Park Watch - Defense Systems (Help)

Croon

This is my first ever post.

I received a letter this week from Park Watch - A Division of Defense Systems. Stating "Unauthorised Parking". It then says the driver has 14 days from service of this notice to pay the discounted charge of £60, otherwise the charge will be £100.

The letter then says - As the incident was captured by camera we had reasonable cause to apply to the DVLA for the keeper details to inform you of this charge. They then go on to say if no payment is received within 28 days they will forward the debt to a debt recovery agency.

Can someone please help? Is they a way of not paying this fine?

pogofish

Start by reading the Newbies Sticky carefully - All you need to see this off is outlined therein.

Post back here when you have the bones of your challenge/appeal together.

Croon

Thanks.

So I just have to email the company with the below? Is it that simple?

Dear Sirs

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.

tykesi

No - read the NEWBIES thread IN FULL which will tell you what the likely next steps are!

Croon

Ok I have read it now.

So I need to add the Formal challenge, ''Drop hands'' offer or Notice of cancellation of contrac,t accompanied with the final paragraph and the add Yours faithfully?

Coupon-mad

Yep that's what you send, the whole template.

Croon

Sorry to be a pain. Do I send the whole thing (See below), or edit out some sections?

Thanks

Dear Sirs

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


{the registered keeper's name}

Coupon-mad

I can't be arsed to repeat myself.

SevenTowers

Yes, as CM says, the whole template.

Or alternatively you can pay £16 to these guys to make it go away for you:

http://www.parkingticketappeals.org.uk/

It is run by trusted members of the forum.

Croon

Thank you. Can anyone advise if it is better to send the letter via post, or email?

SevenTowers

Croon wrote: »

Thank you. Can anyone advise if it is better to send the letter via post, or email?

Both, get a free proof of posting confirmation from a post office.