Unfair NPS PCN now £100

pappa_golf

blowfelt wrote: »

Well it is,FOTL.

Everyone in the UK has a legal right to establish their standing in any court and claim common law jusidiction whether it be criminal or civil.

System

pappa_golf wrote: »

Orrrr,you poor thing.:mad:

Don't ignore,talking does helps:rotfl:

Fruitcake

blowfelt wrote: »

This is to do with buying an item or renting something.A PCN isn't something you buy.:rotfl:

So you agree that distance selling regulations do still exist in UK law after all.


The PCN may not be covered but the parking service being provided definitely is.


Charging for use of parking spaces is covered by the regulations as shown in the EU Guidance behind the original Directive upon which the UK Law is based where it is stated: ''For example, renting a parking space...is subject to the Directive.''

In other words, EU law says UK law includes parking charges.

System

Fruitcake wrote: »

So you agree that distance selling regulations do still exist in UK law after all.


The PCN may not be covered but the parking service being provided definitely is.


Charging for use of parking spaces is covered by the regulations as shown in the EU Guidance behind the original Directive upon which the UK Law is based where it is stated: ''For example, renting a parking space...is subject to the Directive.''

In other words, EU law says UK law includes parking charges.

Well that contradicts what you are saying bc a PCN is a binding contract,hence why they ask for you to sign the PCN.

beamerguy

blowfelt wrote: »

Well that contradicts what you are saying bc a PCN is a binding contract,hence why they ask for you to sign the PCN.

This thread is really going off the rails and nothing to do with the first poster.

Never heard of anyone being asked to sign a PCN before, frankly if people were asked there is one simple answer -- NO

If this has happened to you, do please tell everyone who the PPC is

wait for that info

m1nt

Wow that went off topic, ok thanks for all the input. Shes really worried she will have to pay the £100 as its been so long since her oriignal appeal in November! Surely shes missed the appeal deadline by now?

Regardless I have linked her to this thread so she can follow the below instructions:
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.

System

beamerguy wrote: »

This thread is really going off the rails and nothing to do with the first poster.

Never heard of anyone being asked to sign a PCN before, frankly if people were asked there is one simple answer -- NO

If this has happened to you, do please tell everyone who the PPC is

wait for that info

You have to sign a PCN to challenge it which is entrapment.

You must be a fool to just except a PCN without challenge in it.

pappa_golf

is that a penalty charge notice or a parking charge notice ?




sorry m1nt

beamerguy

blowfelt wrote: »

You have to sign a PCN to challenge it is entrapment.

You must be a fool to just except a PCN without challenge in it.

Still waiting to hear if you signed a PCN and who was the PPC

nigelbb

Fruitcake wrote: »

So you are saying this is no longer law?


Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

http://www.legislation.gov.uk/uksi/2013/3134/pdfs/uksi_20133134_en.pdf

Charging for use of parking spaces is specifically stated as covered by the Regulations, as shown in the EU Guidance behind the original Directive upon which the UK Law is based where it is stated: ''For example, renting a parking space...is subject to the Directive.''

That's a misinterpretation of the guidance as this is a reference to renting a parking space not using a car park. The full context is that its relates to rental of accommodation for non-residential purposes.

Whereas the rental of accommodation for residential purposes is excluded from the scope of the Directive, the rental of accommodation for non-residential purposes is covered. This is also explained in Recital 26: '[...] Service contracts in particular those related to the construction of annexes to buildings (for example a garage or a veranda) and those related to repair and renovation of buildings other than substantial conversion, should be included in the scope of this Directive, as well as contracts related to the services of a real estate agent and those related to the rental of accommodation for non-residential purposes.'
 For example, renting a parking space or a party hall is subject to the Directive.