NTK received from PCS after 56days from the incident

enfield_freddy

ok , the letter from PCS arrived after the deadline however it was a debt collectors letter NOT a legal NTK , you are now treating this as the NTK , good , its late , its void etc etc etc , they will try to bull you into believing the original from LK was lost in the post , however they(lk) have verbally admitted that they simply pass the car details to PCS and they do all the work ,


if PCS are doing this by the book (?????) they are late sending a NTK


await your POPLa code ,,, you won,t get one tho


look at greater London keyholders ltd , here http://www.britishparking.co.uk/approved-operators , look at there web address ?


dead innit ,


greater London keyholdings closed down 2.5 yrs ago , they were bought out by PCS

ThanksMoneySE

Redx wrote: »

just deal with this for now, ignore the "what ifs"

yes , copy and paste the template letter into notepad on your pc or laptop

just remove the rant paragraph part after e) but leave ALL the rest in

add pcn number from the NTK, the name of the person it was sent to and the address of that person (as keeper) - this may be YOU

and thats it

post it to their online appeal section by copying and pasting and filling in any request for name and address and pcn number, but as KEEPER, not naming the driver at all

then wait for any rejection to come back

if and when you get a rejection , look for a popla code , if there isnt one , complain to s clark at the BPA and enclose copies of all the paperwork, so do some scanning or photos so you are ready

stick to the facts here, lets see how it pans out

Ok. I don't know if you've read the beginning of the thread to see what my case is but I'm a bit concerned because I was in a wrong to get the ticket given coz I didn't have the permit on display and also found out the permit was not valid anymore anyway. I tried Landlord path but no luck and we are not gonna get anywhere hence I ended up here.
So can they not take me to court and win the case?

Also I've found the template letter and reading it now and point a) doesn't really apply in this case because it's not a store car park or anything. It's industrial place where lots of offices etc are there and each companies have some parking spaces allocated so unless you get a permit given you can't park there.

point b) I went to take a picture of the sign on the wall but it's not really hidden

Doen't all these facts matter?

And so I put my name and address as the keeper on the form and that's all fine and take a screen shot of everything?

Also on NTK from PCS, there are two ref. numbers.
One says Account Summary, Our reference: ******* and then total amount due £120

Then Parking Charge Reference number. ***** - this is the one you are calling PCN?

I'm not familiar with S clark etc but I guess that's the next stage so I just need to past the template letter and send it via the online form for now?

Redx

no I have not read all the thread, its like war and peace now

what you have to bear in mind is you are getting free advice but must take on board what is said, or pay somebody to do it for you

you cannot expect people here to spend hours dealing with one thread, I have told you what to do in fairly simple terms , as has manxred , please do it

you must do as you see fit, if necessary altering the appeal template accordingly, although that appeal template is for allcomers and suits all appeals so I fail to see why it should be altered and am not spending my free time doing so either

its only a PPC appeal after all, not your popla appeal

s clark is also mentioned in that newbies sticky thread too

if you are not prepared to do exactly as I said, then I shall bow out of this thread , as its a mountain out of a molehill so far

ThanksMoneySE

enfield_freddy wrote: »

ok , the letter from PCS arrived after the deadline however it was a debt collectors letter NOT a legal NTK , you are now treating this as the NTK , good , its late , its void etc etc etc , they will try to bull you into believing the original from LK was lost in the post , however they(lk) have verbally admitted that they simply pass the car details to PCS and they do all the work ,


if PCS are doing this by the book (?????) they are late sending a NTK


await your POPLa code ,,, you won,t get one tho


look at greater London keyholders ltd , here http://www.britishparking.co.uk/approved-operators , look at there web address ?


dead innit ,


greater London keyholdings closed down 2.5 yrs ago , they were bought out by PCS

So maybe it is PCS that's giving out tickets and but when people argue that NTK was posted late, they will say LK sent one already but LK is dead so it's a obvious lie? Anyway, I am going to appeal via online now

enfield_freddy

post the template letter , don,t admit you hadn,t got a permit , just send an appeal they HAVE to issue a POPLA code.


going back to your workplace , you say your landlord never renewed his contract with WHO? , ,,,,,,,who was this with?


when did this happen , and is it just one landlord for the whole yard or multiple landlords

ThanksMoneySE

Redx wrote: »

no I have not read all the thread, its like war and peace now

what you have to bear in mind is you are getting free advice but must take on board what is said, or pay somebody to do it for you

you cannot expect people here to spend hours dealing with one thread, I have told you what to do in fairly simple terms , as has manxred , please do it

you must do as you see fit, if necessary altering the appeal template accordingly, although that appeal template is for allcomers and suits all appeals

its only a PPC appeal after all, not your popla appeal

s clark is also mentioned in that newbies sticky thread too

if you are not prepared to do exactly as I said, then I shall bow out of this thread , as its a mountain out of a molehill so far

I understand sir. Thank you.

ThanksMoneySE

enfield_freddy wrote: »

post the template letter , don,t admit you hadn,t got a permit , just send an appeal they HAVE to issue a POPLA code.


going back to your workplace , you say your landlord never renewed his contract with WHO? , ,,,,,,,who was this with?


when did this happen , and is it just one landlord for the whole yard or multiple landlords

Yes going to paste the template letter now and go through the online form to get Popla code.

It's such a messy place here and our landlord is really iffy. I am not sure exactly how it is but there is the top management group that is leasing out different units to difference companies etc. In the unit we are in, there are are about 10 rooms rented out by different people and managed by one landlord that is ours.

Redx

modify this by adding all reference numbers , date , name and address too

Date


Dear Sirs

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

REF 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.


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,


{the keeper's name and address}

ThanksMoneySE

Redx wrote: »

modify this by adding all reference numbers , date , name and address too

Thank you.

On the online form I am filling in right now, I have filled in my name and address and identified myself as the vehicle keeper and put in the reference numbers too as they give us those sections to fill in.

And I was about to paste the letter before you attached this one minus the rant section. Should I still fill in everything including the names etc in the template letter part and paste it in "the reasons for appeal box" in the online form?

Redx

just add the date , pcn number , ref number and print the keeper name to that appeal above , then paste all of it into the box