Driver/passengers observed leaving site

YODA73

So, am I writing to them with this straight away;

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.
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’s your duty to attempt to mitigate any loss and not to allow a breach to occur in order to profit from it.

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,

my name and address?


Or, with this....

I am the keeper of vehicle XXX XX XXX ...

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.

No offense arose whatsoever and I demand photographic evidence of your allegation.

Yours faithfully,

my name and address?

And then wait for a response and appeal with the first template?

Dublindel

You are admitting a breach but then defending your position.
1. Passengers are not part of the alleged contract.
2. Supply video evidence if said persons exiting vehicle and leaving site. No evidence no case.
This is your starting point. Everything else is secondary and just there to make them work for a living. You are defending when you should be attacking.

The_Deep

As this is UKCPS it will probably be a contractual charge on which v.a.t. is payable. Have they accounted for vat on their paper work? If not it becomes a breach of contract and GPEOL applies More reading here

https://forums.moneysavingexpert.com/discussion/5087925=

https://forums.moneysavingexpert.com/discussion/5033796=

https://forums.moneysavingexpert.com/discussion/5195437

If you suspect tax evasion go here

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion


Why not go for IAS? As a refusal from skippy virtually guarantees a win should they be daft enough to take it to court. Also, what is the ridiculous "drop hands" business about? Take it out.

YODA73

I'm grateful for all the advice thus far, however even more confused than before.

Can someone please just show the exact template, or what I need to write to appeal this charge?

Sorry guys, I just don't want to get this wrong.

Dublindel

Put my points as primary and the other points as information questions/points.
Evidence of leaving site needs concrete evidence and all they will have is warden statement.

YODA73

Thanks Dublindel, so you mean;

I am the keeper of vehicle XXX XX XXX ...

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.

1. Passengers are not part of the alleged contract.
2. Supply video evidence of said persons exiting vehicle and leaving site. No evidence no case.

Your faithfully,

name and address here?

Dublindel

That's it. The rest can be put down as questions and points. Also do not call it an appeal, it's a REBUTTAL of their claim. An appeal in legal terms means you are laying yourself at their mercy and pleading on points. A letter of REBUTTAL.

YODA73

Sorry Dublindel - am I adding more to the letter than just the below? You mention 'the rest can be put down as questions and points' ...

"I am the keeper of vehicle XXX XX XXX ...

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.

1. Passengers are not part of the alleged contract.
2. Supply video evidence of said persons exiting vehicle and leaving site. No evidence no case.

Your faithfully,"

Dublindel

Sending it as it is is fine. Either way, you won't be paying a penny. If it goes to POPLA and no evidence as requested is presented then as you say.... no case. Send it

YODA73

p.s what if they do produce video evidence Dublindel?