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Cpn

Hi can I apologise firstly I have been through the newbies forum to appeal a parking charge notice which was issued 6/4/18 it has a picture on my reg plate time of entry 09:19 and exit 10:33 I didn't even realise id gone over until this letter was issued to me. Please can you tell me if this is the right letter template?? If not please can someone copy and paste here for me which I would appreciate and be very thankful :o


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

Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    The correct template is printed in blue in post 1 of the Newbies thread you have read.
  • Dear Sir/Madam,

    Re PCN number:!

    I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. 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,!


    This one then. Thanks for your help. Think I got to into reading to further down the forum then confused myself :cool:
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who is the parking company?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    That's the one.
  • Euro carpark
  • Quentin
    Quentin Posts: 40,405 Forumite
    Have you found out whether they are BPA or IPC? (Hint -;they aren't IPC!)

    Edit the last paragraph of the template!
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    When was the date of contravention?
  • 31st March

    Ive already sent it:undecided

    Will update on the outcome
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    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.
    You never know how far you can go until you go too far.
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