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#Post#: 27850--------------------------------------------------
Final Chance Before Action - HELP ME!
DIR By: xskullx
Date: June 28, 2024, 9:39 am
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Hi All,
I appealed and failed. Used the below letter when I appealed.
"Dear Sir/Madam,
I challenge this 'PCN' as lessee of the car and subsequently
request all future correspondence be sent directly to myself at
the address listed below:
I am the vehicle's hirer and keeper for the purpose of the
corresponding definitions under Schedule 4 of the Protection of
Freedoms Act 2012 (POFA) now it is proven that in this instance,
the registered keeper is not the "keeper" (as defined under
POFA), UK Car Park Management has no reason to contact ****
again regarding this PCN.
I believe that your signs fail the test of 'large lettering' and
prominence, as established in ParkingEye Ltd v Beavis. Your
unremarkable and obscure signs were not seen by the driver, are
in very small print and the terms are not readable to drivers.
No windscreen ticket was issued.
Furthermore, I understand you do not own the land where the PCN
was issued and you have given me no information about your
policy with the landowner or on site businesses, to cancel such
a charge. So please supply that policy as required under the
Consumer Contracts (Information, Cancellation and Additional
Charges) Regulations 2013.
There will be no admissions as to who was driving and no
assumptions can be drawn. You must either offer me a POPLA code
or cancel the charge for "No Parking On Access Roads/Roadways".
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 UK Car Park Management
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 UK Car Park Management 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"
Letter scans below:
HTML https://ibb.co/2PzxVDR
HTML https://ibb.co/GHmhSjY
Please advise what I should do here as I don't want a CCJ or
anything that will do damage to my credit score as I'm trying to
buy a house!
Thanks in advance!
Sincerely
#Post#: 27852--------------------------------------------------
Re: Final Chance Before Action - HELP ME!
DIR By: DWMB2
Date: June 28, 2024, 9:53 am
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Please read the following thread and provide as much of the
information requested as you are able to: READ THIS FIRST -
Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/.<br
/>We'll need the original parking charge notice you received,
info
on the circumstances that gave rise to the charge being issued,
their response to your appeal, and ideally photos of the signage
at the site in question.
Your credit score will only be harmed if you lose in court and
then don't pay the judgement promptly.
#Post#: 27857--------------------------------------------------
Re: Final Chance Before Action - HELP ME!
DIR By: b789
Date: June 28, 2024, 10:18 am
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Who told you to write that cut and paste appeal? What is all
this waffle about POPLA? UKCPM are not BPA members so POPLA is
irrelevant. They are IPC members. Can you even see any mention
of POPLA in their correspondence? UKCPM must have had a chuckle
when they saw all that irrelevant reference to POPLA and decided
that you had no idea what you were on about and rejected your
appeal.
Whoever gave you advice up to now should be ignored from now on.
There is no danger of a CCJ. Not even if this went all the way
to court and you lost. The only way you can have a CCJ on your
credit record is if you failed to pay it within 30 days of
judgment.
Are you even the lessee of the vehicle? If so, did you ever
receive a Notice to Hirer (NtH) from UKCPM in your name as the
Lessee/Hirer? What you have shown us is irrelevant as far as
anything is concerned. You must show us the original NtH you
received in the Hirers name. If you only received a copy of the
original Notice to Keeper (NtK) from the lease company then the
lease company is still the one that is liable for the charge if
the NtK is PoFA compliant.
Normally, a PCN issued to a vehicle that is hired/leased, is a
"golden ticket" as long as the drivers identity is not revealed.
However, it only works if the lease/hire company follow the
correct procedure and transfer their liability to the
lessee/hirer which then forces the PPC to issue an NtH in the
lessee/hirers name. They failure of PoFA comes about because
99.999% of PPCs fail to include the necessary copies of
documents from the lease/hire company with the NtH.
So, please fill in the gaps and we will be able to advise
accordingly. Showing your gullibility to UKCPM by thinking that
a cut and paste appeal referencing the wrong AOS membership,
only fuels their desire to get you to capitulate and pay into
their scam.
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