PCN how to appeal

Rocstar28

Please can someone help me out on how to appeal against this parking charge.

________________________________________________
Start of letter

We are writing on behalf of the creditor in relation to an unpaid parking charge. We ahve obtained your details from the DVLA under a 'reasonable cause' request as you were the registered keeper of the vehicle specified at the time of parking incident shown. A parking charge has been issued because the vehicle was parking in a manner where the driver attaracted a parking charge as brought to the drivers attention via signage and agreed to by the driver when your vehicle was parked on land managed by the creditor JD Parking Consultants Ltd.

This notice to keeper was issued following the use of warden operated camera system, which identified the parking incident details in this notice. The charge remains unpaid and the driver has 14 days from the date of this notice to pay the parking charge specified at the reduced rate of £60. If payment is not recieved within this period then the full charge is payable by the driver no later then 28 days from the date of notice.

As we do not hold a record of the drivers name and addres we are writing to you as the keeper of the vehicle. as such we now invite you or the driver (if different) to make payment of the parking charge shown, or if you were not the driver of the vehicle at the time of incident to notify us in writing acting on behalf of JD Parking Solutions Ltd of the name and current serviceable address of the driver so that we can contact them for payment. Please also pass thie notice to them without delay. if we do not receive details of the driver within 28days of the notice then the charge is still outstanding we will have the right to recover payment from the keeper.

End of letter
(Letter also gives, date, time and location)
___________________________________________________________________

I received this PCN in the post, there was no windscreen ticket nor no proof of photo of my vehicle being there, even though the letter states by 'Warden operated camera system' (Should they at least attached some kind of photo evidence that it was my vehicle).

Upon entering this car park, there was no signs at the entrance, there was no parking barrier and there was no ticket machine. They did have a few signs but they where that high up the wall that you couldn’t even read the same text.

On there letter where they mention the reduced fee, this doesn’t make sense, the PCN is £60, then goes on to mention if paid within 14 days then this reduce rate is payable, however if paid after 14days then the full charge is payable, even though there’s no mention of a full charge.

Appreciate any help.

Thank you.

Redx

you didnt say who had sent it , I assume a debt collector ?

if so, send the appeal template from the NEWBIES sticky thread to them, and to JD Parking if you have their address (or look it up)

Rocstar28

It came from PCS (Parking Collection Services) i persume they are the debt collectors.

Redx

yep, DRP in disguise

send the template appeal to them, they will likey reject it with a "my findings" letter, then they should offer a popla code in that rejection

if they dont , report them to the BPA and enclose copies of all paperwork

see the NEWBIES sticky thread for the info

Rocstar28

Thanks for you help, ill get that template and start the appeal process.

Rocstar28

i have now received my rejection letter and need help with the next process, on how to appeal with Popla.

Copy of letter below...

Thank you for your email regarding the above Parking Charge Notice (PCN).

I have carefully reviewed the case and have considered the points that you raised. Unfortunately, I cannot cancel the PCN and it is still payable. I have explained my findings in more detail below.

My findings

The site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued.

I attach photographic evidence taken at the time of the parking contravention.

I also attach an example of the signage present upon the site which details why a PCN will be issued. Such signage is visible in the attached photographs.

Amount charged

If you refer to the British Parking Association’s code of practice, you will discover that the sum in question is within what this body deems reasonable.

I also draw your attention to the landmark decision made by the Court of Appeal in ParkingEye vs Beavis [2015]. Following the judgment made by three senior judges, which is currently subject to an appeal, it was ruled that the parking charge issued in this case "was not extravagant or unconscionable", "held that a motorist who parks his car in the car park does so on the terms displayed in the notices" and was "enforceable under common law".

In the case of the present parking charge, we believe that similar conditions apply.

Therefore, if you are still refusing to pay the charge then I strongly suggest that you obtain professional legal advice.
I would also like to remind you that when you parked your vehicle on the site in question, you contractually agreed to abide by the terms and conditions attached to that site. As stated, these terms and conditions are adequately displayed on signage at the site. If you did not wish to abide by these terms and conditions, nor accept the charges incurred should they be breached, you were under no obligation to park on the property in question.

