astell retail park pcn

Philip5803

Hi,

I pretty sure i paid for a ticket on this retail park but I have been given a PCN by my employer, as the car was leased by them through enterprize I no longer have the ticket.

I need to appeal it does anyone have any templates I can use please?

Coupon-mad

Yes, in the NEWBIES PLEASE READ THESE FAQS FIRST thread. See below, 2 clicks back.

Philip5803

where I cant find it helppp

Redx

top of this forum , third thread down

use a laptop, not a phone

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

Philip5803 wrote: »

where I cant find it helppp

What part of see below 2 clicks back, and my signature, did you not understand? LOOK BELOW.

Philip5803

Ok thanks

does this look ok?


Dear Sir/Madam,

Re PCN number:

I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

I am not liable and 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 are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully,

Philip5803

Coupon-mad wrote: »

What part of see below 2 clicks back, and my signature, did you not understand? LOOK BELOW.

does my draft letter look ok?

Thanks for your help

Redx

if that is the draft letter in post #1 of the NEWBIES sticky thread then OBVIOUSLY it looks ok , because CM drafted it !!

on the other hand , you have not altered the bottom line to remove the irrelevant part, and we cannot tell you which bits to remove because we have no idea who the PPC is , nor which ATA they belong to

BUT, having said all that , this is a leased vehicle, so different rules apply and so you should really read the EDNA BASHER sections for leased vehicles and use those ideas and letters

Philip5803

Redx wrote: »

if that is the draft letter in post #1 of the NEWBIES sticky thread then OBVIOUSLY it looks ok , because CM drafted it !!

on the other hand , you have not altered the bottom line to remove the irrelevant part, and we cannot tell you which bits to remove because we have no idea who the PPC is , nor which ATA they belong to

BUT, having said all that , this is a leased vehicle, so different rules apply and so you should really read the EDNA BASHER sections for leased vehicles and use those ideas and letters

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (!!!8220;PCN!!!8221;) issued to me by Highview Parking Ltd (!!!8220;Highview!!!8221;) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (!!!8220;POFA!!!8221;) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Highview!!!8217;s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Highview has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


this one?

Coupon-mad

Yes of course, if your parking firm was Highview.

You need to turn off your Smart Punctuation. It's causing the !!!8217; glitch.