Please could somebody kindly check my appeal wording to CEL

LucyS

Apologies in advance if I'm posting in the wrong place



Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

I have no reason to believe that the vehicle mentioned was parked as alleged. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

LUCY S (KEEPER)

Umkomaas

Is that any different to the template in the NEWBIES FAQ sticky, post #1? If so, please highlight what you've added (or say what you've removed).

LucyS

Hi

Yes I think this is one somebody sent in as a template of one they used and had an appeal upheld by CEL.

My point is the signage was in no way clear or visible so wanted to add this as a main point which the MSE template didn't see. I'm a bit confused by it all.

Thanks

Lucy

KeithP

It really doesn't matter what it says - as long as it doesn't give away the driver's identity.

It is widely thought that PPCs don't bother to read most appeals - there's no money in accepting appeals.

Unless you have an overriding reason not to, just send the blue text appeal from the NEWBIES thread unchanged.

LucyS

Thanks, so are you suggesting it is highly likely to be denied?

KeithP

LucyS wrote: »

Thanks, so are you suggesting it is highly likely to be denied?

Yes.

Although sometimes a PPC will recognise a template appeal from this forum and realise that pursuing it is going to be hard work.
They may in that case accept the appeal.

Bit of a gamble really.

LucyS

KeithP wrote: »

Yes.

Although sometimes a PPC will recognise a template appeal from this forum and realise that pursuing it is going to be hard work.
They may in that case accept the appeal.

Bit of a gamble really.

Thanks.

So you'd 'say/reccommend' if appeal is rejected, pay up?

KeithP

LucyS wrote: »

So you'd 'say/reccommend' if appeal is rejected, pay up?

No, definitely not. How on earth did you come to that conclusion?


If appeal is rejected then all your arguments can be channelled into your PoPLA appeal.

Have you read the NEWBIES FAQ sticky thread yet?

LucyS

Yes I have. Hence me questioning that as I assumed the consensus is to then appeal again via Popla but I do not want to then find out that popla don't withhold many and i'll have to pay the higher amount of £100.

You'd think if people got off by way of signage not being appropriate, that they would quickly change the signage. However I assume they rely on people just paying on first letter.

KeithP

But there is no money in making the signage 'appropriate'.

If the signage was 'appropriate' then everyone would read and understand it and there would be no opportunity for them to 'trap' motorists.

It is only by having unclear signs that they make any profit.

As another poster, The Deep, has said many times - you are not dealing with John Lewis here.

Coupon-mad

OMG, ''pay up''? Despite the fact these are so easy to win at 1st appeal or POPLA?
No-one here pays money to CEL!

Please just use the template appeal, it's used for a reason that you are unaware of...that is, that CEL recognise it and may fold first go.

Don't ruin that chance by going off piste.

If they don't, then win at POPLA by reading the 3rd post of the NEWBIES thread.