UKPC Parking Notice with wrong reigstration - Advise please!!

ameyapranav123

Thanks for your quick response. I have remove "You must rely on POFA" and "IAS" bit.

Any other recommendations?

Guys_Dad

ameyapranav123 wrote: »

Hi All,



Date: 25th September 2015


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. Move this to the last point and combine with (b)as they are both the same point, in effect.
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.No - You demand that they produce a contract that gives them the right to charge you. See other appeals for better wording

d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability. How does it fail? Do you expect the adjudicator to do the work to check it out for you? Point out where if fails.

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. Why "I believe?" Point out why they were deficient with any wording or photo evidence.

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. IAS??? Why?


''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. Never seen this work at this stage and with such a weakly written appeal, no chance but makes you look like you have simply copied this parrot fashion without understanding

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,

I am away for some days, and I won't be reading MSE . Some of the points I put above will apply even more in a 2nd stage appeal

Herzlos

ameyapranav123 wrote: »

Moreover, they said the old PCN supercedes and the new one has been reissued

Can you quote what they said? Does that mean they knew the old PCN was incorrect but issued it anyway, or that they've created a completely new claim?

The_Deep

Clearly you have copied and pasted a very badly worded proforma letter which marks you down as not understanding the process.


Take out those parts you do not understand. The "breach of CCRs" paragraph is s nonsense in my opinion.

ameyapranav123

Hi Herzlos,

They said this PCN supercedes (Old PCN No) which has been reissued and provided new PCN no.

ameyapranav123

Sorry forgot to mention that

The NTK received today together with new PCN no. has correct VRN now.

It seems that they are correcting the mistake they made on Old PCN for incorrect VRN.

The_Slithy_Tove

They cannot invoke POFA, so no keeper liability.

If they are relying on Sec 8 (NTD followed by NTK) it fails as 8(2)(c) fails: state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph. In any case, they have admitted that the original NTD is invalid

If they are relying on Sec 9 (NTK only) if fails as it's too late - 9(5): The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended

ameyapranav123

I have updated the appeal letter to UKPC. Can you please check if this is ok now?

Date: 25th September 2015


Dear Sir / Madam
Subject: Formal Appeal to Notice to Keeper, under the POFA 2012
Vehicle Registration Number (VRN No):
Parking Charge Notice (PCN No):
I am the registered keeper of the car mentioned in your Notice to Keeper (NTK) that was dated XX/XX/15. I challenge this 'PCN' as keeper of the car, on these main grounds:
1. I have now obtained the 'PCN' ticket which was placed on the windscreen and I see that this does not have the correct car registration on it, so it is a nullity. As such, no Notice to Driver (NTD) was ever properly served as per POFA 2012.
2. Your Notice to Keeper (NTK) wording is not compliant with Schedule 4 of the POFA 2012. Notice to Keeper (NTK) cannot be regarded as the new Parking Charge Notice (PCN) as you have superceded the Old Parking Charge Notice (PCN). This means UKPC accepted that the old Parking Charge Notice (PCN) is invalid.
3. UKPC is a mere agent who does not own the land, so you have no standing to make any contracts with drivers or to pursue these charges in your name. If you allege you do, then you will need to show your landowner/client contract to POPLA and myself at the second stage appeal.
4. As a Registered Keeper, 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.
5. The Parking Charge Amount is disproportionate and does not represent a genuine pre-estimate of loss, nor is it a core price item.
I invite you to cancel this charge since you can see that you have no cause to pursue it now that I have pointed out the flaws. As there exists only a flawed Notice to Keeper and a nullity of a Notice to Driver, I am not liable in law. But under the BPA CoP, clause 22.14, you must consider appeals from registered keepers because they are entitled to appeal to POPLA.

So if after careful consideration you decide to reject this appeal, you must send me a POPLA code, as was reminded to the BPA in the recent POPLA Newsletter (Nov 2013). Or you can confirm that the charge is cancelled.

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

Yours faithfully,

The_Deep

They really should learn to keep their heads down, this will go nowhere.


http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

ameyapranav123

Is it ok to use the above for appeal or does it require any further changes?

Thanks all for your help