Unfair NPS PCN now £100

System

m1nt wrote: »

Is this the best course of action?

end the PCN back to them stating 'no contract return to sender'

A PCN is a private contract and if you sign anything on the PCN then you are in contract with them.

Send the PCN back to them and don't engage further with them.Ask Puregym to prove you have a signed contract with them to pay these charges.
Last edited by blowfelt; Today at 12:42 PM.

Yes,bc how can a PCN be lawful without a contract.

Fruitcake

As I said in my first post on this thread, the paperwork you have received is a notice to keeper. It says so on the second image you posted.


You have already been told what to do but as you seem to be dithering, I will tell you again.


Read the Sticky thread for NEWBIES and send the IPC questionnaire letter therein.
Copy and paste and send. Nothing added, nothing taken away. Do not miss the appeal deadline.
Once you have done this you will have time to read up on what happens next, but I re-iterate for now, send the template letter and do not miss the deadline.


In that NTK, the parking scumpany have said they don't know the identity of the driver. Good; keep it that way. Either they have lost your girlfriends email or never received it. That's lucky for you so you only need to deal with the current NTK.


Don't dither, get thee and do it.

Marktheshark

You created a contract by parking in clear sight of the signs, not all contracts have to be signed, you can have adhesion contracts quantified by performance providing you have the option to reject it.
When you park you accept the contractual offer and create a contract.

System

m1nt wrote: »

Is this the best course of action?

end the PCN back to them stating 'no contract return to sender'

A PCN is a private contract and if you sign anything on the PCN then you are in contract with them.

Send the PCN back to them and don't engage further with them.Ask Puregym to prove you have a signed contract with them to pay these charges.
Last edited by blowfelt; Today at 12:42 PM.

Yes,bc how can a PCN be lawful without a contract.

I received a PCN for parking in Wilkos and didn't bother to do anything about it.The PCN was never got paid and the company never bothered me any further.

If a company takes you to court over a PCN then they have to prove a contract (joinder) exists otherwise its not lawful.

Fruitcake

blowfelt wrote: »

Yes,bc how can a PCN be lawful without a contract.

The parking company would have you believe a contract has been formed between them and the driver by virtue of the fact that the driver saw and acknowledged the signs and by staying in the car park agreed to said contract. Indeed, the email sent by the OP's girlfriend says they saw, read, and understood the signage and went to register their vehicle, but failed to do so.
The PPC don't give a toss as to why the driver was unable to input their reg, they just want the OP's money. Luckily the email seems to have been lost or ignored putting the OP in a much stronger position to challenge this.


Unfortunately we are not dealing with reasonable people here and unless properly challenged the motorist is likely to end up defending a court case.


The NEWBIES thread is a tried and tested process and it works. That's why the person who spent hundreds of hours of their own time to write it has advised using the template letter as I have also suggested.

pappa_golf

blowfelt wrote: »

Send the PCN back to them stating 'no contract return to sender'

A PCN is a private contract and if you sign anything on the PCN then you are in contract with them.

Send the PCN back to them and don't engage further with them.Ask Puregym to prove you have a signed contract with them to pay these charges.

I think we need the stickie thread updated to incorporate your fantastic idea


hell if it works , It could shut down all private parking offences in the UK

Fruitcake

Marktheshark wrote: »

You created a contract by parking in clear sight of the signs, not all contracts have to be signed, you can have adhesion contracts quantified by performance providing you have the option to reject it.
When you park you accept the contractual offer and create a contract.

Car park signage also comes under the distance selling contract regulations, so neither party has to be present at a face to face meeting to form a contract.


The job here though is to show that the contract was unfair, frustration of contract occurred (OP unable to register the vehicle reg number) and also to ask a number of questions to enable a fair appeal to be made.

System

Marktheshark wrote: »

You created a contract by parking in clear sight of the signs, not all contracts have to be signed, you can have adhesion contracts quantified by performance providing you have the option to reject it.
When you park you accept the contractual offer and create a contract.

If not all contracts have to be signed then ppl would sued anyone for anything.

If what you say is right (this is total rubbish) then why do the company issue a paper PCN asking you to sign on the dotted line.

System

pappa_golf wrote: »

I think we need the stickie thread updated to incorporate your fantastic idea


hell if it works , It could shut down all private parking offences in the UK

Well,if we all stick together then we can shut them all down.

pappa_golf

blowfelt wrote: »

If not all contracts have to be signed then ppl would sued anyone for anything.

If what you say is right (this is total rubbish) then why do the company issue a paper PCN asking you to sign on the dotted line.

then why do the company issue a paper PCN asking you to sign on the dotted line


please link me to a paper notice placed on the car from a PRIVATE PARKING Co that does this








have you ever heard of the word "civil"




is this your post on pepipoo? http://forums.pepipoo.com/index.php?showtopic=67604&hl=