Window Screen Ticket Issued - Now received NTK... Advise please?

totallytech

Hi All,
I accidentally parked in a disabled bay on 18/02/15, for around 14 minutes.

The bay was not clearly signed as disabled other than the floor paint, (no other signs etc).

I was watching a car trying to park in a bay directly behind where I was parking my car rather than concentrating on the floor paint so I didn't notice it.

I returned to my car to find a parking charge notice stuck to the window, for £100 or £60 if paid within 14 days.

Had it have been for a lower amount I'd have happily paid a fee as I did park incorrectly but there is no way I want to pay either the £60 or the £100 fee.

I've been waiting for the NTK which has arrived - its dated 48 days after the actual offence but didn't arrive until day 51.

Norfolk Parking Enforcement are an Approved BPA operator and use the POPLA appeals process,

NPE say that if I wish to appeal I must include my name and address plus the drivers detail - however do I need to confirm who the driver was?

Do I need to fire off the standard email?

Dear Norfolk Parking Enforcement Ltd

PCN number: XXX
As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,

Me

Is this letter enough?

Umkomaas

The chances of a successful initial appeal to the PPC is infinitesimal, what you want is the POPLA code where you will have the charge killed by using an example POPLA appeal contained within the NEWBIES sticky, post #3 'How to win at POPLA' blue link.

Your initial appeal to the PPC (as above) is OK to send. Make sure you get a free Certificate of Posting from your PO. Expect to wait up to 35 days for the PPC decision - and POPLA code!

Grimble

You do not have to name the driver.

totallytech

Hey All,

I've had an email today saying they are rejecting the appeal.

They have given me the popla number but I'm concerned. they make reference to the Parking Eye v Bevis outcome (see letter below).

What should I do now?

27th April 2015

Dear Mr X,

Thank you for your letter of appeal against the above parking charge notice issued to your vehicle on 18th February 2015 at 11.42am, for reason ‘Parking in a disabled bay without clearly displaying a valid disabled badge’ at ‘Millers Walk Shoppers Car Park, Fakenham’.

Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:

1- The above location is private property and there are advertised terms and conditions which the driver is expected to abide by in order to obtain permission to park.

2- The signage clearly states that drivers using a disabled bay must clearly display a valid blue badge.

3- Your vehicle was parked directly in front of signage stating the terms and conditions and it is the drivers’ responsibility to ensure the terms are agreed to before deciding whether to stay in the car park or leave it.

4- Please do contact our client with your concerns that we are ticketing vehicles that are using disabled bays when not displaying a valid blue badge. They and the media will be very interested to hear your internet based appeal aimed to justify your parking in a bay reserved for disabled drivers.

5- By parking outside of the condition you agree to pay the advertised charge of £100.00 (reduced to £60.00 if paid within 14 days).

6- Norfolk Parking Enforcement have a contract in place with the landowner which gives us legal standing to pursue unpaid parking charges in our name through court if necessary.

7- Following the judgement of the Court of Appeal in ParkingEye v Beavis on 23rd April 2015, we can confirm that the parking charge is considered to be a deterrent to parking in a restricted area and the charge is not extravagant or unconscionable.

8- The parking charge made is not a penalty and the issue of genuine pre-estimate of loss is not relevant.

totallytech

Do I just use the exact same appeal letter to POPLA that I originally sent to NPE?

I read thread 3 on the Newbies thread but its not clear on what I need to say for POPLA.

Grimble

Beavis is going to The Supreme Court, I suppose he forgot to mention this.

totallytech

Grimble wrote: »

Beavis is going to The Supreme Court, I suppose he forgot to mention this.

Yeah, the reply just said:

7- Following the judgement of the Court of Appeal in ParkingEye v Beavis on 23rd April 2015, we can confirm that the parking charge is considered to be a deterrent to parking in a restricted area and the charge is not extravagant or unconscionable.

bless them

totallytech

So, Do I just use the exact same appeal letter to POPLA that I sent to NPE?

They have produced a photo of my vehicle clearly parked in a signed disabled bay, although the driver really does not remember that sign - clearly didn't notice it.

Will that go against me?

totallytech

Hey,

Sorry for the continued posts, I know you guys are volunteers but I wanted to get my appeal in with POPLA asap.

Any ideas?

Umkomaas

totallytech wrote: »

So, Do I just use the exact same appeal letter to POPLA that I sent to NPE?

They have produced a photo of my vehicle clearly parked in a signed disabled bay, although the driver really does not remember that sign - clearly didn't notice it.

Will that go against me?

No!

You need to read the NEWBIES FAQ sticky, post #3 and click on the blue hyperlink 'How to win at POPLA' where you will find many examples of winning POPLA appeals.

Find one closest to your circumstances and adapt it accordingly. You won't find an exact match so don't go looking for that. Do a draft of what you intend to send and someone will check it over to ensure you have the main points covered. What we don't do is proof read it. Too often OPs have copied and dumped anything, then expect regulars to put it all right for them. Doesn't happen any more, so please read through what you're copying and make sure it makes sense to you. Classic error is to copy an appeal for a quite different PPC, and not even change the name of the PPC in the draft.

The photo is part of their evidence. You will need to try to rebut it when you put together your draft.

totallytech

Do you mean this FAQ list?
https://forums.moneysavingexpert.com/discussion/4816822

If so, I cannot find a link saying how to win at popla... I've read it and read it and done a text search on the page but nothing....

What am I missing?