Parking Charge Notice when the meters were broke

Mr_Benn

As part of my first letter to them , I have asked ECP to name who the landowner is.
Im just holding fire until some kind person on here can say what they think of my letter below :


I challenge this 'PCN' as keeper of the car.

The reason for the refusal to pay the charge is that neither of the 2 payment stations within the car park were working at the time the vehicle entered the car park. One of the machines was showing an ‘out of order’ message. The second machine was not taking any denomination of coins at all. Other car owners were also failing to get either machine to work at the time. If you wish to proceed with the charge can you provide evidence of the machines log files showing that tickets were being issued at the time of entry to the car 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.

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.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

I have kept proof of submission of this appeal and await your reply.

Coupon-mad

That's fine. But ECP will not tell you who the landowner is and they don't have to. But most locations are easily Googled to find newspaper articles or commercial adverts for premises there, which give a contact name and/or email.

Mr_Benn

Hi Coupon. I used the template on this website , hence the part about asking about the landlord.


I have tried Googling it, but cant find anything (I wasn't sure if okay to name the car park on here ..maybe not as they might be monitoring ? )


The car park is next to an Iceland and a Tyre place.

Mr_Benn

Looking thru advice n several boards, and just saying the machines weren't working seems to be a bit of a no no . The problem is that's the facts for us. We have no photo evidence. So how do we best approach this ?
Thanks in advance.

The_Deep

You could always Ignore and see if they are up for court. It could cost them rather mire than they are claiming.

http://parking-prankster.blogspot.co.uk/2016/12/minster-baywatch-youve-been-gladstoned.html

http://parking-prankster.blogspot.co.uk/2016/10/link-parking-youve-been-gladstoned.html

http://parking-prankster.blogspot.co.uk/2016/10/peel-centre-machine-failure-transcript.html

Coupon-mad

Mr_Benn wrote: »

Looking thru advice n several boards, and just saying the machines weren't working seems to be a bit of a no no . The problem is that's the facts for us. We have no photo evidence. So how do we best approach this ?

What you said before was fine, you are over-thinking a stage of appeal that exists purely to get a POPLA code. It is better to mention (without saying who was driving) that the machines were not working, because it is possible ECP might cancel the charge early, due to this, and it is better to have an honest appeal point in there.

The only no-no is implying who was driving.

Mr_Benn

cheers coupon. Your probably right - and Im spending too much time on this (at this stage)


Will just go for it today and await their reply !


Thanks for the help so far guys - will let you know how I get on.


Meanwhile enjoy the rest of the xmas period and hope you have a happy new (ticket free) year

Mr_Benn

Sorry , one last point. Do I mention at this point that the 'driver' had no access to a mobile phone ?
Only ask this as having re-looked at the signage it says ' payment must be made by phone at time of parking . If you cant pay by phone use the machines. You may be issued with a PCN if park without payment'

Redx

never give them any ammunition !!!

you are overthinking this as the aim is to get a popla code , private parking companies rarely cancel at the appeal stage

Mr_Benn

Ok, thanks. Sorry ..as an Anxiety sufferer I guess I tend to over think stuff.