Ukpc - sorry another question

debs1505

hoohoo wrote: »

This alters nothing. Do they also work at the centre?

Yes they do.

Also, there are certain car parks that have no cctv! (Info given by one of the centres police)

debs1505

hxxp://farm8.staticflickr.com/7252/7139726407_69eb5e9a7f_k.jpg

This is the sign that's up on the wall (I've changed http as advised as I cannot post links yet)

Umkomaas

http://farm8.staticflickr.com/7252/7139726407_69eb5e9a7f_k.jpg

Coupon-mad

debs1505 wrote: »

A wee bit more info guys and I'm wondering if it will make any difference to advice given and the procedure to take.
One of these notices has already been issued to one of the family at the same address from the same car park. Different car. This was paid within 14 days as we knew no different then. (I didn't know about it hence why I didn't mention it previously)

Does this alter anything?

Thanks

That person should register with Michael Green of 'Challenge the Fine', just give him an email address and this year he is hoping to get enough interest to force refunds:

http://www.challengethefine.com/index.php

Click the 'down arrow' at the bottom of that screen and read about his campaign and how to add their email to his list of claimants. Nothing for that family member to lose, in doing so. We know Michael is genuine.

debs1505

Ok guys, the NTK has arrived! I'm having a blonde moment - which template do I use please?! I'm easily confused and although I've read the newbies thread I'm not sure - sorry

ezerscrooge

Just the normal appeal. UKPC are cancelling the charges at the moment when they see a forum appeal.

[FONT=&quot]I challenge this 'PCN' as keeper of the car, on the following grounds:[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]a) The sum does not represent a genuine pre-estimate of loss. It is a disguised penalty and not commercially justified[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]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[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]c) There is no evidence that you have any proprietary interest in the land[/FONT]
[FONT=&quot]d) Your 'Notice' fails to comply with the POFA 2012 and also breaches the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]e) Your ANPR is not maintained or in correct working order. Furthermore the system is not operated in a reasonable, consistent and transparent manner[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]The purpose of this communication is threefold:[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]1. Formal challenge[/FONT]
[FONT=&quot]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[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]2. ''Drop hands'' offer[/FONT]
[FONT=&quot]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 cost[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]3. Notice of cancellation of contract[/FONT]
[FONT=&quot]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 I decide to use 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 Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. It is the will of Parliament that express consent is obtained for consumer contracts - not implied consent - and that information is provided in a durable medium in advance[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]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[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]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[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days[/FONT]

debs1505

Thank you ezerscrooge
I'll copy the PCN etc to enclose with the letter and then I guess I post it to the Ukpc appeals address on the 'payment' slip in Middlesex or can I send via email? Do I need to change any of the wording? Sorry for being so dim

Deb

Redx

debs1505 wrote: »

Thank you ezerscrooge
I'll copy the PCN etc to enclose with the letter and then I guess I post it to the Ukpc appeals address on the 'payment' slip in Middlesex or can I sent via email? Do I need to change any of the wording? Sorry for being so dim

Deb

YOU have the paperwork, not us

on that paperwork it will tell you how to appeal or make contact with them , read it , do so , its that simple

no point asking us how this PPC require appeals as we are not the PPC

THE PAPERWORK SHOULD MAKE IT CLEAR HOW TO DO SO, IF IN DOUBT, SEND BY SNAIL MAIL WITH FREE CERTIFICATE OF POSTING FROM THE POST OFFICE

all these companies accept snail mail and it also creates a paper trail if it ever goes to court, so when in doubt , use it (if you can do both, then do both - if its online like PE , do it online and take a screenshot)

as for what to use, use what he said, he wouldnt have posted it otherwise , so why ask him if you should send what he has told you to send ?

debs1505

Thanks redx. I only asked about word changing as there are a lot of threads where it has been recommended that wording is altered. Also, I have read the paperwork, but again I have read threads where it is recommended that posting is the preferred option against emailing. Thanks for responding, appreciate your time

Redx

if you are appealing to a PPC then you either use the template appeal in the NEWBIES sticky thread untouched

or you remove any "rant" part and send the rest of the template appeal, leaving in all the relevant legal arguments etc

I think ezer cut it down for you, making it smaller and no rant , to save you the bother

use whichever you wish

then follow the paperwork already given using the appeal methods they give

its not hard if you follow the basics , its when people try to get clever and then give away info they should not give that it gets more complicated

bear in mind this is the PPC appeal, the part after that is much more complicated and needs more input from the OP (yourself) , assuming you are following it through, and assuming they dont cancel it

if its too complicated for you , then pay for a service that does it for you , same as you would in other topics like car servicing etc

check parking prankster for such a service , or parking cowboys