Britannia parking pcn

sil74

Hi all, thanks in advance for any help you will be kindly providing.
Briefly somebody recently went into a pub car park operated by Britannia and failed to pay for a ticket.
The driver honestly didn't notice the signs or pay machine
Stayed less than 20 minutes 18 to be precise which makes the pcn way out of proportion
I myself have had these in the past, ignored them and gone away but I understood after recent rulings we are under obligation of disclosure of driver name.
The driver would pay a reasonable amount but not the unfair 60 pounds they are asking for.
I have read the newbies forum on pcn and see the standard template for appeal which does not admit who the driver was and is centered on poor signage.

Questions from my side are:
1 is that right we can still choose not to disclose the name of driver when we appeal?
2 how do we find the full terms of the alleged contract?
3 driver would not mind paying a small amount plus some expenses for it, say an offer of 10 pounds would well cover costs. Is this a no no to do in the appeal?
Happy to post a photo of the pcn if it helps and thanks again

KeithP

The first post in the NEWBIES FAQ sticky thread tells you exactly how to deal with this.

Just send the blue template appeal.

That's all at this stage. So simple.

Never give away the driver's identity.
That means you need to edit your post to remove all clues to who the driver might have been.

Everything that happened on the day happened to the driver.

Since then the keeper received the PCN.

You should not be using I, myself, or any such words.

For example, your third sentence should start:

The driver didn't notice the signs or pay machine...

Adjust the rest of your post similarly.

sil74

Keith thanks for your reply and suggestion I have edited accordingly

Is this the txt I should be using?

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.

KeithP

How many blue template appeals did you find?

sil74

Fair point better sure than sorry ;-)

Quentin

Have you seen how busy this forum is - often with threads requiring things repeated that are set out in the FAQ.


There is no need to seek reassurance if you are following the FAQ - it's bang up to date

Coupon-mad

Without being unwelcoming to people who really need help (and this easy stage is not it) we need to stop threads asking us to repeat what's in the NEWBIES thread. We can't have this, or the forum will drown.

sil74

My appeal was rejected as expected and received a POPLA appeal code from Britannia. Is it ok for me to post here a draft version of the appeal once I put it together?
Also I noticed reading a few examples in the forum that most are based on the following: The Notice to Keeper does not comply with sub-paragraph 9 (2)(f) POFA 2012, as far as I can see and understand mine was compliant so will have to omit this bit unless any of you has specific experience with POPLA appeals Vs Britannia which would be greatly appreciated.

Fruitcake

Are you the original poster? If so it would be prudent to explain why you have a different but similar username instead of using the original one you signed up with.

If you are the same poster and can't remember your original login details, you should contact a Board Guide to get it changed.

waamo

sil74 wrote: »

My appeal was rejected as expected and received a POPLA appeal code from Britannia. Is it ok for me to post here a draft version of the appeal once I put it together?
Also I noticed reading a few examples in the forum that most are based on the following: The Notice to Keeper does not comply with sub-paragraph 9 (2)(f) POFA 2012, as far as I can see and understand mine was compliant so will have to omit this bit unless any of you has specific experience with POPLA appeals Vs Britannia which would be greatly appreciated.

Please start your own thread for advice. It gets really confusing answering several people in one thread.

Coupon-mad

Unless you are the same poster?