NPE Holt, Norfolk Budgens - no ticket displayed

dalexdba

Hi all,
We just had a NTK 'invoice' not for failing to pay, but for failing to display.

Unused to such things, on returning to the car, we collected the ticket from the windscreen and took it into the store in order to claim the fee back. In hindsight, the important bit for the refund was a bit that could have been torn from the parking ticket.

When returning to the car, we saw an attendant, and guessing he may have ticketed us, made it known to the park attendant that we had a ticket, had paid, and he said, it's ok, I just need to see the date. We showed him the ticket, and he said ok, that's fine.

Since then, of course the ticket got thrown out and is no longer in our possession.

In hindsight this may prove to be an expensive error in judgement as the company now want us to pay £70 for the privilege.

Reading the forum, however, doesn't really match the circumstances so it'd be great if you could help with the proper course of action.

This letter was the first we heard of the invoice, despite they tell that as we didn't respond to the first letter in time, we have now lost the chance of paying a lower amount.

I have seen the pro-forma letter of appeal, but not sure this applies, and feel if we did appeal, not having the original ticket might seriously weaken any case we may have.

Help!!

Fight_the_good_fight

Semantics such as what happened etc and sob stories do not wash in appeals and is almost a guaranteed loss .

You need to stick to legal challenges as per the templates such as GPEOL ,lack of signage no authority etc etc.

Make sure you reply to the NtK but do not mention/name the driver,respond only as the registered keeper.

Once you have drafted your shortened version of appeal to the NTK post up on here for advice prior to submitting.

It would be advantageous if you could name the Parking company and which retailer you were shopping with as in some circumstances if proof of purchase via bank statement/credit card and you speak with the store manager they may assist in cancelling the charge.

But whatever you do DO NOT IGNORE

Coupon-mad

Which NPE is this?

dalexdba

This is Norfolk Parking Enforcement.

The fact that no notification by way of a parking violation was issued at the car park, nor until 35 days after the alleged infringement seems to go against POFA 2012 Para 7 Section 4 which would be the case if a notice was affixed to the vehicle in the car park. I am satisfied that no such notice was affixed.

This is what I have so far:

Date xx/xx/xx


Dear Sirs

Re: PCN No. .xxxxxxxxxxxxx...................

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.

This is my first foray into having the misfortune to have to deal with such an unjust and blatant attempt at extortion of funds from organisations such as yourselves acting to promote their own self-interests above that which the spirit of the arrangements would suggest they provide.
Whilst I applaud businesses in maintaining adequate facilities for customers of those businesses, methods such as is employed by your organisation are abhorrent and unjust, and rather than improve relations are detrimental to customer trust of those businesses.


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 mycosts. 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,


{the registered keeper's name}

dalexdba

Hi all,
So any advice before I send this appeal off please? My apologies I am no law expert and seek advice as if I am less than successful it may affect other's chance of success in the future and I don't want to mess it up!

After adding in the specific details, should I send 'as is' please?
Many thanks,

Umkomaas

dalexdba wrote: »

Hi all,
So any advice before I send this appeal off please? My apologies I am no law expert and seek advice as if I am less than successful it may affect other's chance of success in the future and I don't want to mess it up!

After adding in the specific details, should I send 'as is' please?
Many thanks,

Send it as it is. Whatever you put is likely to be rejected, you're after a POPLA code, through which an appeal (NEWBIES sticky, post #3) will see this off.

The NtK you've received is within the PoFA timescale if a windscreen ticket was attached to the car. But some PPCs put one on, take a photo, then take it off (ghost ticketing), or maybe someone just took it off the windscreen. It's not a route to pursue - it won't help.

Grimble

Please keep us updated on what happens.