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help!!
bigmantin2
Posts: 2 Newbie
hi guys, ive been reading through peoples suggestions and been looking at different templates i am new to this and driving and was looking for some help. i have typed up an appeal to a postal PCN form britannia parking and was looking for some feedback
Dear Sir / Madam
Ref: PCN xxxxxxxxxx
I write as the Registered Keeper of the vehicle which is the subject of the above PCN.
Your notice fails to comply with the requirements of the Protection of Freedoms Act 2012 to hold the registered keeper liable.
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.
The photographic evidence on the PNC shows no evidence of parking on this site, instead it merely shows a vehicle is driving at an intersection and along a road. In accordance with BPA Code of Practice point 20.5a:
“When issuing a parking charge notice you may use photographs as evidence that a vehicle was parked in an unauthorised way. The photographs must refer to and confirm the incident which you claim was unauthorised. A date and time stamp should be included on the photograph. All photographs used for evidence should be clear and legible and must not be retouched or digitally altered”
Neither of the images you have entered on this PCN meet this criteria.
I therefore require that you cancel the charge or provide me with the required POPLA code in order that I may arrange for you to be instructed to cancel it.
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.
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,
Registered Keepe
Dear Sir / Madam
Ref: PCN xxxxxxxxxx
I write as the Registered Keeper of the vehicle which is the subject of the above PCN.
Your notice fails to comply with the requirements of the Protection of Freedoms Act 2012 to hold the registered keeper liable.
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.
The photographic evidence on the PNC shows no evidence of parking on this site, instead it merely shows a vehicle is driving at an intersection and along a road. In accordance with BPA Code of Practice point 20.5a:
“When issuing a parking charge notice you may use photographs as evidence that a vehicle was parked in an unauthorised way. The photographs must refer to and confirm the incident which you claim was unauthorised. A date and time stamp should be included on the photograph. All photographs used for evidence should be clear and legible and must not be retouched or digitally altered”
Neither of the images you have entered on this PCN meet this criteria.
I therefore require that you cancel the charge or provide me with the required POPLA code in order that I may arrange for you to be instructed to cancel it.
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.
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,
Registered Keepe
0
Comments
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is that the same as the template letter in the newbies thread?0
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No it's an old version and won't work, as Britannia PCNs are POFA compliant. The OP should just use the forum template, as a stepping stone to get a POPLA code, and of course giving the name and address of the keeper (as per the PCN that already named them).
No such thing since the GDPR updated the DPA in May!a Section 10 Notice under the DPA.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
gosh I wonder how they missed the newbie thread0
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