PCN Newbie

JohnStar

I have never appealed for anything before, so feel a bit nervous. I simply email them, with the text below - right?

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.

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, 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,

Redx

JohnStar wrote: »

I have never appealed for anything before, so feel a bit nervous. I simply email them, with the text below - right?

what does the pcn say about appeal methods ?

if it says email , then yes , email it

if it doesnt , and they usually dont allow emails , then follow the instructions on their pcn , with that BLUE TEXT template appeal

JohnStar

I can appeal via email, I was just checking that I had the correct text to send them

JohnStar

Thanks all, appeal lodged, I now await their reply ...

waamo

Get doing your research now. The appeal will be turned down (99% are at this stage) then you can win at POPLA. It really isn't too dificult.

JohnStar

I used the template and I've just received a letter to say that the charge has been cancelled. Thanks to everyone for your advice and patience!

Coupon-mad

Easy when you know how!

Spread the word (although different companies need a different approach).

JohnStar

Rather annoyingly, the keeper has received another PCN under identical circumstances for a few days after. Will the template work a second time?

Umkomaas

JohnStar wrote: »

Rather annoyingly, the keeper has received another PCN under identical circumstances for a few days after. Will the template work a second time?

It might do - try it and see. Leave it a little while for the dust to settle on your previous interface with them, but do not miss their 28 day deadline.

Will the template work a second time?

What were you thinking of doing if we had said 'No'?

JohnStar

It might do - try it and see. Leave it a little while for the dust to settle on your previous interface with them, but do not miss their 28 day deadline.

How much dust settling time do you suggest? I appealed via email and will use a different address to appeal this time

What were you thinking of doing if we had said 'No'?

I thought you might say yes

Thanks once again for everyone's help.