Capital 2 Coast FCN - False Claim

southcoast.anon

Hi all,

I've had a read through the newbies sticky threads on here and this situation seems a bit weird and doesn't conform to the norms, so I thought I'd seek some advice.

I received a Fixed Charge Notice from Capital 2 Coast a week or so ago claiming that they've affixed a Fixed Charge Notice (Notice to Driver) on the window of the vehicle. As the keeper of the vehicle I have no evidence that such notice was ever affixed to the windscreen from the driver at the time, and the photo that they have provided as "evidence" in their FCN shows the vehicle from the rear and provides no view of the front. C2C also claim that this is a "randomly" selected image ... convenient!

I can message people the FCN as the website won't let me upload them

So was wondering how I go about fighting this? Is the FCN even valid if they're making false claims of an initial FCN affixed to the windscreen?

Finally as C2C aren't party to POPLA, I could potentially have to go to IPS which by the sounds of things is as much use to us as a chocolate fireguard!

Any help or advice I go about this would be appreciated. Their self applied 21 days to appeal is running out. I really don't feel that paying them is justified!

Thanks in advance!

Guys_Dad

Well, what was the timescale between the claimed windscreen ticket and date on the letter?

Did you, in fact, contravene?

You will see that you need to appeal and a lot will depend upon the signage at the parking place.

Try this
"I acknowledge receipt of your contractual charge sent to me as registered keeper of vehicle xxxxxx.

At this stage, I am unable to ascertain who was driving when they parked the vehicle. As your letter states that, under these circumstances, liability for any charge, under Protection of Freedom Act 2012, passes to me as the registered keeper.

In order for me to consider this as a "contractual charge", then your letter is in effect an invoice for a service received from you. In that event, you must follow the law and supply me with an invoice that complies with Government legislation as laid out in the government requirements here https://www.gov.uk/invoicing-and-tak...y-must-include

In particular, I draw you attention to the requirements for a simplified invoice of this amount which clearly states that if your company is VAT registered, you must provide me with your VAT registration number, your full business address and the rate at which VAT is being charged or a statement that the service for which you seek payment is VAT exempt. This is in addition to the requirements for all invoices, again covered in the link I provided in (3) above.

I run a business and am able to reclaim all business costs and I require this for my own VAT records as VAT, if applicable, is reclaimable.

Without a compliant invoice, I would be unable to consider the matter further and await a revised invoice.
.
In addition, there is one other point I would like clarification on if you decide not to cancel this charge. It has been reported to me that the landowner's agreement with you on this site has certain limited rights at this site to pursue motorists for charges and restrictions included in the contract you have with them. As you are not the landowner, I think it only reasonable that you provide me with evidence that you do have the legal right to make contracts and charge motorists at this site and I would ask sight of any contract that confers that right upon you.

Again, this is required before I am able to consider this matter further.

I look forward to receiving the information and clarification in due course.

For the sake of clarity, and for appeal purposes, I would prefer that this be considered as a request for further information but should you choose not to supply me with the information I have asked, then please treat it as an appeal for IPC/IAS purposes.

southcoast.anon

Thank you for the reply.

The date from the incident to the FCN coming through the post is around 35 days. So within time I think.

I suspect that the vehicle may have contravened, but I can't be say for certain.

But again the issue boils down to no ticket being affixed to the windscreen in the first place.

The_Deep

A few years back my daughter was issued a council windscreen ticket. It was not there when she returned to the car. It was a stormy night and it could have been blown off, it could have been removed by a misguided well wisher, or a prankster. It could even not have been planted by the council chap.

The first both of us knew about it when I received an RK demand. I pleaded mitigation and paid the lesser fine.

I know that this has nothing to do with your situation, but tickets sometimes do go AWOL.

Guys_Dad

southcoast.anon wrote: »

Thank you for the reply.

The date from the incident to the FCN coming through the post is around 35 days. So within time I think.

I suspect that the vehicle may have contravened, but I can't be say for certain.

But again the issue boils down to no ticket being affixed to the windscreen in the first place.

The fact it wasn't there when you returned doesn't mean that it wasn't affixed in the first place - at least that is what the PPC will say.

You could inform the IPC and if sufficient complaints are received to show this is not a one off- some action may be taken, but I don't think it will help your case.

You could add to my suggested wording above a paragraph saying no windscreen ticket was there and please send addition photos to prove a contravention, but there are reported instances of PPCs showing pictures of tickets on windscreens only for them to have mysteriously disappeared by the time the motorist returned.

Coupon-mad

southcoast.anon wrote: »

Thank you for the reply.

The date from the incident to the FCN coming through the post is around 35 days. So within time I think.

I suspect that the vehicle may have contravened, but I can't be say for certain.

But again the issue boils down to no ticket being affixed to the windscreen in the first place.

Don't over-think it. Just send an appeal that doesn't ID the driver, and ask for all photos evidence and a copy of the PCN they allege was served on your vehicle. Guy's Dad's version plus a request for a copy of the PCN and all photos they rely upon, will do the job.

The_Slithy_Tove

southcoast.anon wrote: »

But again the issue boils down to no ticket being affixed to the windscreen in the first place.

No it doesn't. That is just a minor, superficial point. Do not stake your case on this, but more on the details and manner of the contract they allege the driver entered into.