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PCN from NCP Leicester

Hi,

I received a PCN on my windscreen on the 19th of December via NCP.
As of now i have not responded but reading the forum it was advised to dispute on day 26.
I was issued a ticket for "Code F2 - not parked correctly within the markings of the bay space"

The bay markings are very unclear and are faded. (im not allowed to post links or insert an image with links so i dont know how to show you?)


On day 26 should i just submit an appeal on the website and say who the driver was and the grounds on appealing, or should i send the below?

Dear Sirs

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

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

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.

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 and the landowner/principal in your contract, for a sum not less than £250 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 look forward to your reply.

Yours faithfully,

I would appreciate any help.

Thanks in advance

Rax

Comments

  • Coupon-mad
    Coupon-mad Posts: 152,947 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You certainly do NOT say who the driver was! Just do as the NEWBIES thread says.
    On day 26 should i just submit an appeal on the website
    Yes, as registered keeper.
    and say who the driver was
    No. That is what will win it for you at POPLA stage!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    On day 26 should i just submit an appeal on the website and say who the driver was and the grounds on appealing, or should i send the below?
    What did the NEWBIES FAQ sticky tell you to do?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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