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worth appealing significant overstay?

124

Comments

  • Arobot
    Arobot Posts: 15 Forumite
    10 Posts Name Dropper
    here is where I saw about the fees: https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1
    "You want a hearing and you can claim your costs if you win, and you risk nothing (no CCJ, no huge costs) by defending, because if you were among the handful who report a loss here you'd have 30 days to pay and it would be less than on the claim form (£175 - £200 all told)."
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yes - which states the payment IN TOTAL would be about £200, max
    Not hundreds of pounds in fees mentioned anywhere. 
  • Arobot
    Arobot Posts: 15 Forumite
    10 Posts Name Dropper
    getting nervous again now, I need to prepare my appeal as only a few days left to appeal/pay according to my NTK (which includes entry/exit photos of the number plate), returned to the site, plenty of large yellow signs around the place.
    The above link has something about "acknowledging service of a claim" after 5 days which I have not done, is this something I have missed?
    If I read correctly, at this stage all I need to do is submit the following online with ECP

    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 complaint about your predatory conduct to your client landowner.

    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 an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

    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. Don't think this is relevant

    If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.


    THE NAME AND POSTAL ADDRESS OF THE KEEPER (OR THE HIRER/LESSEE) GOES HERE, OR IN THE RELEVANT BOX ON THEIR APPEALS PAGE.

    Is that it or do I should I attach any photos of their signs, shopping receipts etc ?

    Thanks for your help !
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Why nervous?
    Just use the forum template. It's what its there for. 
    ECP arent known for court claims. 
    Youre 4 pages in....
  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As is, although you could attach copies of receipts, especially if there was a particularly big spend. But don't go revealing the identity of the driver when adding a sentence about the receipts, say 'enclosed are receipts to confirm and prove that on xx/xx/2020 we (my bold to emphasise 'we') were genuine customers of the retailers serviced by xxxxxx car park'. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Arobot
    Arobot Posts: 15 Forumite
    10 Posts Name Dropper
    edited 15 June 2020 at 1:19PM
    thanks, not a big spend, so maybe not attach receipt, probably not relevant but have subsequent big spend receipts
  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Use those to press the retailers/managing agents. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Arobot
    Arobot Posts: 15 Forumite
    10 Posts Name Dropper
    To confirm the template as posted by me at 10:22 is the latest version and good to use?
    I had a feeling I had seen a reference to a 2020 template somewhere.

  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Current template in the NEWBIES FAQ sticky, first post, please check with that. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Arobot said:
    To confirm the template as posted by me at 10:22 is the latest version and good to use?
    I had a feeling I had seen a reference to a 2020 template somewhere.

    I'll not be checking what you have posted earlier, but just saying that the template in the NEWBIES thread is the latest.
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