First appeal need checking please

Rennie2142

Right I have got a parking fine and it is due to the poor signs of the car park. I paid £3.50 for my parking as it said the car park was 8-6pm and I arrived at 17:51.
I have read on here people in the same situation in the same car park.
It clearly said 8-6 park charges so paid and assumed there was no additional cost after 6 as the sign didn't state this. It was dark and I may have missed it but I looked carefully so it shows how poorly lot/signed it is.
I am also expecting a second one through as I used the same car park again before I got this letter and I went after 6 so didn't pay.

I have read the newbies section and I have the example for my first appeal to Parking Eye.

Do I need to alter the standard example or can I send it as it is?

Dear ParkingEye

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.

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.

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.

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.

Thank you for any help!

ezerscrooge

Jolly good. Standard template is fine for the 'soft appeal'. PE seem to be cancelling the charges when they get one of these.

Get it fired off to them.

And do the same again if you get another one - each has to be dealt with seperately.

Coupon-mad

Threads need merging now, as you should have continued here:

https://forums.moneysavingexpert.com/discussion/5095489

Please pm Crabman to ask for these posts to be merged into your original thread, and please just click 'reply' each time so we can see the whole picture.