PCN envelope on car but no ticket inside!

Bexter8

hxxps://drive.google.com/file/d/0B566YVH_AwVqRkd4akZwM1F5MVk/view?usp=sharing

The_Deep

If there is some discrepancy in the amount shown on the sign and that of the invoice this may be an offence under the Trade Descriptions Act.

Report the matter in writing to the Trading Standards Department of your local authority.

Guys_Dad

Following court logic and Beavis, it seems that the £1 was the offer that enticed you to make tye contract to [ark and you paid sufficient to cover your parking at that rate.

The ticket machine not following the contract agreed is not, frankly, your concern.

Coupon-mad

Sign pic below, the offer is £1 per hour, therefore the driver paid the correct amount, £3 for the 3 hours. The machine overcharged the driver, and is in fact in breach of the advertised offer:

https://drive.google.com/file/d/0B566YVH_AwVqRkd4akZwM1F5MVk/view?usp=sharing

I would say report them to Trading Standards but it would be a shame to alert them and get that useful banner removed, seeing as it will help other people appeal with the same issues raised at POPLA. So let sleeping dogs lie.

The good news is that's clearly not a POFA PCN, it doesn't have the wording needed under para 8 of Schedule 4 (linked in the NEWBIES thread, take a look, it does not comply). So, as long as the keeper appeals the NTK in good time using the template in the NEWBIES thread, and maybe adds that ''the driver'' paid the right amount for 3 hours parking, then you will win at POPLA in the end.

Easy one to win, do not write anything by accident, that implies who parked/paid the £3. Stick to the NEWBIES script.

Save your photo for your POPLA appeal.

They can't hold a keeper liable. if you don't say/imply who parked, you win. Better than that, if they take you to POPLA stage the keeper can also add the usual stuff from post #3 of the NEWBIES thread and an extra point as explained above (that the advertised offer was £1 an hour and the driver paid £3, and if anything, it appears the machines are set to overcharge so the 'offence' is One Parking's, not the driver).

Bexter8

Thank you everyone! Here is my draft appeal for the online form, is this OK with the added bit about the £1/hour?

Dear Sirs

Re: PCN No.

---

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

I believe that the driver on the date of this alleged expired ticket paid the full amount due for 3 hours of parking as stated in the large banner sign visible on driving up to the car park advertising the rate at £1 per hour. Any other 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.

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.

If you have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Coupon-mad

[STRIKE]Tempted to suggest, if you can prove the date you took that photo of the £1 per hour banner (because you must prove everything you say at second stage) this may be worth trying an IAS appeal![/STRIKE]

Ignore me!
I was thinking it was SSS - as it is One Parking, they are BPA so POPLA is the way forward.

Bexter8

Having read the Newbies thread again about IAS, what would be the advantage of that over POPLA as it seems best avoided? A photo of the sign was taken using a camera phone on the date in question so I'm guessing meta data would prove that's when it was taken?

Umkomaas

Bexter8 wrote: »

Having read the Newbies thread again about IAS, what would be the advantage of that over POPLA as it seems best avoided? A photo of the sign was taken using a camera phone on the date in question so I'm guessing meta data would prove that's when it was taken?

One Parking Solutions are BPA operators, so POPLA is available to you. Not sure why CM mentioned IAS (which, happily, is unavailable to you).

Difference between the two?

POPLA - you have a very good chance of winning

IAS - you have no chance of winning.

If you haven't already done so, send off the blue text initial appeal from the newbies sticky, post #1 to the PPC, which will be rejected with a POPLA code then supplied to you - then you're on the way to winning.

How to win at POPLA (once you have that code) is shown in post #3 of the sticky.

Bexter8

So is what I've written OK? Should I add a line about it being a breach of Trading Standards to have issued a penalty.

Quentin

You should be sending the blue text appeal in the newbies FAQ thread as advised in #29.

That is designed to get you a popla code.