Help please

AMBERSHADOW

Thank you for being so patient .. Merry Christmas

Redx

yes, its an NTK pcn invoice, a notice to keeper trying to make them liable for a perceived transgression on private land

as RK its up to you to deal with this speculative invoice that arrived by post , promptly and within the allowed timescales

AMBERSHADOW

Redx wrote: »

yes, its an NTK pcn invoice, a notice to keeper trying to make them liable for a perceived transgression on private land

as RK its up to you to deal with this speculative invoice that arrived by post , promptly and within the allowed timescales

I have donei it online and just sent ... I just hope they cancel it

AMBERSHADOW

Oh dear its more than 3,000 words hahaha

AMBERSHADOW

Notice in the post on the 8th December 2014 I challenge this 'PCN' as keeper of the car, on 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 that 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 that you have any proprietary interest in the land.
Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied. On the date in question the driver of the vehicle was picking up an Employee !
Your clients should be ashamed at the way they allow you to treat consumers visiting their premises. The landowner will be made fully aware of this matter and your response, which I will forward to their CEO when I complain in writing and via social media, as appropriate.
The purpose of this communication is:
1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you 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.
2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for researching the law and responding to your junk mail dressed up to impersonate a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15. 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 out-of-pocket expenses and damages for harassment.
3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. 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. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every 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 express consent is obtained for consumer contracts now - NOT IMPLIED CONSENT- and that information is provided in a durable medium in advance.
You have failed to meet these requirements. The foisting of unexpected contracts like this on consumers, by stealth, is a thing of the past.
By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. If you decide to persist with this unwarranted threat, 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 and a pre-estimate of my loss - and in contrast with yours, mine is genuine - is that this sum will be likely to exceed £100.
I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.
Yours faithfully,


Can you just look over this please and tell me what to delete? as its too long for the comments online

Fruitcake

I wouldn't bother with this, but surely you can edit this yourself, or write your own appeal. It's not much different to writing a letter of complaint where you wouldn't have a template to crib from.

Your clients should be ashamed at the way they allow you to treat consumers visiting their premises. The landowner will be made fully aware of this matter and your response, which I will forward to their CEO when I complain in writing and via social media, as appropriate.

Alternately, is there therw a way you can put the headings in and then add the whole document as an attachment?

AMBERSHADOW

Ok done and sent thank you to all for your help

AMBERSHADOW

Just to let you know I sent the template via the website, and today I have had reply via email from Parking eye advising me the charge has been cancelled...


Thank you to all and Merry Christmas

Coupon-mad

Well done - Merry Christmas!