TPS NtK received

BunnyShavingExpert

Hi...
So I've received the NtK from TPS and I am about to send the response as per the suggested template
Which starts as follows:
"Date

Dear Sirs

Re: PCN No. ....................

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 POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was 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."

Is there anything in the template that is specific or needs any editing? It does state that it suits all situations but I want to be absolutely sure I haven't missed anything, as there is so much info on here that one needs to take in whilst preparing a response.

Also, TPS has an online appeals page - has anyone on here had experience of using this template on their appeals page?
I don't want to start through that process which asks for registration and PCN reference on the first page, only to find myself somehow scuppered on later steps and unwittingly agree to some part of their process which undermines the appeal.

Thanks for all the efforts people have put into this forum and helping the rest of us step through these minefields!

Coupon-mad

Is there anything in the template that is specific or needs any editing?

No, only if the words don't all fit in the submission box (which happens with Parking Eye) and I just tell people to cut out some of my waffle. Even if you've never had a fake PCN before, you can see which bits of my suggested first appeal are waffle! Here's a very short example I just re-wrote for someone, by contrast:

https://forums.moneysavingexpert.com/discussion/comment/67337766#Comment_67337766

HTH, this is simpler than you think!

BunnyShavingExpert

So, original appeal rejected (no surprise there), next stop POPLA...

I read through the list of links to templates for specific companies, but there didn't seem to be one for TPS, so is there a template which does suit them?

Thanks!

BunnyShavingExpert

...anyone able to give me any suggestions please?

Thanks.

bod1467

Just find one that suits your circumstances ... all POPLA appeals are generally the same.

BunnyShavingExpert

All done and dusted thanks to the templates on here and the flow-chart to guide through the process...

Thanks everyone who puts the effort in to help us out of these potentially sticky situations!!!

Umkomaas

BunnyShavingExpert wrote: »

All done and dusted thanks to the templates on here and the flow-chart to guide through the process...

Thanks everyone who puts the effort in to help us out of these potentially sticky situation!!!

I've made my comments on the 'Decisions' thread. Look forward to seeing your response! :rotfl: