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Help with Hayes Matalan PCN

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Comments

  • Umkomaas
    Umkomaas Posts: 43,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hayespcn wrote: »
    Thanks. She told me that one of the machines was not working lately. She said it is worth to mention it but I didn't have her name or email. She just gave me an email address to appeal it.

    Phone them up and ask for the email address.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Hayespcn
    Hayespcn Posts: 10 Forumite
    Eighth Anniversary Name Dropper First Post Combo Breaker
    edited 20 October 2016 at 9:34PM
    I drafted the appeal letter. Could you please advice if there is anything I need to add or remove? Thanks.

    "Date


    Dear Sir/Madam

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car. Please see the reasons set out below. I will complain to the landowner about the matter if it is not cancelled.

    1. Genuine Shopper
    On the day the parking charge was incurred the driver was a shopper on the Hayes Matalan and therefore was spending money in the shops on site whilst the car was parked. Copy of the receipt is attached with this email.

    2. Signage
    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis.Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

    Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

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

    Yours faithfully,
    "
  • Umkomaas
    Umkomaas Posts: 43,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you 'ditched' anything from the template in the newbies sticky?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Hayespcn
    Hayespcn Posts: 10 Forumite
    Eighth Anniversary Name Dropper First Post Combo Breaker
    Umkomaas wrote: »
    Have you 'ditched' anything from the template in the newbies sticky?


    Hi,

    No. I didn't but I added these

    "I challenge this 'PCN' as keeper of the car. Please see the reasons set out below. I will complain to the landowner about the matter if it is not cancelled.

    1. Genuine Shopper
    On the day the parking charge was incurred the driver was a shopper on the Hayes Matalan and therefore was spending money in the shops on site whilst the car was parked. Copy of the receipt is attached with this email.

    2. Signage"

    As there is a receipt, I am thinking of using it in appeal process. Am I being silly?
  • Umkomaas
    Umkomaas Posts: 43,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep, add the receipt.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • will update the outcome. Thanks everyone.
  • Hayespcn
    Hayespcn Posts: 10 Forumite
    Eighth Anniversary Name Dropper First Post Combo Breaker
    Great news!!!

    They cancelled the ticket. Thank you very much everyone. Really appreciated it.
  • Coupon-mad
    Coupon-mad Posts: 155,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Great result!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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