CPS (Midlands) Ltd

pappa_golf

JDekker wrote: »

Also no one has answered me on this but am I appealing on the grounds of unfair penalty charge and the fact the car park was empty when I got back to my car so no loss of revenue?

maybe it was going to be rented out that evening , perhaps they lost £100 income because you parked there

JDekker

I have been back to the car park this evening. I got there at 7pm. It holds approx 18/20 cars. There were only two parked there and one of those left as I arrived. I took photo's to prove how empty the car park is at that time of the evening (I dated and timed the photo) and I am tempted to do this over a course of a few evenings. It's just for me to keep as evidence should I need it later that the car being left there 18 mins after its time did not cause them loss of revenue to warrant a charge of £100/£60 as opposed to the true cost for parking there as no one parks there at that time of night.

pappa_golf

the fact that the car park is or was empty , is not going to assist you

Quentin

JDekker wrote: »

Just out of interest do you think because so many people send this template rather than putting into their own words - is why they make so many rejections? Apart from being greedy wotsits?

Is there a reason/logic behind the wording in that template? Just interested?

Nothing to do with the template.

Your appeal gets rejected because that's the game!

You aren't dealing with a genuine appeals process!

Telling you to expect rejection hopefully saves you getting false hopes and warns you not to waste any time over it too! (Which you look to be going)

JDekker

Quentin wrote: »

Nothing to do with the template.

Your appeal gets rejected because that's the game!

You aren't dealing with a genuine appeals process!

Telling you to expect rejection hopefully saves you getting false hopes and warns you not to waste any time over it too! (Which you look to be going)

So by saying you are saving me from getting false hopes are you saying that I shouldn't even bother and just pay? I understand the rejection bit and "the game" but you make is sound like its all a complete waste of time? I don't mind playing the game but ultimately the whole idea is to win the battle surely?

Quentin

Sending the initial appeal thwarts them from using any "evidence" showing you ignored the matter should it end up in front of a judge

I explained why we say to expect rejection.

And of course we aren't telling you to pay!

Just making sure you appreciate this isn't a genuine appeals process.

JDekker

Thanks Quentin I get it now. I was angry when I posted last week!

So advice given here so far - which is correct?

1) Don't respond yet - wait for NTK and then appeal as the keeper?
2) Wait 18 days (NTK not received at this stage) then appeal as the keeper giving name and address? (Was advised not to give name and address so PPC have to pay to get this information and may not bother?) (My PCN only gives 21 days and cannot correspond by email).

Fruitcake

JDekker wrote: »

Thanks Quentin I get it now. I was angry when I posted last week!

So advice given here so far - which is correct?

1) Don't respond yet - wait for NTK and then appeal as the keeper?
2) Wait 18 days (NTK not received at this stage) then appeal as the keeper giving name and address? (Was advised not to give name and address so PPC have to pay to get this information and may not bother?) (My PCN only gives 21 days and cannot correspond by email).

Appeal around day 18 as keeper. Hopefully they will then forget to send an NTK at all. No NTK means they cannot possibly comply with POFA 2012 and therefore the keeper cannot be held liable.
Waiting until you get the NTK still works, but then you have to show why it is non-POFA 2012 compliant if you want to appeal further, or it goes to court. If however you never got an NTK then it is easy to prove it is non-compliant.

They get the keeper details from the DVLA for 2.50 so no big deal for them, but appealing first so you don't get a NTK at all is a much better plant for you.

If you are sending the appeal by post then do it first class (NOT recorded or special) from a Post Office and get a free proof of posting. This is important.
If you do an online appeal then take a screen grab.

Either way, copy and paste the template and don't miss the appeal deadline.