PCN received

pricolist

10th Aug 15, 5:20 PM
Perhaps the knowledgeable can help please, I was not the driver of the car but received a PCN Reminder (not any original notice as they say was sent) as the registered keeper - as suggested I followed all the recommendations as per the very helpful Newbies Stickies etc and then thought I would submit the appeal/complaint via the excellent Resolver under the “Not the Driver” section.
3 Minutes later I get a response “Thank you for your email. Please address your appeal if you were the driver to the relevant appeal address stated on the notification received. This is not a valid appeal address.
Regards
Tito”
Do I submit it again not naming any driver? Or use other “none of the above” but with the same wording? Or through their web site

Parking-Prankster

Submit it again stating you are appealing as keeper and were not the driver

pricolist

OK thanks
Sorry I was not aware I had put in a signature (name?)
and now I have received from TPS
Thank you for your correspondence concerning your Parking Charge Notice.
This PCN was issued legally and correctly according to the British Parking Association Approved
Operators Scheme.
We are fully aware that this is a standard text, with no relation to any specific circumstances which
might have represented valid mitigation against the issue of this charge. We are not obliged to answer it
point by point, and we cannot accept it in place of a genuine appeal.
In Parking Eye Ltd v Beavis, it was found, both at County Court and Court of Appeal level, that
appealing a Parking Charge Notice on the basis that the amount is not a genuine pre-estimate of loss
is, in fact, not a successful legal defence.
In light of the above, on this occasion, your representations have been carefully considered and
rejected.
We can confirm that we will hold the charge at the current rate for a further 14 days from the date of this
correspondence.
Although we have now rejected your appeal, you may still have recourse to appeal to Parking On
Private Land Appeals (POPLA), an independent appeals service.
You now have a number of options;
1. Pay the parking charge at the prevailing price of £40.00 within 14 days. Please note after this
time the full parking charge will be due at £70.00
2. Make an appeal to the Independent Appeals Service (POPLA) within 28 days by completing
the attached form. Please be advised that if you choose to have independent arbitration of your
case, and your appeal is declined, then the Parking charge notice will be due at the full amount
of £70.00. Please find attached a form and code for use with the independent appeals service
(POPLA).
3. If you choose to do nothing, we will seek to recover the amount due via our legal recovery
process, where additional costs may be incurred.

The_Slithy_Tove

pricolist wrote: »

We are fully aware that this is a standard text, with no relation to any specific circumstances which might have represented valid mitigation against the issue of this charge. We are not obliged to answer it point by point


...


your representations have been carefully considered and
rejected.

Bit of a contradiction?

Anyway, you have a POPLA code now, don't you? Next stop, put together a full appeal to POPLA using all the standard points. Be sure to rebut the Beavis point, pointing out it's not case law as it's under appeal, and they are being dishonest in trying to use it when they know full well what the real situation is. Not knowing the circumstances of the parking event, or the type of car park, Beavis could be entirely irrelevant anyway.

pricolist

Yes thanks for, pointing that out I have the code now and will prepare