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#Post#: 64350--------------------------------------------------
PCN for Leaving site at Central Six Coventry
DIR By: luciferfire
Date: March 27, 2025, 3:05 am
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hello, I get the same situation with this post:
HTML https://www.ftla.uk/private-parking-tickets/parking-charge-notice-for-leaving-site-at-central-six-coventry/
I follow the solution in this post, but I got rejection of the
appeal
They gave the reply with this:
--- Quote ---
>
> Thank you for your recent correspondence.
>
> The terms and conditions of the car park are displayed on
signage in prominent locations thoughout the car park. Any
vehicle found to breach these terms and conditions will be
subject to a Contractual Parking Charge Notice. Photographic
evidence of the breach of contractual term is avaliable by
request.
>
> There are sufficient signs at the entrance to and in prominent
locations throughout the car park displaying the terms and
conditions. You are welcome to revisit the site to view the
signage, we advise you to adhere to the terms and conditions of
parking when you are visiting the site.
>
> Our signage complies with the International Parking
Community's Code of Practice.
>
> We respond as follows :
>
> 1. In relation to your suggestion that your parking
charge is not a genuine pre-estimate of loss we confirm we have
obtained legal advice in this regard and have been advised that
not only can our parking charges be justified on the basis that
they are in line with the Independent Parking Community
guidelines, and that they amount to a genuine pre-estimate of
loss, but they are likely to amount to liquidated damages (where
the issue of pre-estimate of loss is not relevant). This is
because the Court’s position is that where the parties to a
contract agree to fix the amount which is to be paid by way of
damages in the event of a breach of contract - which is the
basis of the contract detailed on our signage - a sum stipulated
in this way (particularly in circumstances where there is
difficulty in calculating a precise estimation) is classed as
liquidated damages. Either way, our parking charges are fully
enforceable and no not amount to a “penalty”. You should also
be aware that in accordance with the case of Robophone
Facilities v Blank the onus of proving that an amount claimed is
a penalty, rather than liquidated damages, is upon you (as the
party against whom the parking charge is claimed);
>
> 2. If you believe this decision is incorrect, you are
entitled to appeal to the Independent Appeals Service (IAS). In
order to appeal the IAS will need your parking charge number,
your vehicle registration and the date the charge was originally
issued. Appeals must be submitted to the IAS within 21 days of
your first rejection letter. Please visit www.theias.org for
full details.
>
> 3. Again, you do not specify in which way you allege we
not have authority to issue charges over the land where the car
park is located. However, we can assure you that the parking
management at the car park where you received a parking charge
has been contracted to us. Again, we are able to confirm that
we have been successfully audited by an independent assessor on
behalf of the International Parking Community.
>
> Please supply copies of your receipts for the day in question
or your bank statement with your private details erased showing
the transaction(s) on our client's site. As a gesture of
goodwill we may re-evaluate your appeal. Please do not send in
original documents as they will not be returned.
>
> We have taken into account your appeal and requested
additional information from you to investigate further. Your
appeal will only be re-considered if you provide this
information within 14 days, otherwise no further investigation
will be undertaken.
>
--- End Quote ---
What should I do on next step? Should I appeal it with IAS or
any else?
#Post#: 64355--------------------------------------------------
Re: PCN for Leaving site at Central Six Coventry
DIR By: G6PRK
Date: March 27, 2025, 3:55 am
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Have you named the driver or did you appeal as the keeper?
IAS is typically a waste of time.
#Post#: 64356--------------------------------------------------
Re: PCN for Leaving site at Central Six Coventry
DIR By: luciferfire
Date: March 27, 2025, 3:59 am
---------------------------------------------------------
--- Quote from: G6PRK link ---
>
> Have you named the driver or did you appeal as the keeper?
>
> IAS is typically a waste of time.
>
--- End Quote ---
Yes. They only have this website to appeal
HTML http://www.appealyourcharge.co.uk
#Post#: 64369--------------------------------------------------
Re: PCN for Leaving site at Central Six Coventry
DIR By: G6PRK
Date: March 27, 2025, 4:49 am
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Yes you named the driver? Or yes you appealed as keeper?
Post the Notice to Keeper and the contents of your appeal with
personal information redacted.
#Post#: 64377--------------------------------------------------
Re: PCN for Leaving site at Central Six Coventry
DIR By: luciferfire
Date: March 27, 2025, 5:06 am
---------------------------------------------------------
I named the driver, and this is the PCN
the situation same with this person, but I got rejection.
Ridiculous.
HTML https://www.ftla.uk/private-parking-tickets/parking-charge-notice-for-leaving-site-at-central-six-coventry/<br
/>
[attachment deleted by admin]
#Post#: 64386--------------------------------------------------
Re: PCN for Leaving site at Central Six Coventry
DIR By: G6PRK
Date: March 27, 2025, 5:33 am
---------------------------------------------------------
If you were following that thread, why did you identify the
driver?
