Bay numbers covered in dust

tk4850

Hi,

I drive a company car and live in a block of flats in leeds. I got a ticket for parking in the wrong bay, even though I was displaying a permit. I feel this is unfair as the bay's numbers are covered in dust and not clearly visible (I have photos to prove this).

So I've drafted a response using the template to Vehicle Control Services.

Should I mention the fact I couldn't see the bay numbers and attach photos or just stick with the template?

Also how does having a company car impact, if at all, on the template I should use. For ease my drafted response is pasted below. Any expert help greatly appreciated!


Dear Vehicle Control Services

Re: PCN No.

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

Xxxxxx (my name)

Coupon-mad

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.

Get rid of that bit and change the start to 'as driver' because you need to make sure the PPC don't write to the company at all. So 'out' yourself clearly as the driver and include a postal address if appealing online or by email.

Should I mention the fact I couldn't see the bay numbers

I would - but don't bother to show them your pics, save those for evidence for the IAS or POPLA. What date was the parking event because VCS have just recently hopped from the BPA to the IPC.

ampersand

Also, URGENTLY remove that identifying pcn no!

ppc's read these Threads.

tk4850

Thanks very much for the reply, will amend as you suggest.

The ticket was issued last Sunday night (12th) so what does VCS moving to IPC impact on?

I've taken plenty of photos of various bays, including the one in question so will keep them in the locker for now.

Thanks again for the advice, much appreciated.

ampersand

Back to newbie stickies' reading, with special attention to #3.

The move notionally means they think they have more wriggle room, but NOT when you have help from here.

You may like to cast an eye over wigannwuk's Thread - VCS chucked out after a few weeks.

Do you fancy becoming hero of your Estate for seeing them off?

The_Slithy_Tove

I would reckon the signage has not changed since VCS's move to IPC, so probably alludes to breach of contract (do you have photos?), so GPEOL should win out.

tk4850

Just checked and the signage has a BPA Approved Operator badge. Given that VCA is now with the IPC is this a good thing?

Again have photos so hopefully will help during the process.

Coupon-mad

Yes it's a good thing but it's not the Badge - it's the wording that will be wrong for IPC.