Driver/passengers observed leaving site

YODA73

Good afternoon.

Please let me apologise for posting a thread similar to a couple on here already, but with all the different templates and suggestions I'm turning myself inside out with what to do.

I parked in a well know retailers car park and found a PCN from UKCPS Ltd for "Driver/passengers observed leaving site". I've parked there many times before and have shopped in this outlet and have never returned to find anything.

I've read to wait for the NTK however my car is registered to an old address and have no way of getting post from there now.

Can anyone please just advise exactly which steps / templates to take as I've been flicking between this forum, parking cowboys etc. and I'm so confused now!

peter_the_piper

""Passengers leaving site"" surely they can't complain about that as the ""contract"" is with driver or Rk

The_Slithy_Tove

Having erroneously posted in the NEWBIES thread, and then reposted correctly, have you gone back and actually read the thread you first posted in? That has pretty much all you need. Once you've read it (more than once, most likely) come back and ask specific questions regarding anything you are then unsure about.

YODA73

Exactly what I thought, nonetheless I have a ticket - shall I just leave it then?

YODA73

Apologies for the erroneous post.

Shall I use;

Date


Dear Sirs

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

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.

Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so 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 and I will not pursue you for my costs.

Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Herzlos

Add:

f) Failure to mitigate loss. On witnessing passengers leaving the site, the attendant should have notified them that it was against the supposed terms. It your duty to attempt to mitigate any loss, and not to allow a breach to occur in order to profit from it.

YODA73

And I send that together with my name and address details?

Also, shall I send this letter now?

bod1467

If this is a windscreen ticket then either:

Wait for the Notice to Keeper and appeal that, OR

Wait until day 18 after the date of the windscreen notice and send in the appeal (still as registered keeper - never disclose the driver details).

(UKCPS are IPC members, and the appeal window is only 21 days. Current thought is to take the latter approach as IPC members are being sneaky and trying to deny Registered Keepers an appeal).

When they reject your appeal you can then decide whether or not to appeal to IAS ... opinion is divided as to the benefits of appealing as most appeals (80%+) will be rejected.

Guys_Dad

bod1467 wrote: »

If this is a windscreen ticket then either:

Wait for the Notice to Keeper and appeal that.

Read 1st post again and you will see OP's problem.

I would begin my appeal to the PPC with something like.

"I have been given a PCN from your company from the person who was driving the vehicle in question on the date that you allege a contravention occurred........"

Then deny that any offence arose and demand photographic evidence.

Then put in your appeal.

Fruitcake

Before you do anything else you need to tell DVLA of your change of address. That will cost you a lot of money if you don't.

Fruitcake

Guys_Dad wrote: »

Read 1st post again and you will see OP's problem.

I would begin my appeal to the PPC with something like.

"I have been given a PCN from your company from the person who was driving the vehicle in question on the date that you allege a contravention occurred........"

Then deny that any offence arose and demand photographic evidence.

Then put in your appeal.

Precede that with, I am the keeper of vehicle XXX XX XXX ...


What you don't want them to do is send a NTK to your old address so you need to get your keeper appeal in before they ask DVLA for your details.