Landowner’s authority

We act upon the behalf of our client, who in turn acts upon the behalf of the landowner as their authorised agent. At this stage, we are not obligated to provide you with either the landowner’s contact details or with a copy of the agreement made between our client and the landowner and therefore will not be doing so. However, if the matter does proceed for legal action, all relevant documentation will be provided to the court.

Signage
The signage on site is sufficient and is in line with the guidelines laid down by the British Parking Association (BPA).
The majority of motorists who park at the site do so without receiving a PCN. This is undoubtedly due to the fact that they are aware of the terms and conditions of the site and park in conformity with them. If as you claim the signage was inadequate, the terms and conditions of the site would be unknown to the majority of drivers, and many more motorists would receive PCNs on this site.

Legal basis
The claim in question is based in contract law. When you parked your vehicle on the site in question, you contractually agreed to abide by the terms and conditions attached to that site. As stated, these terms and conditions are adequately displayed on signage at the site. If you did not wish to abide by these terms and conditions, you were under no obligation to park on the property in question.

What you need to do now

You now have three options to choose from:

1. Pay the PCN at the prevailing sum of £60.00 by 10th November 2015. Please note that after this time the discounted rate will no longer apply and the amount outstanding will rise to £100.00 and will need to be paid by 24th November 2015.

Payment can be made online or by phone. or phone 0208 528 4122. You can find full details of how to pay on the PCN issued to the vehicle and/or on the letter(s) sent if applicable.

2. Make an appeal to POPLA by appealing online at popla (verification code: 3223005501). The only grounds for making an appeal are stated on the website and to be considered the appeal must be received by POPLA within 28 days of the date of this correspondence. Please note that if you opt to appeal to POPLA and the appeal is unsuccessful you will be only able to settle the PCN at the full amount of £100.00.

3. If you choose to not make payment or appeal, the amount outstanding may be sought via a debt recovery company and/or court action where further costs may be incurred as a result.

More Information

By law we are also required to inform you that Ombudsman Services (provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.

Kind Regards

bod1467

Look at the POPLA Decisions thread (start at the end and work back) to see what is currently "winning". Then draft your own appeal based on examples (many are in/linked from that thread) and post it here for critique.

Coupon-mad

Rocstar28 wrote: »

It came from PCS (Parking Collection Services) i persume they are the debt collectors.

What was the date of the parking event and what was the date of the PCS letter (Notice to keeper)? It says that the keeper is liable but was it received by day 15 after the parking day?

Was this LDK Parking? Sunds exactly like one I got cancelled by complaining about PCS (Debt Recovery Plus) to the DVLA.

If the NTK was received AFTER day 15 and there was NO windscreen PCN, email david.dunford@dvla.gsi.gov.uk and tell him Coupon-mad on MSE sent you to report another PCS Notice to Keeper saying 'keeper liability applies' when it cannot, due to the dates and lack of windscreen PCN.

Rocstar28

Hi Coupon-Mad

Date of parking charge was 14/09/2015 and date of notice was 18/09/2015. (JD Parking Consultants)

Ive since recieved more letters from them.

The 1st letter i got from them (dated 18/09/2015) said '''14days to pay the reduced rate @ £60, if payment not recieved within 14 days then the full charge is payable''' but they never mentioned what the full charge would be.

So i received 2 more letters from them:

1 on the 22/10/2015 saying the parking charge notice is now £100

But then recieved 2nd letter dated 26/10/2015 saying as they failed to show to correct discounted rate in there letter dated 18/09/2015 they are now reissuing the charge the parking charge WEF 26/10/2015 and i have 14 days to pay the discounted rate @ £60.

Am i right in now thinking as the parking date with the 14/09/2015, although they sent me a charge 4 days after the event there letter was incorrect and they sent me that new letter on the 26/10/2015 saying reissuing this from that date 26th Oct, this shows they have sent 15 days after the event.

I didnt get a windscreen ticket as well.

Rocstar28

Forgot to mention i sent my appeal to Popla on the 27th (still awaiting there reply).

i never mentioned in my popla appeal about there letter saying they are reissuing WEF 26/10/2015, as i didnt get there letter until 29th Oct.

And theres no way i can update this on popla website.