Help with parking charge notice. Please.

Carthesis

If the consensus of other's opinion is to use the text I provided as your sole appeal point, then I personally would copy and paste it into a standard letter template, fill in the appropriate details, and stick it in the post.

[Remember to add at the top that the person whose name is on the letter is the Registered Keeper and that you are denying all liability on the following grounds (blah blah blah); and also to add a line at the bottom stating that if they are cancelling the charge you require them to confirm, in writing, as part of the cancellation letter that they have now deleted any and all personal data they hold on you]

Get a free certificate of postage from the counter, send it 1st class (if you're a bit tight on time) or 2nd class (if you've plenty of time).

If you're unsure as to if they accept email submissions, when you've written the letter, PDF it and then email it to them as well. If you do this, add to the bottom of the written letter that you're following it up by email; and on the email that you're following it up by post.

ShatteredDad

I am currently on day 25 and am preparing to send this via both email and letter. Can somebody please give it the once over and confirm it's ok?? Thanks in advance




P.C.N reference: XXXXX


Vehicle registration: XX07 XXX


Registered Keeper: (name insterted)





To whom it may concern


I write with reference to the above parking notice issued on 22.10.2016 at 17:31. I am the registered keeper of the vehicle in question, but I was NOT the driver on the day. I am denying all liability on the following grounds:


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, again see attached photo.


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.


If you are now cancelling the charge I require you to confirm, in writing, as part of the cancellation letter that you have now deleted any and all of my personal data you have on record.





Regards

Carthesis

Looks good, but I'd take out the part about NOT being the driver on the day.

ShatteredDad

Ok great, thanks.


So remove that part and just continue to talk about the driver as a third party?


Is that clear enough to them that the registered keeper and the driver on the day are not one and th same. Its obvious based on the wording but I'm concerned about the amount of braincells these people have

ShatteredDad

Ok last couple of Q's please. This is going in the post tomorrow so any help is greatly appreciated!


I notice in the letter I am sending it says '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.'


What are my other points? Sorry I may be being a bit dense with that question but really i only have one point, the payment machine was broken. Should I include somethng else?


Finally, should I add to the letter a piece about if they are not accepting my appeal, please read the following......and then include the replate from the newbies sticky? I feel it my be wise but you guys no best.


Cheers again

Silvertabby

Good luck - but your friend may have a problem if there were other (working) pay meters he could have used instead.

ShatteredDad

There were no working pay meters, we have no concerns whatsover about that. Believe me, they did not spend over 2 hours in the car for a trip to blackpool to worry about paying £3.50 to park the car.


'Frustration of contract' is a very appropriate term, because extreme frustion was felt when they discovered the pay machine was busted!

Carthesis

The "in conjunction with the other points above" part was when I was assuming you'd tag on to the "standard" letter template.

You might want to add something like

It is obvious that you had an employee on-site at the time by dint of the issue of the windscreen notice. It is unclear to me why this employee did not, at the time, seek to mitigate the alleged losses by either closing the car-park, or by manually collecting payment. This failure to mitigate, much as in the case referenced above, demonstrates that you do not intend to 'manage' the car park as you claim.

No need to add anything from the template, as they're IPC, so the very best you'll get offered is IAS, which is by all accounts throwing good effort after bad.

ShatteredDad

Perfect, thankyou. I will add that paragraph and then send it off tomorrow. Wish me luck


Thanks for all your hep, no doubt I'll be back on here once I receive their reply.

Umkomaas

I am currently on day 25 and am preparing to send this via both email and letter. Can somebody please give it the once over and confirm it's ok?? Thanks in advance

IPC operators normally only provide 21 days to submit your initial appeal.

Check the ticket you've received from them for the time limit.