PCN for nonresident alien with rented car

[duplo]

Hi everyone,
I hope make myself clear and not to duplicate a thread already discussed
in the forum. Apologies for any inconveniences, all help welcome.

I have got a (late) PCN (misdirected post), and only a short time to read through
all the relevant forums to formulate an appeal.

The facts:
I parked a rented car in the Lake District in a "pay and display"
car park managed by Parking Eye, got the permit for two hours,
left after 90 minutes. On the permit's back was a voucher for a
reduction, I used that voucher, and the permit is gone.

I received a note back home from Enterprise cars, that they got a PCN
(in time) and named the renter as the driver. Now the assumed driver
gets a PCN on September 9th, 2014 (this one's already called "parking charge notice reminder"!).

I'd like to appeal using as much of the advice in preformulated letters
already given on the site, but I'm uncertain which stance to take, so I
have got a few questions how to go about it initially.

- Is it all relevant that the permit is gone?
- Is there an advantage pointing out that the addressee of the 2nd PCN
is neither RK nor driver?
- Being a nonresident alien, can I invoke POPLA appeal procedures at all?

The time set to pay the PCN is September 13th, I've got a feeling that
100 pounds is rather a penalty than a legitimate claim, but I wouldn't
rely on that solely, so any help is warmly welcome.

[des8]

Re: PCN for nonresident alien with rented car

Hi and welcome.

Yes, you can appeal to POPLA even if you're on the moon (tho' why would you?)!
Send a standard appeal letter to PE, requesting a POPLA code if the appeal is not accepted.

"Dear sirs,

I have just received your PCN &, wish to invoke your appeals procedure. The parking charge was paid. The issued receipt contained a discount voucher which was redeemed. Hence the voucher is no longer available.
In any event your charges are penal and not a genuine pre estimate of loss.

PLease accept my appeal or supply a popla code.

Yours etc

If/when appeal not accepted then appeal to POPLA and win. (http://www.legalbeagles.info/forums/...-Appeal-Letter)

Use emails and save money.
But even if you lose and live outside the UK what are the chances of PE ever getting any money.

[duplo]

Re: PCN for nonresident alien with rented car

Thanks a lot, Des8, I'm so glad somebody impartial took a look at this. Is it correct to assume that any POPLA appeal will not be restricted to my appeal to the PPC, and the name of the game is "keep within the time frame" (whatever I write to PE)?

[des8]

Re: PCN for nonresident alien with rented car

correct.
For PoPla keep to the appeal, especially the bit about the charge not being a genuine pre estimate of loss.
This is producing a 100% win rate at POPLA and has the bonus of costing the parking company c£30.:tinysmile_grin_t:

[duplo]

Re: PCN for nonresident alien with rented car

Tadah!

Hooray for the champions,
the Davids that take on Goliath.
When the Moloch reared its ugly head
The Beagle wagged its tiny tail:
Be gone! You're just a Humbug!

I am really compelled to sing the praise of you people
(and I sincerely hope nobody takes offence),
but I was absolutely flabbergasted by yesterday's mail:




All I did was follow the tracks laid out by many
knowledgeable and supportive advisors:


Dear sirs,

I have just received your PCN Ref Number 581273/757929, for
for a vehicle registered as #######, parking in Ruskin Av., Coniston.
The letter arrived September 09/09/2014, and you require payment
to be made by 13/09/2014. As there is hardly any time nor space
to write lengthy answers, this short answer must do.

I wish to invoke your appeals procedure. The parking charge was paid.
The issued receipt contained a discount voucher which was redeemed.
Hence the receipt/voucher is no longer available.
In any event your charges are penal and not a genuine pre-estimate of loss.

PLease accept my appeal or supply a popla code.

Yours,
etc



I have no idea what actually worked the miracle. Was it
the mention of the penal character of the charge, was it the
futility to enforce a CCJ across Europe? Whatever the reason,
thanks to @enaid, @Kati, @des8, @mystery1.

YOU ARE MY CHAMPIONS!

[Kati]

Re: PCN for nonresident alien with rented car

Congratulations [MENTION=52541]duplo[/MENTION] :clap2::clap2::clap2:

[enaid]

Re: PCN for nonresident alien with rented car

Nice one duplo, thanks for the detailed update it will help others in the same situation.