Appealing to Elite management ( midlands )

pegberto

Hi there, here is my draft Appeal letter.
( I held the door open for the old man in a russian hat who actually ticketed me. so wanted to get a backhand insult in there )
I also have photographs of several ticket machines at this car park that were out of order on the day.
Elite management is a member of BPA.
Have I got this Appeal letter right?

On 06/11/16 a PCN was placed upon the window of my car of which I am a registered keeper, the driver went to Asda to pick up a pre-paid prescription for a child, and also popped to get some bulbs ( I include the receipt of this transaction ) the driver was a matter of 10 minutes.

The driver’s return to the car was further delayed by an act of kindness, in holding the door open for a doddering, unstable old gentleman in a ridiculously large Pharell Williams proportioned Russian hat.
( I include a photographic example of this )

The driver didn’t get a parking ticket due to all the publicity of Asda scrapping its parking charges and there being so many parking machines out of order the driver naturally assumed this failure to maintain the basic equipment for ticketing was in accordance with this.
( I include photographic evidence of these out of order machines )

I am not ignoring your charge for a purported parking infraction. As the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company? I require their contact details and the full identity of the landowner.
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. If the charge is based on damages for breach of contract please provide your justification of this sum.
4. Is your charge based on an agreed 'fee' for the provision of parking? Answer yes or no. If so, please provide a valid VAT invoice for this 'service'.
5. Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery', specifically prohibited by the POFA 2012 Schedule 4. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data. For the avoidance of doubt, I do not consent to my data being shared or processed by you or your agents.

I contend you have failed to establish keeper liability. So, to continue to process my data now that you have exhausted your only DVLA-allowed purpose (i.e. to invite me to name the driver, which I decline outright) would be wholly unreasonable and contrary to the Data Protection principles. To share, sell, store or process my data at all now you are aware that you have no further excuse or reasonable cause, will be data misuse and I will report you to the Information Commissioner.

I deny liability for any sum at all and you should consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.

Yours faithfully,

Carthesis

If they're a BPA member, then it's the wrong letter.

Take out the stuff at the start - it's irrelevent. Feel free to mention that if the machines were all out of order when you attempted to pay that frustration of contract applies as has been ruled in recent parking cases (then refer to them as given on Parking Pranksters' Blog).

Otherwise, send off the letter in **BLUE** text on the Newbies thread. Don't send it off immediately - send it off around day 26 AFTER the event (with the event being Day Zero) - so around 2nd December.

pegberto

Ok, apologies, I'm a Newbie, there's such a lot to take in, and many thanks!
So this on the 2nd December.

Dear Sirs
Re PCN number: 54661

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.

Furthermore all visible parking machines were inoperable, which gives the false impression that the car park is abandoned in line with the much publicised event of Asda making the car park free to all its customers.
( I provide photographic evidence of several ‘Out of order’ parking machines )

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. 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,

Coupon-mad

What's the Asda connection? Is it a retail park? What happened when you complained to store managers/landowners.

Carthesis

Not that it matters, because they will auto-reject the first appeal you send to them, but the wording you've put in about the parking machines isn't what I meant.

I'm on my phone at the moment so it's a bit difficult to link things, but if you click on my username and search through my posts, you'll find one I wrote for someone last week about a very similar issue, quoting a court case in Port Talbot that was linked on PPs blog. I think you'd be better off using that wording.

pegberto

Its a multistorey car park attached to Asda superstore, however the top floor is seperate, an office or residentual car park.

pegberto

I'm sorry Carthesis, I couldn't find your post. Iooked through all of them from last week I think.

DollyDee_2

https://forums.moneysavingexpert.com/discussion/5550213

Hopefully this is the one Carthesis is referring to.

It's on page 3, #53.

pegberto

Got it, thanks DollyDee and thank you Carthesis, you guys are great!

Carthesis

That's the one.

in that particular instance, the consensus was that you were better not using the template letter, and sticking to that as your sole initial appeal point.

Make sure you keep in the bit at the start about being the RK and denying liability.

Remember 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.

pegberto

Ok, I'm getting to grips with this, and weirdly quite enjoying it.
So my aim is to:
1. Give up as I show intent to fight and 'basic' knowledge.
2. Forget to send me a Notice To Keeper, which gives me a technical win.
3. Get a POPLA code?

Could you point me in the direction of any info to read up on what happens if I get a NTK and a POPLA code?