Successful Civil Enforcement Appeal Letter

TomFrLondon

Thanks to the advice here, I thought I would share my letter, in case others could benefit in turn. I allegedly parked for 14 mins more than the allocated 1 hour limit in KFC Leyton. Complaint to KFC store manager and customer service did not yield anything more than a £5 KFC voucher.

******************************
Dear Sirs

Re: PCN No. XXXXXXXXX

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.

In addition, the charge is disproportionate and not a genuine pre-estimate of loss. The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner.

In my case, the £100.00 charge you are asking for far exceeds the cost to the landowner of 14 minutes. I therefore feel the amount you are asking for is excessive.

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.

In order to resolve the dispute I attach copies of the driver’s
1) Bank statement proof of £18.36 purchase at KFC retailer
2) Complaint letter and reference from KFC in regards to the incident
as the driver was a genuine customer.

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,

********************

Was emailed to appeals@ce-service.co.uk on 22/10, received letter response in the post dated 01/11
“We refer to recent communications with this office in respect of the Parking Contravention Enforcement Notice. We now confirm that this notice has been cancelled.”

:beer:

Good luck all, don’t let them get away with this

Umkomaas

Well done on getting it cancelled, but for any newbies reading this .....

In my case, the £100.00 charge you are asking for far exceeds the cost to the landowner of 14 minutes. I therefore feel the amount you are asking for is excessive.

Possibly unhelpful should this have gone to POPLA, or even court, given the Beavis v ParkingEye Supreme Court case!

beamerguy

Well done:beer:
Seems like the main muppets here are KFC