Private parking ticket with hire car HELP

sterowe

I recently received a private parking ticket in a courtesy car im using through my car insurance.

I have read the **NEWBIES!! PRIVATE PARKING TICKET? thread and i am going to use the template for my first appeal to the PPC.

However i am unsure what to type in the template regarding the registered keeper information as i was using a hire car at the time.

Am i the keeper of the vehicle and if not what should i enter in these sections of the template.

A prompt response would be greatly appreciated as im keen to avoid the PPC chasing the hire company for an easy pay day.

Thanks in advance, ste

Coupon-mad

Am i the keeper of the vehicle

Yes you are. But which PPC is involved, as it may be better to say you were the driver in case it's a PPC which will send a NTK to the Garage anyway.

4consumerrights

I agree with coupon mad here.

Just confirm also that this is still a windscreen ticket.

Have you checked the details provided by the insurance company and lease company?

You do not want to give any opportunity for them to charge you - however as the vehicle was provided under an insurance claim then you would almost certainly have recourse via the Financial Ombudsman.

I would certainly consider identifying as driver -in any case.

Plus you should make a complaint to the retailer/landowner.

sterowe

Thanks for the quick response guys, it was indeed a windscreen ticket. I parked in a tiny multi story with 1 pay and display machine which was broken. No attendant, nobody answering phones.

The ppc was UK parking patrol office Manchester.
Is it worth me phoning them regarding the circumstances or should I just fire the template off to them.
Also should I tell them who the driver was. And should I include this in the template letter


Thanks again, ste

The_Slithy_Tove

NEVER phone a PPC or one of their fake debt collectors. You'll be wasting your time and getting unnecessarily wound up by them.

sterowe

I have briefly spoken to UK parking patrol office and it appears that they have written down the incorrect location reference on the ticket.

The ticket says location ref 1187 but apparently this location does not exist and has been written on the ticket in error.
Other than this and the ticket ref, no other info was given to the adviser on the phone.

Does this have any impact on what i should do, should i just stick with the template and should i name the driver?

Again thanks a lot in advance, help is muchly appreciated.

ste.

Coupon-mad

Obviously when writing as driver you can't leave wording in saying you won't be admitting who was driving, nor can you mention the POFA 2012 Schedule 4, which protects only keepers.


I would amend the template:






.................................................................................................................................................................POSTAL address & date here



Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as driver 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 a disguised penalty and not commercially justified.
b). Regarding the signs; your wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.
c). There is no evidence that you have any proprietary interest in the land.
d). I telephoned and your employee admitted that the Attendant had written down the incorrect location reference on the ticket, which says 'location ref 1187'. Your employee admitted this location does not exist and has been written on the ticket in error. Clearly this is not a PCN that meets the already low standards required in the BPA Code of Practice.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, as driver, is denied.

The purpose of this communication is threefold:

1. Formal challenge
I strongly urge you to uphold this challenge now or alternatively, send a rejection letter - subject to accepting my claim for costs as clearly stated below, since you have no case. I will then escalate this appeal to POPLA.

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 PCN, telephoning you and wasting my time in 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 contract' from you was ever expressly requested by me. I did not give 'prior express consent' or any consent at all for any contract to exist and it is not for me to pay an extravagant sum just because you chose to foist unexpected and non-negotiated onerous terms upon me without negotiation of a contract face-to-face. This 'contract' is hereby cancelled and any obligations now end. If I decide to use POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies.

You have failed to provide the required information for consumer contracts in a 'durable medium' in advance and you have failed to obtain 'express agreement' from me as driver before concluding your alleged contract. This is a form of specific consent which cannot flow from a sign and it seems AOS members have not considered the new Consumer Contracts (Information and Cancellation) Regulations which applies now to every EU consumer contract, save for a few exemptions, which parking contracts are not. It is the will of Parliament following the EU Consumer Rights Directive, that consumer contracts from 13th June 2014 are clearly offered and express consent is obtained - not implied consent - in order to reach a level of consistency whereby foisting of contracts like this on consumers by stealth, is a thing of the past.

By replying to the challenge, you will also be acknowledging receipt, understanding and acceptance of points 2 and 3 above. If you do not now cancel, then I will be put to unnecessary expense and hours of time in appealing or defending this matter. As such, you will be liable for my costs which are likely to exceed £100 if you ignore the fact I have cancelled the contract, should you now proceed to POPLA and/or small claims court.

Only reply with a rejection letter if you understand and accept your future liability, since I have already openly indicated the main points of appeal and have pointed out that your contract breaches current UK Regulations and that I have cancelled any contract that you may think exists.

Where sent by post I have obtained proof of posting. Where submitted online/by email I have kept a copy and this communication is clearly received by you unless proved otherwise. I look forward to your considered reply within 35 days and urge you to accept the drop hands offer and accept that I have cancelled any 'contract' because this resolves the dispute without cost.

Yours faithfully,


{the registered keeper's name}

ADD A SQUIGGLE IF POSTING IT - NO NEED TO USE A REAL SIGNATURE

sterowe

Thanks coupon mad, I'll knock that email up tonight and send it over to the ppc pronto.
Cheers for responding so fast, if i need anymore help I'll post back here.