Parking fine appeal help please - Fistral Beach Initial Parking

ParkingBabe

ParkingBabe said:

Fruitcake said:

It is not a fine, but it is well that you have not appealed yet and have asked for help instead of jumping the gun.

Fistral Beach is a known scam site because of its size and all the other problems you mention.

Since this is a company car, "The Company" (the name shown on the V5C) should appeal using one of the edna basher appeal letters you will find in the sticky Announcement for NEWBIES. There are three to choose from so you will need to check each one out to find the one that fits best. They are listed quite a way down the first post of the NEWBIES, after the template in blue text.

Post the one you have selected here before you submit it.

Parking companies find it impossible to correctly transfer liability to a company or a hirer/lessee, so make sure the driver's identity is never revealed. Your use of the word "We" above is a good example of how to do this.

Hi,

I am planning to go with below letter:

*************************************************************
Dear Sir,

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

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Initial Parking Ltd (“Initial Parking”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its 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 Initial Parking’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 Initial Parking 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,
(**I am not planning to write any name here)

*********************************************************

Could you please confirm if this is a good letter for initial appeal?
The car is owned by my own limited company and I use it as Benefit in Kind. What does it mean in the second line when it says - I confirm that as the hirer of this vehicle, I am its keeper...

Thanks

Could anyone please confirm if this appeal letter is good or I should update anything?

ParkingBabe

Could anyone please confirm if above letter format is good for initial appeal?

Fruitcake

That looks okay to me.

ParkingBabe

Fruitcake said:

That looks okay to me.

Thanks. Should I add my initial and surname in the end or just sign with name of the limited company?

ParkingBabe

Also, in the appeal form, they are asking for name, address and email details. Do I have to add my personal details in the form as director of the limited company that is registered keeper or shall I add only limited company details?

ParkingBabe

I have formatted the appeal letter and removed Hirer word from it as the PCN says Notice to Keeper. The final letter is as below:

****************************************

Please note, the Reason selected above is selected at random as we can not find an appropriate reason to select. 

Dear Sir,

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

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Initial Parking Ltd (“Initial Parking”) as a Notice to Keeper. I confirm that I am its 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 Initial Parking’s Notice to Keeper 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 Initial Parking 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,
B Clinton
Director

ABC XYG Services Ltd

*************************
Please someone could confirm if I should indeed remove word Hirer and use above appeal letter?

B789

If they have not relied on PoFA, you can just sign as the company with no need to provide a name. No need to make it easy for the scammers.

ParkingBabe

B789 said:

If they have not relied on PoFA, you can just sign as the company with no need to provide a name. No need to make it easy for the scammers.

I do not know what is PoFA. I have copied template from NEWBIE section. How do I know if they have relied on PoFA or not?

Fruitcake

ParkingBabe said:

B789 said:

If they have not relied on PoFA, you can just sign as the company with no need to provide a name. No need to make it easy for the scammers.

I do not know what is PoFA. I have copied template from NEWBIE section. How do I know if they have relied on PoFA or not?

Having put this in your appeal,

"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 Initial Parking’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."

I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular to determine how the PPC has failed to comply with the PoFA.

To answer your other question, you can either put *Company Name, Registered Keeper* (if the company name appears on the V5C), or *Company Name, Registered Keeper, then put your initial and surname, followed by Director underneath it.

ParkingBabe

Fruitcake said:

ParkingBabe said:

B789 said:

If they have not relied on PoFA, you can just sign as the company with no need to provide a name. No need to make it easy for the scammers.

I do not know what is PoFA. I have copied template from NEWBIE section. How do I know if they have relied on PoFA or not?

Having put this in your appeal,

"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 Initial Parking’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."

I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular to determine how the PPC has failed to comply with the PoFA.

To answer your other question, you can either put *Company Name, Registered Keeper* (if the company name appears on the V5C), or *Company Name, Registered Keeper, then put your initial and surname, followed by Director underneath it.

Thanks. On the first page of the appeal, they are asking for First Name, Last Name, Address, Email etc. The limited company does not have first name, last name. Shall I add my name here as director?