How to deal with Appeal refusal

PCNDummy

Hello parking fine experts,

I followed the advice here and submitted an appeal to London parking solutions and for the first time I was REFUSED!!!
Please your kind help where did I go wrong? It always worked in the past. 

Please see below my letter and the company’s reply 

Thank you in advance this forum is an amazing help!

My letter:

“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.”

Response :

”Thank you for your appeal against the above Parking Charge. Having noted your comments, and checking the evidence gathered when issuing the Parking Charge, we are satisfied that the Parking Charge has been issued correctly and your appeal is rejected for the reason(s) detailed below:

You were parked on private land in a pay and display car park. A core term of use of this car park is that a valid Pay and Display ticket must be displayed within the vehicle windscreen or by using a cashless parking platform called PayByPhone.

Our evidence shows that, at the time of vehicle inspection, there was no valid pay and display ticket on display or valid session, contrary to the displayed terms and conditions, and pursuant to these terms, a parking charge was issued at 12:13.

You were recently served a Notice to Registered Keeper ("NTK") in respect of the above parking charge notice. This letter was sent in accordance with the provisions set out in paragraph 9, Schedule 4 of the Protection of Freedoms Act 2012 ("POFA").

You may be aware that POFA 2012 makes provision for Creditors to recover unpaid parking charges, from a vehicle's registered keeper, if, inter alia, they are unaware of who the relevant driver of a vehicle was after a period of 28 days from the date of issue of the NTK.

We have requested on more than one occasion, that you provide us with the relevant driver's details, and you have refused. On this basis, please accept this letter as confirmation that our Client intends to hold you liable for the unpaid charges.

As you have breached the terms and conditions of parking, you are now required to pay the contractually agreed charges as stated on our signage.

We now require payment of the parking charge to be made within 28 days of this letter. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order appeal, you will need your Parking Charge number and your vehicle registration. Appeals must be submitted to the IAS within 28 days of the date of this letter. Please visit www.theias.org for full details.

Important Note

Please note you cannot appeal this charge to the IAS if it is paid. Should you decide to appeal to the IAS and your appeal is subsequently rejected, the option to pay a discounted amount will no longer be available and the full amount of the PCN will become due, payment should be made to the Operator within 28 days from the date of the IAS rejection notification.

For free advice regarding your parking charge, including advice on appealing, please visit: www.247advice.co.uk”

Fruitcake

Plan A is always a complaint from the keeper to the landowner and the keeper's MP without revealing the driver's identity. How did that go?

Plan B is an initial appeal, which you have already done.

Plan C is a PoPLA appeal, but only if the PPC is a BPA member. There is no Plan C for IPC members.

Plan D is to await a court claim whilst studiously ignoring powerless debt collectors.

Meanwhile, repeat Plan A.

Please sign the petition below and get all your friends and family to do the same.

Bring the Parking Code of Practice into law, as per the 2019 Act of Parliament. - Petitions

Coupon-mad

Please show both sides of the NTK.

Don't think we've seen one from London Parking Solutions.

Coupon-mad

Coupon-mad said:

Please show both sides of the NTK.

Don't think we've seen one from London Parking Solutions.

Reminder, we need this one for here please, and to assist you further:

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-parking-firm-ntks/p1

PCNDummy

Hi Fruitcake 

Thank you for your reply

I am not sure how to repeat Plan A again??

Is there anything wrong with my initial letter pls?

Coupon-mad any guidance how to upload the files pls?

Gr1pr

Plan A is to complain strongly about the PCN to the business or landowner or managing agents,  to keep trying to get the pcn cancelled ASAP,  nothing beats the complaint route, so always persist 

Pictures can be easily attached to your replies as long as you add a short description or a sentence 

fisherjim

You should know by now it isn't a "fine"!

That appeal is only expected to work in a few cases it is well documented on here, it isn't a "golden bullet".

Why exactly did they send you the charge, it implies you didn't pay, and your opening statement could imply you have used this as a get out clause to bilk in the past, I hope not.

In this instance you are going to have to spend more time, effort and resource into fighting it, and as these are IPC members the IAS appeal will be futile too.

Though if I remember correctly LPS aren't the brightest in the bunch.

Coupon-mad

Just show a data redacted picture of both sides of the NTK.