Received PCN for not being able to pay

exotic_butters

Hello,

I am writing this thread as I have received a PCN, and would like advice on how to resolve the matter. I will split this thread into the following sections:

• My Story
• Research I Have Carried Out
• Appeal Status

My Research
Research I have carried out includes looking at various forum threads on this site, in particular the NEWBIES thread, citizens advice, which, parkingcowboys & some various news articles online.
After this I decided it would be best to use the NEWBIES template (provided by coupon-mad) for a first appeal, after researchingand finding out that Civil Enforcement are a BPA member.

My Current Status
As of writing this thread I have taken no action, and am at the stage where I need to write an appeal within 28 days to Civil Enforcement via the website or post. My initial thoughts was that it would be best to tailor coupon-mad's template to my current situation, however I am struggling to what to write in my appeal, as a lot of external websites offer templates but do not cover the scenario where the car park owners payment method is not working, and I have struggled on here to find similar scenarios. Below is what my current appeal looks like:

Re PCN number:

I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.

Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).

I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Formal note:

Service of any rejection letter/POPLA code and/or legal documents by email is expressly disallowed. All responses to me from this point on, must be made by post. Regardless of any MCOL online/email system, service of any court claim must only be made by first class post to the latest address provided by me.

Yours faithfully,

If anybody has any tips on how I could improve this, such as adding additional information that would be great! (Or if you think I don't have a good case, and would be best to just pay then please let me know!).Again if I have missed any info which you may need please let me know, and I will be happy to post that info.

Thanks.

twhitehousescat

please go back and read the newbies thread with reference to stating who was driving , , edit you post to remove the word "I did this , I did that" , and I will delete my comment

exotic_butters

ok thank you

twhitehousescat

ok , please say you did not send the original you posted , the newbies thread has a simple template letter for appeal that works well for companies that are members of the BPA , you will then get a POPLa code - can appeal and state the reason the DRIVER could not pay

please edit your original post NAMING YOURSELF and edit the post quoting me , parking Cos follow those threads and will use against you

Coupon-mad

My initial thoughts was that it would be best to tailor coupon-mad's template to my current situation,

No, send it 'as is', no changes. The template is not there to be altered!

Honestly, they'll cancel because they know you are on MSE (it sends a subliminal message).

So you forget all of this, at this stage, and do you not realise you've said the keeper is the driver?:

I am challenging this parking ticket because, as the keeper of the vehicle, the driver wanted to pay the £4 daily fee to use the car park, for a day as they needed to park the car and take the train to work. However, when the driver went to use the pay by phone service to pay the fee, was greeted with a voicemail stating the service was down. The driver then went to read one of the signs in the car park which stated that payment must be made within 10 minutes of parking, and offered no other advice on how to pay without using the pay by phone service. At which point the driver had no choice but to leave the car there as the driver needed to catch the train to work.

exotic_butters

Coupon-mad wrote: »

No, send it 'as is', no changes. The template is not there to be altered!

Honestly, they'll cancel because they know you are on MSE (it sends a subliminal message).

So you forget all of this, at this stage, and do you not realise you've said the keeper is the driver?:

Hi Coupon, thanks for replying. Ok I shall send the template 'as is', reason being why i altered the template was to tailor the appeal to my scenario. When you say they will decline, is my best bet to then (after declining my appeal) to then write a second stage POPLA appeal?

twhitehousescat

follow CMs advice and remove all extras inc "I" , THE DRIVER DID , is the correct wording

Quentin

exotic_butters wrote: »

... When you say they will decline, is my best bet to then (after declining my appeal) to then write a second stage POPLA appeal?

Your best bet is to study the newbies faq thread as everyone is politely asked to do before starting a new thread


Had you done that you would not need to ask this question!


And do take the advice you have been given so many times to edit your post to remove details of who was driving!

Coupon-mad

I didn't say they will decline!

Read it again!

Fruitcake

You need to edit posts 1 and 3 to remove information about who did what.

Do this before you do anything else.

Only ever refer to The Driver and The Keeper, who are two different people. The Keeper has certain protections in law that The Driver does not.

This is explained in the NEWBIES, and several posters told you to remove the incriminating evidence.

Parking scammers read these threads and have been known to use the evidence gleaned from here against the motorist.

exotic_butters

Thanks for replying, i've taken CM's advice and editied my appeal to match EXACTLY that of the newbies template.

Quentin wrote: »

Your best bet is to study the newbies faq thread as everyone is politely asked to do before starting a new thread


Had you done that you would not need to ask this question!


And do take the advice you have been given so many times to edit your post to remove details of who was driving!

Thanks for replying, as I said I did read the newbies thread and cannot recall seeing anything relating to this, nevertheless i shall re-read the thread as apparently I must of missed this part, thanks.