Multiple PCN/NTK

WoodyTheCowboy

Hello all,

A little advice would be appreciated on the template to be used to appeal a total of FOUR PCN/NTK's the keeper received for alleged parking contravention. They were issued by Excel Parking Services Limited.

The keeper has read the NEWBIE section and many other threads on the forum to ensure the keeper is doing things right and following the best course of action.

All four PCN/NTKs were received within 2 days of each other for alleged parking contraventions taking place on separate days (1st, 2nd, 3rd and 4th April). These were posted to the keeper and no windscreen ticket was issued.

No action has been taken ad this point. The intention of the keeper is to appeal each PCN/NTK separately through the online portal. It is understood that this is futile but once this is done focus can move to the next stage in the process. However, the one question the keeper has is that the template appeal letter states the use of machines. At the car park in question the machines were covered up with bin bags and not functioning so no parking tariff was paid. Should this section be left out of appeal later?

As I say the newbie section has been read and the keeper is aware of the process to be followed but so as not to do anything stupid and avoid getting stung later down the line, any advice in relation to the above question would be greatly appreciated. If any further information is needed on the situation then that can be included.

Cheers.

Redx

I would change it to say something along the lines of you as keeper believe the PDT machines were out of order on the day in question and so frustration of contract makes any NTK,s void

but as you clearly know, you appeal as KEEPER and no blabbing about who may have been driving , so word it carefully


they will most likely reject the appeals out of hand, the IAS next step is rarely worth trying , so a judge(court) (or landowner cancellation) is the best arbitration or methods to get rid of these INVOICES

WoodyTheCowboy

Thanks for the reply.

As you can tell from the original post, no mention to who may have been driving will be made.

Other than changing the PDT machine wording I should keep the rest of the template the same, correct?

The drop down menu on the MyParkingCharge portal with regards to the reason is useless. I don’t see an option suitable to the case. Is it best to just pick an option and explain in the appeals box that it’s the not true reasoning for the appeals?

As you say, I’ve no doubt they’ll just reject it out of hand so I’m not sure it matters too much but I don’t want to find myself getting caught out by a drop down menu!

Coupon-mad

This has been said before and there is one option that does NOT talk about the driver.

KeithP

WoodyTheCowboy wrote: »

The drop down menu on the MyParkingCharge portal with regards to the reason is useless. I don’t see an option suitable to the case. Is it best to just pick an option and explain in the appeals box that it’s the not true reasoning for the appeals?

As you say, I’ve no doubt they’ll just reject it out of hand so I’m not sure it matters too much but I don’t want to find myself getting caught out by a drop down menu!

Choose carefully.

As you say, that choice is unlikely to change the appeal result, but if it gives away the identity of the driver, the keeper will lose any protection he/she may have under the Protection of Freedoms Act 2012. That may be important if it comes to a court case.

What exactly are the drop-down menu choices?

Coupon-mad

Isn't there one that just says 'I found no PCN my car'? Summat like that.

WoodyTheCowboy

KeithP wrote: »

Choose carefully.

As you say, that choice is unlikely to change the appeal result, but if it gives away the identity of the driver, the keeper will lose any protection he/she may have under the Protection of Freedoms Act 2012. That may be important if it comes to a court case.

What exactly are the drop-down menu choices?

The drop-down menu choices are as follows:

Valid Ticket

• I had a pay and display ticket but may have entered wrong or incomplete vehicle registration
• I have a valid ticket/permit for the car park/site which was clearly on display
• My vehicle is permitted to park and is on a vehicle exemptions list (whitelist)

Contravention did not occur

• I did not park for the stated time
• I did not receive the charge notice on my vehicle
• I was authorised to park
• I was not sent the charge notice in the post
• I was stopping to answer a phone call
• I was stopping to ask/check directions
• My vehicle was not in the car park at the time the contravention occurred.
• There was no signage in the car park/location indicating any restrictions

Not owner

• I had not purchased this vehicle at the time the contravention occurred
• I sold the vehicle before this contravention occurred
• This vehicle has never been owned by me

Stolen

• My number plate was cloned
• The vehicle was stolen or taken without my consent

PCN Paid

Disabled

• I am a blue badge holder but forgot to display my badge
• I am the blue badge holder and the badge was on display at the time of parking
• The blue badge belongs to a passenger who was with me at the time of parking

Charge not received

• I did not receive the charge notice in the post
• I was not aware that I had incurred a charge notice
• The charge notice was not fixed to my vehicle

Breakdown

• I had a flat battery
• I had a flat tyre
• I ran out of fuel
• My vehicle was broken down at the time and I was awaiting recovery

Medical

• I am a medical proffesional and was attending to a medical emergency
• I needed to make an urgent stop for the toilet
• I or my passenger had a medical emergency and had to stop
• I was attending to an infant/young child in the vehicle

That concludes all the listed options available. Careful choice needed as many of them would imply you were the driver if chosen.

Coupon-mad wrote: »

Isn't there one that just says 'I found no PCN my car'? Summat like that.

That is an option so presumably this is the best one?

Quentin

Yes that will do


After sending them off you ignore everything except Court correspondence or a LBCCA


If it comes to that then come back at that time for advice on how to deal with court claims


They have 6 years to start legal proceedings against you

WoodyTheCowboy

The wording has been drafted up to place in the appeal box and I would be grateful to have it quickly glanced over, for the amendments made to the first paragraph with respect to the PDT machines. Just to ensure it remains clear to be an appeal as keeper of the vehicle and nothing more.

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.

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, I believe as the keeper, the PDT machines were unserviceable on the day in question and so frustration of contract makes any NTK void – and therefore 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,

The time you've all taken to assist is greatly appreciated. Thank you.

KeithP

Is that draft directly copied from the NEWBIES thread?

If so, why are you asking for confirmation?

If not, please point out the changes you have made.

WoodyTheCowboy

KeithP wrote: »

Is that draft directly copied from the NEWBIES thread?

If so, why are you asking for confirmation?

If not, please point out the changes you have made.

Apologies I should have just highlighted the paragraph I'd changed.

- If the allegation concerns a PDT machine, I believe as the keeper, the PDT machines were unserviceable on the day in question and so frustration of contract makes any NTK void – and therefore an explanation of the reason for the PCN, because your Notice does not explain it.

It has been amended slightly to match words recommended by RedX for this particular situation.