Quick help with parking charge from ppc

Cman

Hey all, thanks in advance. I suppose I just want confirmation from someone before I submit an appeal.

My car was subject to a windscreen PCN on metro link car park, Manchester. Monitored by careparking PPC, BPA member. Reason they state, is it was left overnight on the free car park on a weekday, which isn't allowed. This is infact allowed on weekends however.

It's been a few weeks now, not received any correspondence yet or an NTK. Looking to lodge the appeal to the PPC and saw the template which I've pasted below to double check this is the correct one.....


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.

So do I literally just send the above by email with my name and address at the bottom? Also at the beginning of this it states 'I challenge this PCN as keeper of the car'. Is that correct, or should I be saying I'm the registered keeper of the car. Is there a difference between the keeper ( being the driver at the time) and the registered keeper (the person who is on the log book) or am I overthinking it?

Redx

overthinking it

tell em nowt !!

use that blue text template "as is" on day 26

you are hoping they never send the NTK , which has to arrive between day 29 and day 56 if POFA2012 was to work

we believe it is not relevant land anyway, so the KEEPER is not liable

they will refuse the appeal, so then you adapt a recent METROLINK CARE PARKING popla appeal by somebody else and adapt it to suit

if you as KEEPER of the vehicle are not liable , then anything else is irrelevant , this is the stance you are taking with this (not from the drivers perspective at all)

read those other threads, one was recently won using the same tack because CP did not submit any landowner evidence (or none at all, I cannot remember)

stay as keeper and you should win, forget about RK or driver or owner or any other entity

Cman

Thanks for the clarity.....one thing though, I'm sending the appeal now but it is actually Day 27. Will that make any difference?

Redx

no , just do it asap

see post #2875 of the POPLA DECISIONS thread for the recent case I helped with in this thread

https://forums.moneysavingexpert.com/discussion/5730415

Cman

Great, thanks Redx. Last time I had one of these I just ignored it, nothing happened but that was years ago. The private parking industry appears to have evolved somewhat since then!

Coupon-mad

Cman wrote: »

Thanks for the clarity.....one thing though, I'm sending the appeal now but it is actually Day 27. Will that make any difference?

Fine as long as you do this online tonight, NOT by post!!

Redx

Cman wrote: »

Great, thanks Redx. Last time I had one of these I just ignored it, nothing happened but that was years ago. The private parking industry appears to have evolved somewhat since then!

things changed in 2012 and in 2016 too (pofa and beavis)

we have never told people to IGNORE since oct 2012 (or march 2013 to be precise) which is why the NEWBIES sticky thread start date was about that time, although it has been updated frequently since

the PPC has 6 years to try a court claim, so the claims for 2012 are happening right now in 2018 in some threads

it is only rightful to say "nothing happened" after 6 years have elapsed , not before

Cman

Thanks for the info on that.

Just tried to log the appeal on the PPC website. Bit cheeky this but they won't let me submit the appeal. There are two tick boxes, to appeal as the driver or registered keeper. Whenever I tick the RK box and click submit. It just asks me to tick the box for the driver.

Will email them the appeal instead

Coupon-mad

Cman wrote: »

Thanks for the info on that.

Just tried to log the appeal on the PPC website. Bit cheeky this but they won't let me submit the appeal. There are two tick boxes, to appeal as the driver or registered keeper. Whenever I tick the RK box and click submit. It just asks me to tick the box for the driver.

What?

Email a complaint to Steve Clark at the BPA about this:

https://forums.moneysavingexpert.com/discussion/comment/73728604#Comment_73728604

Remind him about the instruction the BPA sent to all members in 2014, shown there.