Help for new PCN/NTK appeal (unsure after reading Newbies & other threads)

AmitoSan

Hi all

I’ve received a PCN from UK CPM. I've scanned it and put the pics - with any identifying information redacted - here: (obviously as a newbie it won't let me post links, but if you just add the usual https:// in front of these):

ibb.co/hyQhqSm
ibb.co/xfH4WnH

According to their ‘Appeals & Enquiries’ info I have to lodge an appeal very soon. I think I should because I feel the charge is unfair, due to very small, unclear and badly placed signage, no contract entered into because of this, and £100 being an extortionate charge for 5-10 minutes parking.

I’ve spent most of the morning looking through your forum and despite seeing there’s much interesting and good advice, I’m still not sure if, on the above noted reasons, I would have a good chance of winning an appeal if it finally ends up going to court.

Yes I’ve read the** NEWBIES… READ THESE FAQS FIRST…** thread! However…

I am just concerned that the ‘Template appeal for BPA or IPC members’ doesn’t seem to describe in any way why I’m challenging the PCN (and it specifically mentions BPA conditions when this is an IPC operator).

Also the PCN, which I assume also counts as a NTK, (see scans in links above) doesn’t seem to fall foul of PoFA regarding any details contained/not contained in it, or the time frame it was issued in. Does this matter?

I guess it’s just that I’m not confident that this isn’t some new type of NTK/PCN that would possibly need to be responded to / appealed with a letter different to the standard template.

If someone knowledgeable could take a look at it and confirm ‘yes – standard letter will be okay’ or ‘no, change it or use something else’ it’d leave me a lot more comfortable about starting the whole appeal process.

Many thanks for all the work so many of you here clearly put in.

Amito

waamo

It does tell you in the Newbies thread why you use the template. You story is completely irrelevant.

Send the template unaltered.

Redx

Blabbers who want to describe what happened etc generally lose due to blabbing, whereas in a criminal case your free lawyer would tell you to use

No comment

Use the template, unaltered , as keeper

MistyZ

Leap of faith required!

Very few (if any) PPCs take any notice of appeals. You could say the driver's leg fell off and chances are the appeal would still be refused.

At the very least it registers that the Keeper is on the case and, additionally, some PPCs will back off when they see the template as they recognise that the Keeper is doing their homework and is likely to fight back effectively.

A landowner complaint is different. Although it is still important not to identify the driver, the mitigating circumstances are relevant in such a complaint. And many landowners will cancel if occupants of car parked while on business that directly or indirectly benefits them. If such a complaint might be at all relevant, complain ASAP.

The_Deep

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

AmitoSan

Okay, I will put it in today, unaltered. Thank you Waamo & RedX
Apologies if I angered you. Maybe when you have a lot of knowledge & experience with this it is not obvious how overwhelming & unclear it can be to someone coming to it the first time.

MistyZ & The Deep, thank you also, for your encouragement and support! (and the .gov.uk link TD), I will send the MP complaint too. I am trying to find the landowner MistyZ as this may be best way. Thank you.

Quentin

Understand it will be rejected

Then ignore everything you get except a lbcca or court correspondence

If that turns up then come back at that time to the newbies FAQ thread for advice on defending a Court claim

They have 6 years to start legal proceedings against you

AmitoSan

Thank you Quentin - yes, I understand, expected that. Let's hope for a quiet six years (and a change in the law sometime soon!)

Amito

Redx

AmitoSan wrote: »

Okay, I will put it in today, unaltered.

Thank you Waamo & RedX
Apologies if I angered you.

Maybe when you have a lot of knowledge & experience with this it is not obvious how overwhelming & unclear it can be to someone coming to it the first time.

MistyZ & The Deep, thank you also, for your encouragement and support! (and the .gov.uk link TD), I will send the MP complaint too. I am trying to find the landowner MistyZ as this may be best way. Thank you.

I do not believe you have angered anyone who replied

MistyZ

AmitoSan wrote: »

Thank you Waamo & RedX
Apologies if I angered you.

LOL! You should see what they're like on here when they really are angry!! Impressive, I think, is the word.