PCS Notice To Keeper

travshepherd

Hi all

I've received a NTK today and I'm going to appeal using the blue text on the newbie thread but wanted to ask a question. As you can see they have stated that a NTD was put on the screen. I know for a fact one wasn't. I was not the driver I am the keeper.

Sorry having trouble in loading the pic.

The alleged incident took place on 11/11 and the NTK has the date 14/12. The main company is Parking Ticket LTD

Coupon-mad

Change the template (remove the paragraph 'should you obtain'...) and instead ask for photos of a PCN actually placed on the car.

Don't say who was driving in the added words, so nothing like 'I didn't find a PCN when I returned to the vehicle' etc.

travshepherd

Perfect. Thank you. I will keep u updated

travshepherd

As i’ve Had to amend can u have a check for me please? Have I can too far??

Dear Sirs

PCN Number –
Your Ref –

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 the Parking Eye 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 admission as to who was driving and no assumptions can be drawn. You must either rely on POFA 2012 and offer me a POPLA code, or cancel this charge.

As keeper I request copies of the photographic evidence of the alleged incident and evidence that a notice to driver was affixed to the vehicle or given to the driver. Any alleged breach of contract must be supported with sufficient evidence which has not been done in this case. Any alleged breach of contract without substantial evidence can and will be treated as slander, defamation of character and cause of distress and inconvenient.

As keeper and not liable for this invoice I will be forced to pursue any potential loss of earnings as well as reclaiming any incurred costs and reimbursement of time at my standard hourly rate of employment if this charge is not cancelled.

I do not give you consent to process any data relating to myself 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.

travshepherd

Oh sorry I forgot to mention they have said the fine is £120 and there BPA members??

Coupon-mad

Any alleged breach of contract without substantial evidence can and will be treated as slander, defamation of character and cause of distress and inconvenient.

I would remove the above as 'slander' makes no sense and the rest doesn't add anything worthwhile.

You could add that the NTK stating £120 is above the ceiling set by the BPA and also fails the POFA schedule 4, as the NTK must 'repeat the information' in any NTD which cannot have been over £100, if a PCN ever existed (which has not been proven). If no PCN existed, the NTK arrived far too late for keeper liability so, either way, they have no case at POPLA and should cancel forthwith.

travshepherd

This may be irrelevant but thought I would put it out there. I’ve done a bit of research whilst I wait for my appeal response.

The car park in question where the driver is accused of breach of contract has a few badly position signs, with ineligible text and no lighting. They are not at the entrance to the car park either. Any how my point being is the signs say the legion group however mine has come from a company not associated to them in anyway??

travshepherd

They also offer a discount but that is not shown on the NTK which I thought need to match any NTD, if one ever existed, exactly??

nosferatu1001

No, there is no discount at NtK stage. So no, that info does not need to be present.

Coupon-mad

travshepherd wrote: »

This may be irrelevant but thought I would put it out there. I’ve done a bit of research whilst I wait for my appeal response.

The car park in question where the driver is accused of breach of contract has a few badly position signs, with ineligible text and no lighting. They are not at the entrance to the car park either. Any how my point being is the signs say the legion group however mine has come from a company not associated to them in anyway??

Yes, the above has legs on any appeal or defence.

travshepherd

Just an update. No reply yet to my appeal which was sent 21/12/17.

I’m assuming the 21 days part excludes public holidays and weekends?

What’s the next step if I don’t get a response and are they working to different time frames than the 21 days in my appeal?