PPC ignored appeal & went straight to debt collection

EisaAli

I received a penalty from a PPC. I submitted my response within 28 days. I did so by email.

I didn't receive any response. Instead I received a letter from a debt recovery company. They didn't give me a chance for popla they didn't even acknowledge my response. I used a template here for my letter. What then is my next step considering they have ignore my right to appeal completely.
I don't know whether to write to the PPC or the debt recovery firm.
Any help or advice would be appreciated. Thank you.

This is what I wrote:

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.

Your clients should be thoroughly ashamed of the shoddy way you treat consumers visiting their premises. The landowner will be made fully 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. Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. Your ATA may offer sound-bites about driving up standards or fight for motorists' rights but in reality they are not a regulator; they merely exist to represent the interests of paying members, in order to gain access to DVLA data. The public have no faith in the private parking industry and, as far as I have seen, your firm has not shown itself to be any different than the ex-clampers with whom you share a membership.

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,

Marktheshark

I have an easier Version.

On the date XXXX you were sent an appeal to parking charge notice XXXXX
Here is a copy of that appeal
You have chosen to completely ignore said appeal
Under POFA 2012 keeper liability relies upon having access to an appeal.
You have refused that access and therefore the keeper now serves notice that they are no longer liable under keeper Liability of POFA 2012.
Howver as POFA sets no time limit on hearing of appeal the offer to hear and judge the appeal must remain open until my death.
Your call.

Redx

if this PPC are in the BPA, send a complaint email to s clark , due to the breach of the BPA CoP , that is in addition to the above

Umkomaas

By which method(s) did the NtK say that the initial appeal should be made?

nigelbb

Marktheshark wrote: »

I have an easier Version.

On the date XXXX you were sent an appeal to parking charge notice XXXXX
Here is a copy of that appeal
You have chosen to completely ignore said appeal
Under POFA 2012 keeper liability relies upon having access to an appeal.
You have refused that access and therefore the keeper now serves notice that they are no longer liable under keeper Liability of POFA 2012.
Howver as POFA sets no time limit on hearing of appeal the offer to hear and judge the appeal must remain open until my death.
Your call.

POFA does not demand an appeals process at all for the NTD/NTK to be valid. It only demands that IF there is an appeals process that it must be described. PPCs don't have to offer an appeal.

EisaAli

The NTK allowed for an email appeal. I submitted it and they promptly ignored it.

EisaAli

I will also contact the BPA to complain.

EisaAli

Also the company is called Private Parking Solutions

Redx

in that case complain to the BPA and attach copies of all paperwork or emails so far

Gleneagles-njh

Help Please.
I to received a letter/PCN from UKPC I ignored it and ended up appealing after the 28 days. I also received a letter from Debt Recovery Plus. I sent a copy of my appeal to DRP. DRP have now responded and have said my appeal is to late and to pay up. My appeal letter is the same as EisaAli
any suggestions on what I should do next. the demand is for £180

Fruitcake

Gleneagles-njh wrote: »

Help Please.
I to received a letter/PCN from UKPC I ignored it and ended up appealing after the 28 days. I also received a letter from Debt Recovery Plus. I sent a copy of my appeal to DRP. DRP have now responded and have said my appeal is to late and to pay up. My appeal letter is the same as EisaAli
any suggestions on what I should do next. the demand is for £180

Please read the Sticky thread for NEWBIES and then start your own thread, not hijack someone elses. That way you will get individual help rather than confuse who is replying to whom.