Need help! Received parking charge notice to keeper

BUDDER

Sorry, one more
Second page: i9.photobucket.com/albums/a80/c3838/08d84e0a-395a-4d15-9825-826a7b456d5d_zps766637ab.jpg

Fruitcake

Second page: http://i9.photobucket.com/albums/a80/c3838/08d84e0a-395a-4d15-9825-826a7b456d5d_zps766637ab.jpg

Coupon-mad

Send the usual template appeal from the Newbies thread. That's a Notice to Keeper (first time I have seen NCP send one like that and there appears to have been no windscreen ticket). So to send a NTK now, is too late for keeper liability = you win at POPLA. And it's possible they have no ANPR photos = no audit trail with the DVLA, so not a properly issued 'postal PCN'.

Add to the first appeal, a request for photo evidence of the alleged contravention by the driver.

And add a sentence that the driver did not park, merely drove round looking for a space and had to leave as there was no space to park.

DO NOT ADD ANYTHING ELSE, NOTHING THAT IMPLIES WHO THAT DRIVER WAS!

BUDDER

Thanks Fruitcake and advices from Coupon-mad.
They said it is NTK however on the second page they mentioned it is the PCN. That's why makes me confused.
I'll try to draft an appeal and post here. Please any of you help me to double check it later.
Thank you to all of you again.

BUDDER

Good evening. Here is my draft and please any of you give me the advice after reading it.

Just want to make sure, I need to send the appeal on day 21 after their posting date or immediately?
Send the appeal to the web site which written on the letter (at the bottom of front page)or to NCP?
Thank you so much.

Dear Sir/Madam

PCN Ref: aabbccc

I challenge this 'PCN' as keeper of the car, on these main 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 POFA2012 and breaches various consumer contact/unfair terms Regulations.
e. There is no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.
f. This is not a 'parking ticket'. It is an unsolicited invoice with as much merit as the publicly.
g. Car parking was restricted due to more than 15 spaces being closed for tree surgery. The driver did not leave the vehicle, but only drove around looking for space and drove off without success.
h. No visual evidence of alleged contravention provided in the letter to support my vehicle was parked in the bay. The onus falls to you to provide sufficient evidence to prove that the claimed breach the term and conditions took place. I urge you provide any photographical evidence (including parking and leaving time) of the alleged contravention by the driver.

Your clients should be thoroughly ashamed of the way you treat consumers visiting their premises. The landowner will be aware of this matter and your response, which I will forward to their CEO when I complain in writing and go to public as appropriate.

The purpose of this communication is:

1. Formal challenge
There will be no admission as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA2012 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
I calculate that we have both incurred some nominal costs. It is clear that both of our costs, at this point, do not exceed £15. 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 out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
I hereby give notice of withdraw from this alleged 'contract' which was never properly offered or explained by you. This 'contact' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, 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 exemption 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 point 2 and 3 above. If you decide to persist with this unwarranted threat,I will be put to unnecessary expense and hours of time 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.

Your faithfully,

(Registered keeper's name)

Umkomaas

f. This is not a 'parking ticket'. It is an unsolicited invoice with as much merit as the publicly.

Something missing here.

g. Car parking was restricted due to more than 15 spaces being closed for tree surgery. The driver did not leave the vehicle, but only drove around looking for space, without success. At this point it was necessary to vacate the car park. No 'parking' took place.[STRIKE]and drove off without success.[/STRIKE]

The landowner will be aware of this matter and your response, which I will forward to their CEO when I complain in writing and go to public as appropriate

Not sure what you mean.

Coupon-mad

Send the appeal to the web site which written on the letter (at the bottom of front page)or to NCP?

Send it to both if it's not clear where to send an appeal. You cannot assume email is OK to use email to appeal, if it's not stated.

BUDDER

Thank you Umkomaas. Here is the second draft after your advice.

Dear Sir/Madam

PCN Ref: aabbccc

I challenge this 'PCN' as keeper of the car, on these main 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 POFA2012 and breaches various consumer contact/unfair terms Regulations.
e. There is no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.
f. This is not a 'parking ticket'. It is an unsolicited invoice with as much merit as the publicly-derided £100 taken unlawfully from customers by a dingy Blackpool Hotel.
g. Car parking was restricted due to more than 15 spaces being closed for tree surgery. The driver did not leave the vehicle, but only drove around looking for space,without success. At this point it was necessary to vacate the car park. No 'parking' too place.
h. No visual evidence of alleged contravention provided in the letter to support my vehicle was parked in the bay. The onus falls to you to provide sufficient evidence to prove that the claimed breach the term and conditions took place. I urge you provide any photographical evidence (including parking and leaving time) of the alleged contravention by the driver.

Your clients should be thoroughly ashamed of the way you treat consumers visiting their premises. The landowner will be 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 admission as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA2012 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
I calculate that we have both incurred some nominal costs. It is clear that both of our costs, at this point, do not exceed £15. 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 out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
I hereby give notice of withdraw from this alleged 'contract' which was never properly offered or explained by you. This 'contact' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, 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 exemption 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 point 2 and 3 above. If you decide to persist with this unwarranted threat,I will be put to unnecessary expense and hours of time 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.

Your faithfully,

(Registered keeper's name)

hoohoo

Make g your first point

BUDDER

Coupon-mad wrote: »

Send it to both if it's not clear where to send an appeal. You cannot assume email is OK to use email to appeal, if it's not stated.

Coupon-mad, I read the Newbies post that "keeper could appeal within 28 days after the notice issue" and "appeal after around 21 days as the keeper"
I checked the calendar that day 21 is X'mas eve and day 28 is New Years Eve. Do you think I should send the appeal on or before day 21? (I am so lucky I need to use email and letter to appeal )
Thank you so much.