A little help needed with PPC appeal please

coolcat101

Hi

After my initial confused post (apologies), I have again read over the newbie sticky many times (thank you) and hope that someone would please take a quick look at my PPC appeal draft and give me the thumbs up to send or any advice appreciated - I'm trying to put across that their 'PCN' comes under the old rules so the registered keeper is not liable and therefore are not going to get any money out of me! Sorry but lack of confidence makes me doubt I have copied and pasted the right things and worded it right.

Many thanks in advance, here goes...

I challenge this 'PCN' as keeper of the car, on the following ground:

The 'PCN' issued by you (Highview Parking) dated XXXX does not comply with the Protection of Freedoms Act 2012 (POFA 2012) - in particular, your 'notice' is non-compliant to:
Section 9(2)The notice must—

(f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

Furthermore, as your notice does not even mention nor make any reference to the POFA 2012, you cannot rely on the POFA 2012 to try to enforce payment of the invoice by the registered keeper in absence of the details of the driver. As such, I, as the registered keeper, am not liable for the alleged parking overstay invoice issued to me. There will be no admissions as to who was driving and no assumptions can be drawn.

I am disgusted that your 'clients' (who you have not named as the creditors), should treat the customers' of 'Tesco' in such a disgraceful manner particularly as planning permission for the car park was granted on the condition that it would be for the use of the local neighbourhood (not solely for the use of Tesco customers) in order to help bring new custom to local business' and so enhance the area. Indeed, this treatment only serves to drive away any new customers!

I suggest you cancel the charge and uphold this challenge now in order to save yourself further time and wasted money or alternatively, send a rejection letter including a POPLA code.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Redx

I would use the template latter in the newbies sticky thread, almost "as is", dont try and be clever about it as Highview are not clever by any means

if this was a recent postal notice then for POFA it has to arrive within 14 days , not 28 days (I suspect you are mixing this up with a windscreen ticket)

so like I said, dont try to be clever, just copy and paste the template letter and maybe personalise it slightly with references to tesco or whoever, but no naming the driver

if it does not meet POFA 2012 , add that as well but again dont "drop" yourself in it, the idea is to get a cancellation or a popla code, not argue

coolcat101

Thanks so much for your answer, would you (or anyone please advise with the following as I am becoming obsessed with trying to make sense of it all!

Just to clarify;

1) The date of notice is dated 16 days after the date of the 'IN' date recorded on the notice but..
2) .. I read somewhere on the newbies sticky that if there is no mention of POFA 2012 then the old rules apply and the registered keeper cannot be 'held responsible' if the driver's details are not passed on - have I understood this wrongly?
3) My understanding from reading section (9) is that if they are indeed trying to use the POFA 12 rules then the notice should contain a warning to the keeper that they have the right to recover from the keeper any monies outstanding if they do not know the details of the driver - the notice does not contain such a warning so does this mean they have not served the notice correctly and I should use these grounds to appeal or later at POPLA or have I misunderstood?

Sorry, I'm confused as to whether I should mention non compliance to POFA 12 at all (as you say don't want to stick myself in it) if in the first instance the wording of the notice appears to make it not even come under the new rules.

Thanks again