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OK - first appeal to Smart Parking Ltd prepared. Much cribbing from the Newbies template over at MSE.
How does it look in general terms - have I missed anything?
In response to a postal NTK following alleged overstay at Matalan car park. NTK doesn't mention POFA 2012 anywhere.
Nor does it state actual period of parking, just a couple of CCTV pics in and out.
Many thanks.
Name
Address
Date
Dear Sirs
Re: PCN No. ....................
I challenge this 'PCN' as keeper of the car, on these main grounds:
a) Your Notice To Keeper fails to comply with the strict requirements of POFA 2012 so there can be no keeper liability.
Consequently you have forfeited any right to hold me, as keeper, liable for any charge.
For example, sections 2(e) and 2(f) have been ignored completely. There are other non-compliances.
b) The sum is disproportionate and does not represent a genuine pre-estimate of loss.
c) It is a ‘ free’ car park without ticketing. Your loss is nil. The sum is extravagant and unconscionable and cannot bejustified.
d) There is no evidence that you have any interest in the land.
e) I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract
to pay this charge, which is a penalty.
Formal challenge:
There will be no admissions as to who was driving and no assumptions can be drawn.
You must either;
1) Cancel the notice
2) Pursue the driver and stop pursuing the keeper.
3) Reject this challenge and provide a POPLA code
Yours faithfully,
Etc..
Extract from POFA 2012 Sched 4, Para 9 follows:
....goes on to quote a couple of relevant clauses....
How does it look in general terms - have I missed anything?
In response to a postal NTK following alleged overstay at Matalan car park. NTK doesn't mention POFA 2012 anywhere.
Nor does it state actual period of parking, just a couple of CCTV pics in and out.
Many thanks.
Name
Address
Date
Dear Sirs
Re: PCN No. ....................
I challenge this 'PCN' as keeper of the car, on these main grounds:
a) Your Notice To Keeper fails to comply with the strict requirements of POFA 2012 so there can be no keeper liability.
Consequently you have forfeited any right to hold me, as keeper, liable for any charge.
For example, sections 2(e) and 2(f) have been ignored completely. There are other non-compliances.
b) The sum is disproportionate and does not represent a genuine pre-estimate of loss.
c) It is a ‘ free’ car park without ticketing. Your loss is nil. The sum is extravagant and unconscionable and cannot bejustified.
d) There is no evidence that you have any interest in the land.
e) I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract
to pay this charge, which is a penalty.
Formal challenge:
There will be no admissions as to who was driving and no assumptions can be drawn.
You must either;
1) Cancel the notice
2) Pursue the driver and stop pursuing the keeper.
3) Reject this challenge and provide a POPLA code
Yours faithfully,
Etc..
Extract from POFA 2012 Sched 4, Para 9 follows:
....goes on to quote a couple of relevant clauses....
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