Parking eye PCN...advice needed please!!

Gymbuddy

I'm totally new to this so please be gentle 😊
I received a PCN on 6/9/14 followed by a reminder PCN on 15/9/14. I appealed online on 19/9/14,stating I was the registered keeper but not the driver.
I received a response dated 27/9/14 but received 2/10/14 saying they wanted me to provide the name and address of the driver,to which I ignored.
I've heard nothing until I received a letter on 20/2/15(letter dated 16/2/15) saying my recent appeal was unsuccessful due to insufficient evidence. It included a POPLA form with a verification number.
Please can someone help/advise me what to put on the form.
Much appreciated 😊

Ralph-y

Have a quick read through

https://forums.moneysavingexpert.com/discussion/4816822

post#3

and pick out a template that is closest to your circumstances ....then when ready post it up here to be checked out

Ralph:cool:

Fruitcake

As above, adapt one of the PoPLA appeals from the How to Win at POPLA section of the NEWBIES thread. Appeal, win, and cost the PPC thirty odd quid.

Gymbuddy

Thank you I will take a look at these,adapt the appeal and post on here for it to be checked out.
Many thanks for your advice ��

Gymbuddy

I found a slightly edited version on another thread for Moorgate retail......will this be ok???? I have 14 days as goodwill to respond to private eye or should I just go straight to popla as I already have a code???




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 threefold:


1. Formal challenge
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


2. ''Drop hands'' offer
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 costs



3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged contract which was never properly offered or explained by you. The charge is not acknowledged, is not due and no 'service contract' from you was ever expressly requested by the driver or by me. Neither the driver nor myself gave 'prior express consent' or any consent at all for any contract to exist. This 'contract' is hereby cancelled and any obligations now end


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


This is submitted online so I have kept a copy and this communication is clearly received by you unless proved otherwise. I look forward to your reply within 35 days and urge you to accept the drop hands offer and accept that I have cancelled any 'contract' because this resolves the dispute without cost.

Gymbuddy

Can I use the template to POPLA if I change words from `your company` to `Private Eye`????