PCN - 'FINAL REMINDER' only letter received & appeal period expired - advice!

rhyski

I've just received a PCN 'FINAL REMINDER' letter, which is the first communication i've received about the PCN.

The letter states that as 28 days has passed I can no longer appeal, unless there are 'exceptional circumstances'.

So I've put the below together – but would appreciate any advice on the top 3 paragraphs in bold. Is this the correct/best approach?

(The text underneath the 3 paragraphs in bold that is the standard response copied from the NEWBIES template)

Below is the first draft of my appeal letter:

__

As the keeper of the vehicle, I have received a 'Parking charge notice final reminder' letter dated 20th September 2022, and delivered on 28th September 2022.

This 'final reminder' letter is the first correspondence to be received regarding the alleged overstay contravention. As I have not received any communications from you prior to reciving the 'final reminder' letter,  the fact this is the first communication I have received from you is a valid 'exceptional circumstances' in order for me to appeal this decision at this time.

If you do not accept the fact the 'final reminder' letter is the first communication I have received from you as 'exceptional circumstances' in order for me to appeal this decision, as you have not complied with the Notice to Keeper requirements laid out in Schedule 4 of the Protection of Freedoms Act Section 9, you are unable to hold me liable as Keeper, and as a result I will not be making any payment to you without a court order.

If, however, you contend that a Notice to Driver and/or Notice to Keeper were, in fact, issued at the appropriate time, I invite you to forward to me full copies of all documentation with proof of posting. Without such documentation, it can only reinforce my assertion that none was issued and I would invite a court to draw the same inference.

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.

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

__

Any advice very much appreciated!

Coupon-mad

Yep that's fine.

Have you checked your logbook has the right address on it, as people overlook that when they move and it's why PCNs are not received but a chaser letter is.  Sending off driving licences to the DVLA is not enough.

Which PPC?

rhyski

Coupon-mad said:

Yep that's fine.

Have you checked your logbook has the right address on it, as people overlook that when they move and it's why PCNs are not received but a chaser letter is.  Sending off driving licences to the DVLA is not enough.

Which PPC?

Thanks!

The PCN was issued by MET PARKING SERVICES.

It says that the contravention is an overstay, but it's very vague with no real information.

And yes – we have moved and only recently updated the logbook – but I did have re-directed post set up from the old address, and I know the people who live at the old address too so they would have notified me if a letter had been delivered there by mistake and not been re-directed anyway.

Coupon-mad

Ok send that late appeal and if they refuse to provide a POPLA Code, report them to the BPA.

rhyski

***FOLLOW UP***

– I've just received a follow up letter from MET PARKING SERVICES.

(The first letter I receievd was the PCN 'FINAL REMINDER' letter, which stated as 28 days has passed I can no longer appeal, unless there are 'exceptional circumstances'.)

The original 'FINAL REMINDER' letter showed photos of our car with 58 minutes between the first and last photo.

The parking time limit was 45 minutes according to their letter – but we were told by McDonalds to park up and wait for our food to come out, and we were waiting about an hour in total I think.

• They have not confirmed the 'grace period', nor have they provided any evidence that any other communications were sent out prior to the 'FINAL REMINDER'.
  
  
• They have not provided a POPLA code – (but even if they had provided a POPLA code I wouldnt be able to appeal via POPLA, as the 28 days had passed).
  
  
• They have said that their decision is final, and we have reached the end of their internal appeals procedure.

What is my next step?

Do I now report them to the BPA?

And if so - on what grounds?

Any advice much appreciated! Thanks!

______

Below is a copy of their latest letter in case it is useful:

"The terms and conditions of parking are clearly stated on the signs prominently displayed around this site. These include that parking is for customers whilst on the premises only and that there is a maximum permitted stay in this area of 45 minutes. Your vehicle remained on site for longer than the maximum permitted stay therefore we believe the charge was issued correctly and we are upholding it.

As advised on the notice to keeper, where the charge has not been paid in full and 29 days has passed since we issued the charge and we still do not know the name and address for service of court papers of the driver, we are entitled to pursue the registered keeper for payment of the outstanding charge. We are confident there are sufficient signs at this location bringing the terms and conditions of parking to the attention of
motorists and it remains the driver's responsibility to check the signs where they park and comply with the terms and conditions.

As a gesture of good will we have re-set the discount period so that you may pay the charge at the discounted rate of £60 subject to payment being received within 14 days of the date of this letter. If the charge remains outstanding at the end of the 14-day period, the full charge of £100 will be payable.

This decision, which has been based on the facts of the case and takes into account our consideration of any mitigating circumstances, is our final decision. You have reached the end of our internal appeals procedure and you now have a number of options:

1. Pay or, if you were not the driver of the vehicle at the time of the incident, request the driver to pay the parking charge at the prevailing price of £60 within 14 days of today's date. Please note that if payment is not received by this date the parking charge will be payable at £100 and further costs will accrue if the case is passed to our debt resolution agents for collection or if we need to proceed with court action to collect the money due to us. Payment may be made online at www.paymetparking.com or by phone on 020 3781 7471.

2. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with court action."

Coupon-mad

Just ignore. You know that from post 4 of the NEWBIES thread.

rhyski

Coupon-mad said:

Just ignore. You know that from post 4 of the NEWBIES thread.

OK, thanks – I will just ignore it then. (I only asked as you'd said in your previous message above to report them to the BPA).

I appreciate all you help!

Coupon-mad

Well you can of course still report them to the BPA which doesn't need saying twice!