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NCP Appeal draft

PCN_chap
PCN_chap Posts: 2 Newbie
edited 2 October 2018 at 5:30PM in Parking tickets, fines & parking
Hi all



I am looking for some help with a NCP appeal draft as below,

Quick background on this, paid and displayed at a NCP car park, received PCN a couple of weeks later (ANPR) due to entering my other vehicles reg by mistake! I have the ticket and proof of keeper for both vehicles. Genuine mistake


Having read the newbies area (my brain hurts) I have cut and pasted the PCN appeals template, i then added a bit about wrong vehicle reg etc. Not sure if this is required or helpful to my case?

Please can you have a look and provide guidance on any changes I should make before appeal the £100 charge (£60 if paid within 14 days)

your help is appreciated
many thanks
PCN chap


Re PCN number: xxxxxxxxxxxx



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.



This is a simple incorrect vehicle registration number issue, a valid ticket was purchased and correctly displayed for the sum of £5.50, so In order to resolve the dispute quickly and simply for all parties I attach copies of the following documents showing the purchased ticket and V5C documents proving I am the keeper for both vehicles:


Parking ticket for the date/time


V5C for the incorrect VRN xxxx xxx


V5C for the correct VRN xxxx xxx


From your ANPR records you will see that no vehicle with the VRN xxxx xxx entered the Burrell Road car park on the date and time shown on the ticket.



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,



Vehicle Keeper

Comments

  • Hi All I am still looking for advice on my draft as shown in my 1st post and I greatly appreciate any input before I send it. I have a couple of questions


    1. Should I include the last two paragraphs starting "Firms of your Ilk" as this seems slightly "harsh"?
    2. Am I missing anything important that may help with this?


    I really appreciate the time spent to read this and any comments/observations made


    thanks PCN chap
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    as long as the DRIVER is not identified, so appeal as KEEPER, then it doesnt really matter too much about what is said. ie:- PPC,s routinely reject appeals anyway

    you may remove the paragraph you dont like if you want to , your choice

    you can add the info and evidence, but do not assume this will kill off these charges (it may do in court, in front of a judge, where "de minimis" applies)

    so by all means try it , but it may well be that this goes to popla and you need legal arguments for popla, so you may win on a different technicality


    good luck
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