Help with parking charge notice. Please.

Redx

ShatteredDad wrote: »

Only thing I'll be looking for / paying attention to is a court summons.

whatever happens you will not receive a court summons as this is a civil matter , not a criminal matter

its an MCOL from Northampton (or Salford) that you are watching out for , over the next 6 years

Carthesis

ShatteredDad wrote: »

No picture of the non working payment machine though, conveniently.

I really want to include my pictures of the non working machine now. Can someone advise how I can include this in my initial letter from the Newbie thread without giving away driver details etc. Obviously I need to tailor the letter slightly, if someone could give me a clue of how to do that without saying anything i shouldnt I would really appreciate it.

Thanks

Well, the simple way to do it is to avoid use of "me, myself and I".

Try something like:

Following entry of the car park, the driver informs me that they attempted to pay the appropriate parking fee at the on-site pay and display machine. Unfortunately, at this time, the machine was discovered to be non-functional - see attached photograph taken by the driver. On subsequent return to the car park, the driver again checked the pay and display machine - with the intention of paying the appropriate fee for the elapsed time - only to find that the machine was still out of order and unusable.

At this time, I would refer you to the case of Link Parking v Mr N. (case number C1GF37H7) heard in Port Talbot on 19-10-2016, which found that - in similar circumstances - frustration of contract applied and that Mr N. had attempted to fulfill his contractual obligations but could not because of the broken machine. The claim was therefore dismissed.

Given the similarities of these cases, in conjunction with the other points of I have set out above, I now request that you cancel this charge.

Umkomaas

I'd be disinclined to stray from the standard initial appeal and keep all your evidential powder dry should this go further.

No matter what you show or what cases you refer to, the outcome is inevitable.

Coupon-mad

I agree with Carthesis, I like that appeal. I would actually forget the template and use Carthesis' suggested appeal, in the name of the registered keeper herself, to keep it less complicated and cleaner to argue in court, should you need to later on.

I suggest you go back over this thread and remove by editing, all mention of who was actually driving. Sounds far fetched but later down the line you do not want the parking firm to produce a forum thread as evidence in court (as some nastier firms did a few years ago).

Carthesis

I was actually thinking you'd be better off adding it to the template appeal.

As to whether you're better off holding it back for court - well maybe. I couldn't say one way or another. I suppose at least it shows consistency in your standing, and that you've not tried to introduce points later that should have been considered at the start.

Having never taken a claim through the courts, I couldn't say either way.

Coupon-mad

Carthesis I think your words were enough for an appeal in its own right. When I write appeals for people in real life(!) I never use the template, I normally tailor it to rattle the PPC's cage more. Better in this sort of case to say what you said. It's much stronger.

Oh i've found an email appeals address as well on their webiste, wonderful. That saves a lot of bother. appeals@nwcarparks.co.uk and I definitely have 28 days in which to appeal.

Only appeal by email if the PCN says that's an option. If not, it's not.

Carthesis

I'm happy to bow to your superior knowledge on this one.


The OP seemed to be having difficulty finding the right words is all, and having a 16-month old tiny person myself I understand the brain drain!

Fruitcake

Carthesis wrote: »

I'm happy to bow to your superior knowledge on this one.


The OP seemed to be having difficulty finding the right words is all, and having a 16-month old tiny person myself I understand the brain drain!

In this instance, I think your appeal suggestion is the best option. It is the concise truth, and it shows the PPC scammers that a judge threw out a similar case.

ShatteredDad

Thanks again, everyone. Appreciate all the contributions.


So are we now saying to not bother with the initial appeal letter and just focus on the non working P & D machine? Obviously I'd be freetyping in that case, would I just keep it short and sweet. When I free typed the appeal I was going to send before I visited this site, itended up being a little sarcastic, I couldn't really help it! Also re appeals process, below is taken directly from their website. It says you can appeal via post or email. Pretty sure the ticket only said post but the website indicates either is fine, to me at least. Online is preferable if I can. Excuse the wall of text....

Appeals Procedure
Should you wish to appeal, please ensure you provide the following information otherwise we will be unable to process your appeal:
•Your PCN number/Receipt Number
•Your name & full postal address including postcode
•Your vehicle registration number
•The date of the contravention
•The reason for your appeal and relevant information
•Any copies of evidence you have to support your appeal
•Your contact telephone number & email address if relevant
An appeal must be made in writing to this address:

N W Car Parks Ltd
Unit 10902
PO Box 4336
Manchester
M61 0BW


Or via email to: [EMAIL="appeals@nwcarparks.co.uk"]appeals@nwcarparks.co.uk[/EMAIL]
Your appeal must be received within 28 days of the contravention date or the appeal cannot be heard, or within 14 days if you wish any discounted payment period to be honoured.

The amount outstanding WILL NOT increase whilst we consider your appeal. If your appeal was received within the 14 days discount payment period, the opportunity to pay the reduced charge will be extended after the appeal decision.

Appeals will NOT be considered for the following reasons:
•Your ticket fell down/was blown off the dashboard/on the seat etc.
•Your ticket was not displayed clearly, face up, on the dashboard of your vehicle
•You forgot to display your ticket
•You went to get some change
•You did not know it was a Pay & Display car park
•You were only a few minutes overdue
•You only stopped for a few minutes
•Your car was on or over the marked lines of a parking bay, the term “within the confines of an allocated parking bay,” means inside the marked white lines of the bay.

Our Pay & Display conditions of parking state that valid tickets must be clearly displayed on the dashboard of your vehicle with the issue and expiry time clearly visible to our staff. If you have received a PCN for contravening these conditions, any appeal will be dealt with by our appeals team reviewing the photographic evidence supplied by our staff. Producing a valid ticket after the event for the time of the PCN will not be sufficient grounds for your appeal to be upheld.

We aim to provide a fair appeals service carried out by our experienced appeals team. The team uses photographic evidence, reports from our enforcement officers and your correspondence when dealing with any appeal.

Once your appeal is received we will contact you within 14 days with a decision, should you wish to contact us about an appeal, you are advised not to do so until 14 days have passed.

Refunds of any payments will only be made if our appeals team approves an appeal.

If your appeal is unsuccessful, you have the opportunity to appeal to an independent appeals service (POPLA), details of which will be provided to you at the appropriate time.

ShatteredDad

Can anybody answer my above post?


Cheers