NTK Received - next step advice please....

alipops1986

Hello All,

I just want to clarify my next steps - NTK received. I've re-read the Newbie Sticky. (Apologies for my earlier post, got all confused, meant NTK not PCN!)

If I understand correctly, i'm to copy and paste the appeals letter outlined in the sticky and send off and await their response to the appeal?

Ironically, they claim in their PCN that the reason was for 'parking out of marked bay' but the windscreen ticket is ambiguous as it looks like a tick for "parking in parents bay without child" - inaccurate as the driver had a child with them that day. I assume this is pointless to include?

Many thanks,
Alipops x

Redx

putting stuff in about the windscreen ticket could "out" the driver

so try to say little or nothing at all

its an invoice, now you have the NTK use the template letter, removing the rant part if you wish

dont try and be clever about this, they have seen it all before and hope the apellant will "drop themselves in it" by revealing too much , the nature of the rule breaking is largely irrelevant

alipops1986

Thanks Redx

Will this suffice?

Dear......

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,

Redx

yep, seems to be a cut down version of the template letter

just add your RK details, pcn , VRN etc to it and send it (with free proof of postage at the PO) unless its an online appeal , in which case you may get a receipt email acknowledgement