Not specified restrictions are in place 24 hours **Edit success**

nicole136

I would but I'm not sure how to post the pics. I thought my case for not paying is that the NTK did not specify keeper liability as Coupon Mad States..

Fruitcake

nicole136 wrote: »

I would but I'm not sure how to post the pics. I thought my case for not paying is that the NTK did not specify keeper liability as Coupon Mad States..

Upload images to a web hosting site such as tinypic or photobucket, then post the URL here but change http to hxxp. Someone here will then change it a live link.

Keeper liability will be ONE of several appeal points at PoPLA. Inadequate signage, not the landowner, no standing to bring charges will be SOME of the other points.

For now you just need to send of the initial appeal which is a written in such a way that a simple copy and paste doesn't accidently give away the driver's details.

You need to spend more time reading the NEWBIES thread so that you understand how this disgraceful unregulated scam industry works. It will however take several attempts before you start to take it in.

It is a good idea to print out the initials and acronyms to help you understand what you are looking at.
Also, you don't need to read about IPC or court or hire cars so just concentrate on the relevant parts, and follow the advice given.

Coupon-mad

nicole136 wrote: »

I would but I'm not sure how to post the pics. I thought my case for not paying is that the NTK did not specify keeper liability as Coupon Mad States..

Yes that's what will win at POPLA but we NEVER suggest single-point POPLA appeals. I said your POPLA appeal would contain four points...

...and no, I never spoon-feed anyone by saying what they are in each case, I think it's enough that I've provided some detailed, generic POPLA template arguments now as well as a first appeal template and tell people where to find and copy them - to me that's major spoon-feeding as I hate templates really! But I'm a middle aged woman who works in a school, so maybe I expect too much (hence the templates which were forced upon me because so many people kept writing such rubbish even when told what to write, missing the point or thinking it's a good thing to admit they can't write a letter). I am also aware that in some cases English is not every poster's first language so the appeal templates help.

Anyway you are overthinking a very simple set of appeal stages which are proven to win. Please stop trying to unpick a template that works! Just keep the faith...do as advised. The first appeal DOES (deliberately vaguely) mention the POFA and Highview know exactly where that appeal comes from and what it means when it says 'you must rely on the POFA' (they know they can't).

nicole136

Ok sorry to overthink it... I will send the template below from the newbies thread


Date


Dear Sirs

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

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

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,



As I think you have confirmed this is the correct one? Sorry to require spoon feeding! It's not through lack of time spent researching on this forum. Or through lack of intelligence or language .. Just anxious to get it right.

Thanks again

DoaM

Is that the wording in blue from the NEWBIES thread? If yes then it's the correct wording.

nicole136

Yes.

As a side question... Why don't they change the wording of the NTK if it's not legally correct?

Umkomaas

nicole136 wrote: »

Yes.

As a side question... Why don't they change the wording of the NTK if it's not legally correct?

Possibly because they're too thick to understand. You're not dealing with MENSA members.

Enough people pay up without challenge, so why change a 'winning formula' for the majority when the brain would hurt too much to try to alter it to try to sweep up those who do kick back?

nicole136

letter from Highview parking today - they will not be pursuing this charge. Thanks for all the replies and advice and the patience you had to respond.
Thanks to the sticky thread guide...
Especially Coupon mad

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Coupon-mad

Nice result!