help I'm struggling with pcn draft

julesrules67

my partner (registered keeper) recieved a pcn from parking eye crown wharf walsall on thursday. we did not see the signs for pay and display until we had been there for 40 mins and as the shop i had visited hadnt got what i wanted we left. how do i appeal this? i have read the threads and seen a flow chart and added a comment to someone elses thread and told not to do that and i STILL cant find a draft letter to email to parking eye. this is my 3rd day on here, i dont understand the legalities of my argument not to pay so i cant draft a letter myself. i have done what everyone has said ie read the newbies thread and digest it i just must be particularly thick!! if i cant find a draft by tonight i feel like i will have to pay as £85 is so much worse than £50. please be kind to me i had to google what a sticky post was??? if you ask me anything about foundation phonics Im your gal but this has me stumped and nearly in tears thick or not!

ezerscrooge

Edit this and post it on PE's appeal website (it is under 3000 characters so will fit)... I am assuming you've had a NtK through the post.

_________________
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. 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) Your ANPR is not maintained or in correct working order. Furthermore the system is not operated in a reasonable, consistent and transparent manner


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


2. ''Drop hands'' offer
I calculate that we have both incurred some nominal costs - under £15 – so 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

julesrules67

thank you thank you thank you! i will do that now :j:T:)

ezerscrooge

Note the changes - it was a template for a free car park so I've removed the consideration bits and updated the posting.

julesrules67

ok thanks do i need to take the "threefold" bit out as im only making 2 points? thanks for your help!

ezerscrooge

yep, replace it with twofold.

Coupon-mad

You read the newbies thread and couldn't find the first appeal? What?! All you had to do was cut it down to fit the word count appeal box for PE (which is what ezerscrooge has done - you could have done that!). I am determined NOT to reduce the size of the template appeal just because people can't fit it in a poxy appeal box. Your thread has made me resolve not to change it at all, in fact I might add more to it or delete it as I can't believe people can't write a challenge.

Don't they teach people how to write letters these days (rhetorical question, I work in a school and I know they do).