is deficient, the wording unclear and it fails to comply with the Code of Practice.
c). 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
With the faults on the notice, do I have a solid chance - and is there anything I am missing?
Many thanks,
Picture here: oi58.tinypic.com/x43wvl.jpg
0
Comments
-
Sorry, this won't work with a council issued Penalty.
You'll be best on Pepipoo as this site deals with the private Parking Co's http://www.pepipoo.com/
You'll need to post (or link to) pictures of both sides of the ticket.0 -
That contravention code is not for being 3 minutes late:
http://tinypic.com/view.php?pic=x43wvl&s=8#.VDBlA03wupo
That's for parking on a yellow line (I assume a single yellow that took effect from 10am?). Post on pepipoo to get help to win BUT PLEASE SHOW THEM THE ENTIRE PCN INCLUDING THE BACK. For starters I notice the print is set too high which MIGHT be an appeal point as the discounted amount may not be readable? Show pepipoo the whole PCN:
http://forums.pepipoo.com/index.php?showforum=30
NEVER screw up a PCN and put it in the bin - especially Council ones unless you like the idea of being acquainted with bailiffs a few months later.
HTHPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks for the info everyone. Much appreciated!0
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