Appeal Devere parking services

MO369

Coupon-mad said:

Which term on that sign did you breach?  

I can't see that the driver did.

The reason is: Didn’t park in the allocated bay for the business resident in/visiting. 

There isn’t any sign or number that shows whether the bay for business resident or visitor. So The drive assumed its for visitors. 

Coupon-mad

Then appeal not using any template.

That is a really old appeal you found because we haven't talked about section 10 notices for years.  I don't think they have existed since the GDPR five years ago!  Do not use that.  No idea how you found such an old one and this (below) makes no sense because they already have:

"Should you obtain the registered keeper's data from the DVLA "

Nope!

Just use the non-POFA point about 'no keeper liability' and state that the driver will not be named but was a genuine visitor who parked correctly within the bay and did not overstay.

Then put them to strict proof that the vehicle was in the wrong bay, given there are no signs & lines or numbers on the tarmac shown in evidence at that bay. And the sign shown on a wall is nowhere near the bay, was not seen by the driver and does not create any contractual obligation which was breached.  How would a driver know which bay is for which business?  And in the absence of a 'relevant obligation' (such as a requirement on the sign to display a permit or key in a VRM somewhere) where is the evidence, the prima facie case proving driver contravention? 

Then repeat at IAS stage.

DO NOT STATE WHICH BUSINESS THE DRIVER WAS VISITING AND DON'T IMPLY WHO PARKED.

MO369

Final check before submission/ 

Appeal first notice for the event on the 7th August.

Re: PCN No. ...................

I challenge this 'PCN' as keeper of the car.

 

 As the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.

Therefore, there will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

 Furthermore, the driver was a genuine visitor who parked correctly within the bay and did not overstay.

The vehicle was in the wrong bay, given there are no signs & lines or numbers on the tarmac shown in evidence at that bay. And the sign shown on a wall is nowhere near the bay, was not seen by the driver and does not create any contractual obligation, which was breached.  How would a driver know which bay is for which business?  And in the absence of a 'relevant obligation' (such as a requirement on the sign to display a permit or key in a VRM somewhere) where is the evidence, the prima facie case proving driver contravention? 

 Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any neither obstruction nor offence, has caused significant distress to me.

You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

-------------------------------------------------------------------------------------------------------------------------------------

I have another appeal I will post it in a separate comment to prevent confusion!

Coupon-mad

Aaargh no - eek - this is the opposite of what I advised you to say:

"The vehicle was in the wrong bay,"


Nonono!  I said:

"put them to strict proof that the vehicle was in the wrong bay,"

Fruitcake

Devere are IPC members so PoPLA is not an option.

Just tell them to cancel and save themselves money.

MO369

Coupon-mad said:

Aaargh no - eek - this is the opposite of what I advised you to say:

"The vehicle was in the wrong bay,"


Nonono!  I said:

"put them to strict proof that the vehicle was in the wrong bay,"

Apology for those mistakes, please bear with me, as all of that is new and I have never done or heard before. Adding to that, the jump in the monkey mind because of the stress caused by those notices. Hopefully this one is ok, 

Appeal first notice for the event on the 7th August.

 

Re: PCN No. ...................

I challenge this 'PCN' as keeper of the car.

 

 As the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.

Therefore, there will be no admissions as to who was driving and no assumptions can be drawn. You must rely on the POFA 2012 and cancel the charge and save yourself money.

 Furthermore, the driver was a genuine visitor who parked correctly within the bay and did not overstay.

The sign shown on a wall in the photos you provided, is nowhere near the bay, so, was not seen by the driver and does not create any contractual obligation, which was breached.

In addition, there are no signs and lines or numbers on the tarmac shown in evidence at that bay, how would a driver know which bay is for which business?  And in the absence of a 'relevant obligation' (such as a requirement on the sign to display a permit or key in a VRM somewhere) where is the evidence, the prima facie case proving driver contravention? 

 Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any neither obstruction nor offence, has caused significant distress to me.

 

You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Coupon-mad

Why have you removed it and now not "put them to strict proof that the car was in the wrong bay?"

Those were the words to use where I stated them.  All you had to do was change it to:

"I put you to strict proof..."

MO369

Coupon-mad said:

Why have you removed it and now not "put them to strict proof that the car was in the wrong bay?"

Those were the words to use where I stated them.  All you had to do was change it to:

"I put you to strict proof..."

Re: PCN No. ...................

I challenge this 'PCN' as keeper of the car.

  As the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.

Therefore, there will be no admissions as to who was driving and no assumptions can be drawn. You must rely on the POFA 2012 and cancel the charge and save yourself money.

 Furthermore, the driver was a genuine visitor who parked correctly within the bay and did not overstay.

The sign shown on a wall in the photos you provided, is nowhere near the bay, so, was not seen by the driver and does not create any contractual obligation, which was breached.

I put you to strict proof that the vehicle was in the wrong bay, given there are no signs and lines or numbers on the tarmac shown in evidence at that bay, how would a driver know which bay is for which business?  And in the absence of a 'relevant obligation' (such as a requirement on the sign to display a permit or key in a VRM somewhere) where is the evidence, the prima facie case proving driver contravention? 

 Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any neither obstruction nor offence, has caused significant distress to me.

 

You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Coupon-mad

All good - except you've added a comma here which horribly changes the meaning of the sentence the wrong way!

"contractual obligation, which was breached."

Look at mine. No comma.

MO369

Coupon-mad said:

All good - except you've added a comma here which horribly changes the meaning of the sentence the wrong way!

"contractual obligation, which was breached."

Look at mine. No comma.

Thanks a lot, I created new email to use for communication with them, Do you advise me to use it as a communication method with them?

As my old one I used to communicate with the building management and I mentioned I am the driver.