Can you please post the contents of your appeal!
#Post#: 64388--------------------------------------------------
Re: PCN for Leaving site at Central Six Coventry
DIR By: luciferfire
Date: March 27, 2025, 5:39 am
---------------------------------------------------------
this is the content of the appeal, just copy from another post.
--- Quote ---
>
> I am writing to challenge the absurd parking charge you have
issued, which cites "Term breached: Parked and left site Central
Six Retail Park, Warwick Rd, Coventry, CV3 6TA.." The lack of
specificity in your allegation (Parked and left site) is
staggering. Who allegedly left the site? Was it the driver, a
passenger, or perhaps someone entirely unrelated? You have
presented no evidence of any breach, let alone identifying who
supposedly breached this arbitrary term.
>
> 1. Lack of Evidence and Specificity:
>
> The Notice to Keeper includes photos of a vehicle parked in a
marked bay. Nothing more. No evidence of any person leaving the
site. Your allegation is so vague and ill-defined that it would
struggle to hold up under any scrutiny, let alone in court.
>
> 2. Contractual Terms Only Bind the Driver:
>
> Even if you had managed to capture photos of someone leaving
the site (and I'm still waiting to see any evidence), you fail
to understand that passengers are not bound by your ridiculous
terms. Only the driver enters into any so-called contract, and
you cannot prove the driver left the site. If you think this
baseless claim will survive any legal challenge, I suggest you
reconsider your intellectual approach.
>
> 3. Undefined "Site" Boundaries:
>
> It is a sign of intellectual malnourishment that you expect
anyone to adhere to rules regarding a “site” when you have
failed to define what the boundaries of the “site” are. The
ambiguity in your signage would be comical if it weren’t an
attempt to scam drivers with made-up breaches.
>
> 4. Your Operative's Inaction:
>
> If your operative who took the photos witnessed someone
"leaving the site," why did they not inform the driver that a
breach was about to occur? The entire basis of this charge is
not only malicious but stinks of an attempt to scam money. If
you intend to claim this nonsense is enforceable, you clearly
need to re-educate your staff on the basics of contractual law
and fairness.
>
> 5. No Loss or Damage:
>
> You’ve suffered no loss. The vehicle was parked in a marked
bay, and there is no evidence that any contract was breached.
This £100 charge is nothing more than a penalty dressed up to
look legitimate, and it would be laughed out of court.
>
> It is clear this charge is unenforceable. Should you reject
this challenge and try to escalate this matter, be advised that
I am more than prepared to expose the intellectual and legal
deficiencies of this case in front of a judge. I expect this
nonsense to be cancelled immediately.
>
--- End Quote ---
#Post#: 64390--------------------------------------------------
Re: PCN for Leaving site at Central Six Coventry
DIR By: G6PRK
Date: March 27, 2025, 5:47 am
---------------------------------------------------------
Thank you.
So you have said that you identified the driver, but nowhere in
that text do you identify the driver. Have you sent anything
else? If no, why do you think you've identified the driver?
Is there any evidence on the appeals portal beyond what is shown
on the NtK?
--
Regardless of what happened in that other case, you shouldn't be
surprised to have a different outcome. Operators rarely apply
much logic to anything they do.
The advice of this forum is typically to not bother with the IAS
stage since they only accept around 4% of appeals, however you
could if you wanted to, or you could follow up your appeal to
the operator with a formal complaint. It's likely to be a waste
of time.
Aside from that, move on with your life, expect some debt
collector letters which you should ignore. If you receive a
Letter of Claim or a Claim Form from the courts, come back here.
In the unlikely event it goes to court it should be easy to
defend.
#Post#: 64396--------------------------------------------------
Re: PCN for Leaving site at Central Six Coventry
DIR By: luciferfire
Date: March 27, 2025, 6:05 am
---------------------------------------------------------
when I appeal with their website, the appeal form need to fill
some information. that why I think the driver has been
identified.
So Should I ignore everything and move on with my life? Maybe
they will send some debt collector letters. I concern it will
effect my credit score.
If possible, have them cancel the PCN themselves. If there are
any other reliable methods.
[attachment deleted by admin]
#Post#: 64400--------------------------------------------------
Re: PCN for Leaving site at Central Six Coventry
DIR By: G6PRK
Date: March 27, 2025, 6:22 am
---------------------------------------------------------
Ah - okay. For future reference, don't do that! Always choose
other.
Yes, ignore everything unless you get a Letter of Claim or N1SDT
Claim Form - at which point this will be easily defended.
Debt collectors are powerless. There is no risk to your credit
score. You will only receive a CCJ if you 1. go to court, 2.
lose, 3. fail to pay within 30 days.
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