PCN fine recieved at Hampstead Hospital £60

mercedes2014

please can someone help- i parked in royal free hospital car park and went over by a couple of hours - i was visiting my mum in hospital

Do i have to pay this fine?
is there a letter template i can write pls help:(:(

BenefitMaster

mercedes2014 wrote: »

please can someone help- i parked in royal free hospital car park and went over by a couple of hours - i was visiting my mum in hospital

Do i have to pay this fine?
is there a letter template i can write pls help:(:(

1) ITS NOT A FINE.

2) Please read the NEWBIES thread.

mercedes2014

can i use this whole letter below as the 1st letter writing to Parking Eye?



Bloggs PPC
Anystreet
Anytown Yes you need your POSTAL address of course!
Date


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 a disguised penalty and not commercially justified.
b). As keeper I believe that the signs were not seen, the 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). Your 'Notice' fails to comply with the POFA 2012 and also breaches the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013.
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 prove beyond any doubt who was driving - or cancel the charge. 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 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 contract' from you was ever expressly requested. Neither the driver nor myself gave '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. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or 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 Consumer Contracts (Information and Cancellation) Regulations which apply 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 independent appeal 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 which were introduced in 2014 to protect consumers in a consistent manner. I have also cancelled any contract that you may think exists. If you choose to refuse my drop hands offer, you accept liability for my expenses and time wasted on repeating my points at further appeal stage and in court if necessary.

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}

Fruitcake

The initial appeal will be rejected so I would suggest the letter is fine exactly as it is.

mercedes2014

1.When you say rejected do you mean they will not charge me or reject my letter and still ask for payment ?

2.This will be my first letter to parking eye so it's definitely ok to send this letter

Thank you in advance

ezerscrooge

Yes, use the whole template (edited with your details and PCN number etc.)

F-Cake means they will reject your appeal and issue you with a POPLA code. They'll also make all sort of threatening sound-off in their rejection letter.

Then again, PE are cancelling the charges lately on sight of a forum appeal. But even if they don't, you'll win at POPLA with help on here.

Worry not, you'll be paying them nowt.

mercedes2014

Do I need to provide evidence (ticket )that I paid for parking and enclose with letter or just send off this template letter ?

Thanks again

Coupon-mad

Hmmmm...if you have read the Newbies thread you will know why should you not say 'here is evidence (ticket ) that I paid for parking':

http://forums.moneysavingexpert.com/forumdisplay.php?f=163