Threatened with Court - help with first appeal letter pls

sunnyscots

Hi all

I am being threatened with court via a letter from a Legal collections company after ignoring all letters from NCP. Can you help with my appeal below please as I have read the newbie forum but overwhelmed with the amount of info.

Details :

My leased car (which is no longer leased by me or owned by the leasing company) was parked in an NCP car park and paid for on the ringo app.
19 days later my leasing company emailed me a copy of a fine addressed to them and dated xxxy for £100 (offering a “discounted” cost of £60 if paid within 14 days. Having checked the car park tariff £4.50 was paid but as parking time went over, the cost would have been £6.50 so it is disproportionate to charge someone £100 for £2.50 loss to NCP). My leasing company write back to NCP the same day with my name and address letting them know I was the hirer.

After this NCP have written to me but I have ignored and have not kept copies of letters with dates - do I need these in order to appeal?

I have now received a letter from a Legal Collections team demanding £160 and threatening court action if I do not pay or respond within so many days. They have said with court fees and interest should I lose the case I will be charged something in the region of £250.00.

I have read everything but there is a lot of information, but I have pulled together a draft below can you let me know whether I have used the right information for my case in particular. Also, once my letter is good to go should I send to NCP or post it to the Legal Recoveries company writing to me ?


Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by NCP as a Notice to Hirer. I confirm that as the hirer of this vehicle at the time, I was it’s keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why NCP’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that NCP has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,

Umkomaas

As your PCN dates back to January, you have no appeal channels open to you - far too late. Doesn't mean you pay this. Who has sent you the latest letter?

Looking at your username, does this parking event have any connection with Scotland?

sunnyscots

Hi

Thanks for your quick response. There is no connection with Scotland.

The letter was sent to me by a Legal Recovery company collections team.

Thanks

Quentin

You need to edit your OP to remove the details you have provided that allows the PPC to identify you

The ppcs monitor this forum and can use posts in your thread against you in Court

sunnyscots

Thanks, the only thing i think that anyone could use to identify this case are dates which I have now removed. Anything else I should edit out ?

Thanks

Umkomaas

sunnyscots wrote: »

The letter was sent to me by a Legal Recovery company collections team.

Thanks

sunnyscots wrote: »

Anything else I should edit out ?

No, but you could tell us who is this ' Legal Recovery company'? I did ask earlier ......

Who has sent you the latest letter?