UKCPM- Ticket #2

Mike172

Posting for future reference of others and any C&C.

TLDR:

Received a PCN for Invalid Permit, actual reason was parking in someone elses space, someone took it off the screen. Received my NTK around this time. Private car park for residents.

At this point ive not actually won an appeal yet but have another in progress for a friend displaying an invalid ticket (photocopy). SO running two appeals side by side.


Received NTK in post recently. I never did get the PCN - its pictured in the photos UKCPM have taken. Either way I wouldnt have responded until receiving the NTK so no point in wondering why someone removed it. If this appeal is successful they have done me a favor.

First step is the soft appeal. Standard template from newbie sticky..... No need to read...

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 neither 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 your 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. This rebuttal has been sent by 1st-class post and is thereby deemed delivered within 48hrs. I look forward to your considered reply within 35 days.


Yours faithfully


{the registered keeper's name}

Once I receive the rejection I will update. May need some help constructing the second phase appeal to POPLA based on my circumstances as they all seem to vary slightly from the standard template..... I am parked in someone else's space and have been for a year. But Ill do that soon as I have my POPLA code and rejection. Thanks in advance

ampersand

Use the same tweaks as per friend's Thread, Mike.
#
re 'Where sent by post I have obtained...' - reason for change is that you have not sent yourself by post. As written, 'I' relates to that action.

Mike172

Thanks. Slight tweak in the OP based on your comments in my other thread.

You sure I should leave out the part about costing? I can leave the drop hands offer. Just remove the cost calculation.

ampersand

As you please Mike - because when they reply with ludicrous heads of costs and even sillier sums for these, they are aiming at their own feet....and hitting the target:-)

It's not a breaker/maker point at this stage.

Coupon-mad

Threads need merging - we don't have more than one thread here about the same case as it's too confusing.

Mike172

Nope ive got two on the go as of yesterday. This is my own ticket. Same company, same place.

Coupon-mad

What two tickets? Greedy!!

Mike172

Yeah. Never even got the PCN - guess someone has removed it either to make me ignore it thinking id not hear back or get charged an extra £40.

Mike172

Sent off this morning:

Dear Sirs

Re: PCN No. 000000

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 neither 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 your 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 your alleged '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 document, purporting to be a contract, upon any driver of my vehicle. Any so-called 'contract' you produce is hereby cancelled and any obligations now end. If you offer - and if I decide to use - your IAS or POPLA, then that same so-called '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. This rebuttal has been sent by 1st-class post and is thereby deemed delivered within 48hrs. I look forward to your considered reply within 35 days.


Yours faithfully


My actual name...