Ukcps window ticket

NOTavictim

Hi, been reading through forum since got Parking notice. Hard not to panic in the meantime but have now got NTK. I have copied my letter of appeal bleow and would appreciate a critical eye, just in case I'm actualy making things worse. thanks in advance Ms upforit












I the keeper, would like to appeal against the parking charge of £100.


TD (the driver) uses this car park roughly 6 times a year and always pays. As a result of the Local authority waiving parking fees over the Christmas period, TD did not pay on this occasion. TD didnt realise this was a private car park, due to it being fully dark at that time, there being no lighting to the park to make the very small signs visible. Can I say TD wasnt too pleased with how the PCN was placed on the windscreen. Folded up very small and placed over the cars old tax disc holder. Not visible from inside the car at all. TD goes to work and returns in darkness at this time of year, and had it not been spotted by a neighbour 6 days after issue, it might still be there.






The driver is hoping this appeal might be ok with you. The car isnt worth a hundred quid!


Anyway, thats it. I've included in the appeal a standard appeal letter below.


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.


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, ........ ........ (keeper of vehicle )

The_Slithy_Tove

You claim that the notice is not compliant with POFA (which is probably the case), then go on to say that the PPC must "rely on POFA". Don't give them that option, as you've already claimed they can't use it.

NOTavictim

The_Slithy_Tove wrote: »

You claim that the notice is not compliant with POFA (which is probably the case), then go on to say that the PPC must "rely on POFA". Don't give them that option, as you've already claimed they can't use it.

thank you for your reply ST.


I've just copied the whole appeal template from the newbies thread from coupon mad. Do I need to alter it? I hope to post it off this week. Ps I am no expert on this sort of thing.


thank you


ps somehow I seem to have posted a duplicate thread half an hour apart. I shall leave it as others have been good enough to contribute