C.U.P Enforcement first appeal draft advice

Dodd_10

Hi,

First time poster here. 

I got a PCN at the end of last week from CUP Enforcement for an alleged parking contravention .

I am planning to follow the recommended forum template but wanted a bit of advice if I should add anything else in order to increase the chances of success.

I expect it might get rejected based on what I have read on this forum regarding the initial appeals to CUP Enforcement so am gearing up for the POPLA appeal, but any advice which could increase the chances of a successful first appeal would be appreciated.

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.

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

Should I include anything else at this stage for example the paragraph below 

The vehicle was not parked but stopped momentarily to drop someone off. Briefly stopping to drop someone off should not be considered parking. There have been prior cases in law which prove this point, e.g. point 21 in Homeguard v Jopson county court appeal case, which clarified the definition of parking. (I was gong to put the link here but am not allowed yet as too new to the Forum - CM14P02455/CH13P02050)

There is a lot of info in a thread started by another forumite earlier today which I will be following very closely as it's a similar situation and at the same location, but he's already moved to the POPLA stage. Should I include any of the info that he is going to take to POPLA in my first appeal to C.U.P enforcement? (C.U.P Enforcement POPLA Appeal by Wade_Barrett))

Many thanks

Coupon-mad

No save the rest for POPLA.

Is the NTK a PoFA compliant one? You'll know what that looks like from studying the photos in my NTK pictures thread, which is in turn linked in the NEWBIES thread. 

Dodd_10

Coupon-mad, thank you for the quick reply.

Is the NTK a PoFA compliant one? I had a look at the threads in the newbie section and it look it might be.

Below is a copy of the letter I received for a second opinion if my NTK is PoFA compliant.

Coupon-mad

Yep that's a POFA worded NTK.

If it's the same location as I read on another thread then evidence of 'no entrance sign' is your best bet (with date/time metadata on the photo).