Parking ticket for "leaving site"...

NoddyVanMan

Fair enough, I see your point. You think it's better to stick to the GPOL and not make any mention of being a customer at all?

How does this sound instead:

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. The parking is free, so there was no “loss” for you to suffer beyond that you have generated yourselves; for which I am not liable.

Many thanks.

NoddyVanMan

Evening all,

Right. Second draft. Edited as suggested, and I've decided not to include the rant bit.

If this looks all right I'll get it in the post tomorrow.

Mrs. NoddyVanMan,
My house,
Sunny Kent.

29th March 2015

Dear Sirs

Re: PCN No. 1xxxxxxxxxxxx
Registration ABC 123

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. The parking is free, so there was no “loss” for you to suffer beyond that you have generated yourselves; for which I am not liable.

b). As keeper I believe that the signs were not seen, the wording is ambiguous, any that laid out the requirement for remaining on site were much less conspicuous than those proclaiming “Two Hours Free Parking” 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). If the driver was spotted leaving the site, no attempt was made to warn them of the consequences of doing so, thus your duty to mitigate was overlooked in your zeal to impose a ticket.

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 - 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,

Mrs. NoddyVanMan.

All the best, NVM.

SevenTowers

Looks good, but you will win on point A alone. Get it sent off.

bod1467

SevenTowers wrote: »

Looks good, but you will win on point A alone. Get it sent off.

You can't guarantee a win on this at this stage ... this is a PPC appeal not a POPLA appeal.

NoddyVanMan

It's printed out and in the envelope... Will hit the post in the morning.

Many thanks.

Another wait to see what happens will begin I suppose!

All the best, NVM.

Redx

do so at the POST OFFICE, with free certificate of posting (it will cost you a first class stamp) and keep this as proof that you appealed and when

do not just stick the appeal in a post box !

Coupon-mad

But UKPC have a decent appeals web-page as long as you avoid the trap they set...the drop down menu defaults to 'driver' and CHANGES back to that if you try to enter too many words in the appeals box.

I would just bung in about 4 sentences online and take a screenshot as proof.

NoddyVanMan

Redx wrote: »

do so at the POST OFFICE, with free certificate of posting (it will cost you a first class stamp) and keep this as proof that you appealed and when

do not just stick the appeal in a post box !

Done. Posted and certificate obtained.

Coupon-mad wrote: »

But UKPC have a decent appeals web-page as long as you avoid the trap they set...the drop down menu defaults to 'driver' and CHANGES back to that if you try to enter too many words in the appeals box.

I would just bung in about 4 sentences online and take a screenshot as proof.

I thought about doing it online, but it's bad enough that they have been able to obtain our address, without handing them email and IP details on a plate too.

Thanks anyway folks. Heres to waiting for the next step.

Herzlos

If you send it by mail you'll cost them a bit more too - someone has to open it and scan read before typing in the reference number and hitting reject. If you use the online form they can just hit reject without all that pesky work.

MothballsWallet

Herzlos wrote: »

If you send it by mail you'll cost them a bit more too - someone has to open it and scan read before typing in the reference number and hitting reject. If you use the online form they can just hit reject without all that pesky work.

So, is that why they hire monkeys to do that work?