A few letters

emilycharlotte

Hi


I've received a couple of PCNs through the post from Parking Eye- they are dated 4 days apart but are from the same car park. The shame is that these were received on a company vehicle and I therefore have less protection as I have to name myself as driver. Question is, can I address both instances in one letter or do I have to write separately for each occasion?


Thanks for help in advance.

ezerscrooge

You just class yourself as the 'keeper'. Do not out yourself as the driver.

You use the standard template but it needs to be shortened as the PE upload only allows 3000 characters max. Each ticket is appealed seperately.

I guess is was a free car park? and they used ANPR to get you? If so use the special template below. The record ion this is 4 successful appeals at the same time.

____________________

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) There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied


f) 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



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 the driver or by me. Neither the driver nor myself gave 'prior express consent' or any consent at all for any contract to exist. This 'contract' is hereby cancelled and any obligations now end
This constitutes the entirety of my challenge and nothing further will be added. You must now, within 35 days, EITHER (i) accept my challenge and notify me that the charge is cancelled, OR (ii) reject my challenge, send me a PoPLA code, and suspend any collection activity pending my PoPLA appeal
This is submitted online so I have kept a copy and this communication is clearly received by you unless proved otherwise. I look forward to your 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

_______________________

emilycharlotte

Hi there


The vehicle that I drove is owned by the company I work for. The letters were received by my company as they are the owners of the vehicle and my company then passed the letter to me as I was the person driving the vehicle at the time. The vehicle is kept at my home address but I don't believe that makes me the registered keeper as the letter was sent straight to work.


I will appeal each PCN separately- thanks for clearing that up.


They did use ANPR, thanks for pointing that out- I will be adding section f) to my letter.


Thanks

Bobbydazzler

Can I take it that you will be the person reponding to the PCN's?

If that is the case I'm sure ezerscrooge's advice is more than valid

Just fill in your details on the soft appeal above and not your companys. For all they know you may be the person who looks after the company fleet or even the CEO. I'm sure once they receive your appeal and realise it is from this forum,they will drop it like a hot iron. They know the experts here will support you all the way and they would rather save money than pay for a PoPLA appeal they know they will lose