PCN Ticket on Private Bay.

[momy3]

charitynjw Hi, I replied them as adviced, two days ago and then got another letter from them yesterday. They must have been replying the initial appeal. I will attach letter.

[charitynjw]

Hi

The notice to driver (windscreen PCN) is defective for reasons given above.

The site sign is rubbish...it is what is called a 'forbidding' sign (no-one can park without a permit.)
Therefore it is not capable of forming a contract with the driver.
It is more comparable to the old 'trespassers will be prosecuted' signs, with a penalty clause of £100 payable.
They even say as much in their recent letter...."Parking is only permitted with a permit" (or words to that effect.)
They're just dressing up a tort (civil wrong) to mimic a contract (& breach of same.)

[momy3]

I know they are still trying to push
through without valid points. Should I just ignore them or so I need a reply?
Funny thing was that the permit was placed on the dashboard, just that it was all not visibly seen..

[charitynjw]

I know they are still trying to push
through without valid points. Should I just ignore them or so I need a reply?
Funny thing was that the permit was placed on the dashboard, just that it was all not visibly seen..

Note that they say "I" reject the 'appeal' [sic], but the letter is not signed by a person.
Absolute bullcrap.
Your letter to them wasn't an appeal, it was a heads-up to them that they have failed dismally.
They are meant to be the 'experts'.....private parking & all things concerned with same (paticularly the relevant laws) are their raison d'etre.
I suspect that that letter from them was 'untouched by human hands' (Yours, & the postperson's, excepted, it goes without saying!)

[Amethyst]

Slightly off topic ( sorry ) ... On the sign it says there is a £5 "admin fee" for paying by credit card ... isn't that kind of surcharging banned?

[momy3]

I bet.. ,

In the meantime should I just have ignore them..

[charitynjw]

If it were me I'd send a copy of the (your) previous letter with a covering letter ...."Read this again" (or words to that effect.)
If they ignore it a second time, & issue a court claim, it won't bode well for them when you produce that lot as evidence of their utter incompetence.

[momy3]

Sent one three days ago. Would send another one again today.. thank you. I doubt it they would want to go to court without a leg to stand on..

[momy3]

Hello charitynjw, I have not sent any letter since the last one I sent. However, I’m just thinking about one of the letters I received where they wrote that if I wasn’t happy with the decision, that I should contact the IAS. Should I do so or just ignore? I will attach letter.

[momy3]

It’s on the last paragraph

[momy3]

Thank you

[ostell]

The chances of winning with the IAS are slim to none. Just hold fire until they issue a Letter before claim and then come back. Before that you will get many begging letters from debt collectors, who can't do anything more than write scary letters.

[charitynjw]

What ostell says ^^^^^!