Parking notice, how should I appeal?

funinabox

Hi all,
Have read the Newbies thread but am left unsure what my next course of action should be as there are a couple of issues which seem to make my case not quite as straight forward as many. Or maybe it is just that my brain has been scrambled by the children, if so apologies!

Briefly, I have received a PCN from UKPC. I was not the driver. The driver overstayed the time limit in a well known fast food company's car park but was in the premises the whole time. Sadly there is no receipt though.

Nothing was put on the car in the car park. First letter was the Charge Notice received 16 days after the so called offence although the date on the letter is only 8 days after. It was sent by 2nd class mail so I'm not sure if they didn't send it straightaway or if there was a delay in the post. Not sure from what I have read if this makes a difference.

My question is what to do first? I was going to send the standard letter template on the newbies thread but should I mention the timing of the Charge Notice?

And is it even worth appealing to this company based on the fact that there was an overstay (though that makes a really hefty parking rate per hour for a paying customer)

Please help!

Coupon-mad

I was going to send the standard letter template on the newbies thread but should I mention the timing of the Charge Notice?

I would do that, yes - and attach a scan of the envelope showing it's 2nd class post - and tell them they are in breach of the BPA Code of Practice and the AOS handbook in not acting professionally by posting a Notice by second class post the week after it was *dated*. Tell the you are giving them one chance to cancel this at this stage or there will be a formal complaint made to the BPA.

See what response, if any, that gets.

And is it even worth appealing to this company based on the fact that there was an overstay (though that makes a really hefty parking rate per hour for a paying customer)

Yes because UKPC often give up at POPLA stage and sometimes at this early stage. If not, then almost every POPLA appeal here wins, typically UKPC (if they contest one) don't include the landowner contract in their POPLA evidence and/or can't show clear signs to save their life.

Look at the UKPC photos of the event on their website now - illegible sign photo, guaranteed! That gets used in your POPLA appeal as well as the usual stuff that wins.

Umkomaas

Also complain to the fast food outfit and insist they get it cancelled - or the driver and family will, in future, eat far more healthily.

funinabox

Umkomaas wrote: »

Also complain to the fast food outfit and insist they get it cancelled - or the driver and family will, in future, eat far more healthily.

I wish I had that kind of influence :rotfl:

funinabox

Thank you Coupon-mad, I will give that a go. Fingers crossed.