NTK PCN - challenge rebuffed with no information

ad832076

Very useful to have seen all the information on here - thank you to everyone. I have followed the advice I can find but I have drawn a blank now...

My daughter parked in an MJB owned car park (in Norwich) one evening for 15 minutes (she is a new driver, didn't see the signs, careless!) and my wife (reg. keeper) received a PCN/NTK in the post for the £60 within 14 days going up to £100. From the advice on the forums I sent the letter pasted at the bottom here (via the online form for the company - Parking Protection based in Wymondham, Norfolk). I have had a very short reply which is:

"Dear

Appeals cannot be handled by this department, please follow the instructions on the paperwork you have received.

Regards
Enquiries Team"

I have read in detail everything I can find that is relevant but I have drawn a blank and am resigned to now pay the charge... have I reached the end of the process or am I missing something? If you've read this far - thank you. If you can help THANK YOU!

ad832076


Dear Sirs,

Re PCN number: XXXXXX

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,

Redx

seems to me its actually NPE (not parking protection), an IPC member , so just follow the IPC advice (but you appear to have followed the BPA advice which was incorrect in this case, but it is what it is)

as they turned down your appeal , you dont have to pay unless a judge says so

therefore you are in IGNORE mode for 6 years , unless you get an LBC or an MCOL in the post

welcome to the dubious world of the p@rking sc@mmers (ex clampers)

ad832076

Thank you. I will look at the IPC as it was NPE. I have obviously misinterpreted the instructions (I thought I had been careful!). "Ignore mode" makes me nervous!
Thanks again...

Redx

it makes us all nervous , but if you are sent a PRIVATE INVOICE and disagree with it , then the small claims court is the only solution , as seen on Judge Rinder daily on ITV

ad832076

I can't see that I have anything to lose by waiting for the 26 days and sending out the other letter then..? And seeing what that yields. I'll give my daughter the option of paying £60 now or the potential of cancellation/£100 later!!

Redx

the appeal template for the IPC should be sent by the KEEPER anyway , to NPE themselves , regardless , because the other one fobbed the keeper off and told them to use the correct procedures , no need to wait until day 26 as these were postal notices

after that its IGNORE MODE for 6 years (small claims statute , brought in during 1973)

if court proceedings were issued, and the keeper lost , its potentially a £175 loss

if the landowner cancels, or NPE cancel , or you win in court , its between zero and + £90 to the keeper

tell the wife , daughter and yourself that these honeytraps of "free parking" exist to catch the unwary , like the trapdoor spider does

if you read the court section and read about what BARGEPOLE says about the pitfalls in defences "not seeing the signs" is not a defence - the driver should always be looking for and complying with signs , like on the road

Fruitcake

ad832076 wrote: »

I can't see that I have anything to lose by waiting for the 26 days and sending out the other letter then..? And seeing what that yields. I'll give my daughter the option of paying £60 now or the potential of cancellation/£100 later!!

Some IPC members only give 21 days not 28, so be sure which it is and don't miss the deadline to send the IPC template from the NEWBIES thread.