UKPC Appeal Process

TheDirector

When appealing online there is a form to complete and there is a section which says 'I Am a ' and you need to choose either Driver, Registered Keeper or Other. Any thoughts on this? Presumably, one would choose Registered Keeper given that the N2K was sent to the keeper.

Also there is a section on the website called legalities which emphasises the need to pay and warns against taking advice from online forums. It has a list of cases where people got CCJs for non payment of these charges. Furthermore, it talks about people claiming not to be the driver in court, which could mean a person is commiting perjury. Are these things to be worried about if someone is appealing on the grounds outlined in the template appeal letter?

Thanks.

TheDirector

One more thing, in order to appeal online you have to use their online form. The section within the form where you explain your reasons for appeal states you cannot use more than 2000 characters! Well the template letter is more than 4000. It transpires that even if you go ahead and paste it in despite the warning regarding maximum number of characters, the submission of the form is rejected once the submission button is pressed due to the fact it is more than 2000 characters. It would seem therefore, that one cannot appeal online using the template. Has anyone else experienced this?

pogofish

Have you read the Newbies Sticky yet?

TheDirector

yes, I have. However, in respect of submitting an appeal, the template letter is too long according to UKPC. Any advice on this?

pogofish

Simply attach it as a PDF or Word file.

Although personally I would always use mail and get proof of posting to preserve the paper trail.

Coupon-mad

TheDirector wrote: »

yes, I have. However, in respect of submitting an appeal, the template letter is too long according to UKPC. Any advice on this?

Cut it down a bit then - I deliberately have not done so in the Newbies thread because I think people should use their own version - it doesn't fit the PE online appeals box either, LOL! Personally I do hate templates so maybe that's my way of making people DIY; I only wrote it because so many people can't write a flippin' letter on here. We even get people asking if they need to add their address on it if posting it snail mail (do they not know how to set out a letter?).

Any way as for the lies about court:

http://notomob.co.uk/discussions/index.php?topic=2854.0

All 2009 claims, all Manchester and none of the amounts are right for a Parking Charge case. Could be anything. UKPC don't 'do' Court - very rare - and although I have written a defence for one person, nothing came of it to my knowledge and I haven't seen them take a case to a hearing in an English court. We get the Court listings so we would know.

By the way on this forum it's soooo much easier, please, to stick to one thread throughout.

TheDirector

Thanks a lot. Will this do:

I challenge this PCN as keeper of the car on the following grounds:

- 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
- As keeper I believe the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent
- There is no evidence you have any proprietary interest in the land
- Your 'Notice' fails to comply with the POFA 2012 and also breaches the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013
- There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied

Purpose of this communication:

1. 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.

2. The parking charge is baseless but you may have incurred nominal costs. Equally, I incurred costs for researching law, reading your Notice and responding despite a lack of contract. I calculate both my costs and yours to be under £15, therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the charge within 35 days without further expense and I will not pursue you for my costs. If you persist I will charge in full for my time at £18 per hour plus my expenses.

3. 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.

I urge you to accept the drop hands offer and accept that I have cancelled any 'contract' because this resolves the dispute without cost.

Coupon-mad

Yep that will do nicely, reads fine.

TheDirector

Coupon-mad wrote: »

Yep that will do nicely, reads fine.

Great. In respect of sending a separate copy in the post, shall I just send this abbreviated version or is it worth sending the a more comprehensive one? Do the online and postal appeals need to be identical?

Thanks for your help.