HELP! Britannia Parking Fine

LaaLaaLady

Hi guys.
So I’ve drafted a letter which I will try to appeal online with Britannia.
Could somebody please let me know if this is ok?

“Dear Sirs
Re: PCN No. ....................
I am the keeper of the vehicle.
I am now aware of your purported 'parking charge' and I challenge this.
I require the following information so that I can make an informed decision:
1. Who is the party that contracted with your company and are they the landowner?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

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

Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

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”

Do I need to add/delete anything from this?
Or is it good to go....

KeithP

Where did you get that from?
That seems to be an IPC appeal with a paragraph mentioning PoPLA added.

Why are you not considering using the already written and proven blue text appeal in the NEWBIES FAQ thread?

LaaLaaLady

??? This one? This is the only template in blue in the newbie section for BPA members...
As I wasn’t there at the car park... why would I even mention the signage?

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,

KeithP

LaaLaaLady wrote: »

As I wasn’t there at the car park... why would I even mention the signage?

As it says, because the "unremarkable and obscure signs were not seen by the driver" might be one reason.

Conversely, why would you be asking questions designed for a IPC AOS member company when your company is a BPA AOS member?

LaaLaaLady

I’ve only recieved a ‘final reminder’ letter with no photographic evidence.so is not best to ask for it, see what they have It actually doesn’t even state how much this ‘charge’ is actually for! Just says ‘will increase to £160 if further action taken”
It keeps stating in threads I need a popla code for appeal....
Why would I mention about the signage when I wasn’t even there?
I’m getting in a muddle now.

Redx

because you question everything and accept nothing

very few signs conform to the rules and regs in this country and sometimes they dont even have council approval either , many parking companies fail on signage

if you dont query a legal point, it wont be debated

so use the blue text appeal "as is" and appeal this pcn, asap, using the best method listed on their NTK, preferably online

just accept that the regulars here know what they are doing even if you dont

I dont know how to fly a plane or what the signs in the cockpit mean, but I trust what the "drivers" (pilots ie:- the captain and first officer) know so that if they say put the seatbelt on, I must do so for reasons unknown to me

just do it

LaaLaaLady

Ok. So I scrap what I’ve written. And just send the second one.
Shall I not mention then for the photographic evidence??

Redx

no , just use the blue text template as is, save asking for evidence etc for later in your popla appeal

the template is used to get the popla code

LaaLaaLady

Haha. Ok. Fair point.
Here goes.
I’m going to do it right now. X

Quentin

When did this happen? You look to be too late to appeal