appeal or letter of refusal?

[tiger1947]

If someone received a PCN and finds it unreasonable is the best way to deal with it by appealing via private company's system or just by writing a letter of refusal to pay ?

[ostell]

The company will usually take any letter as an appeal.

All PCN's are unreasonable. Post it up suitably redacted but leave the dates. Photos of the signs may be helpful. Do not identify the driver.

[tiger1947]

A windscreen ticket had been issued £60 or £100 if late. A driver parked over into the bay on the left unknowingly. Driver was however, aware of a tree and its metal rail to the front right of the bay, so parked to give to this with a small birth. Driver left vehicle from right side unaware that vehicle had gone into bay on the left. Driver visited store and returned 20mins later to find PCN. There are no signs stating terms in the strip of parking bays in question. However, there was a generic sign 10 m after the main entrance stating 'read terms' (or similar wording ) and signs with terms up in other parking bay strips within the whole car park. Terms do list this situation on sign. Could add that the car owner approached the store manger at a later date and they stated that the PCN was issued unreasonably (their POV) Manger took copy of PCN and told driver that they would request it to be cancelled. Perhaps this should not be trusted in terms of possibility? Manager may have good intentions but most stores do not have this authority. Perhaps the driver should be advised to prepare an appeal or letter of refusal in case the store can not request cancellation?

[ostell]

In this situation the keeper appeals so that the appeal arrives on about day 26 after parkling. The address given on the appeal is slightly different to that on the V5 so that a response can be delivered but it will be obvious that the details have not been obtained from the V5. For example use Greeene instead of green or Smythe instead of Smith.. The object of the exercise is to persuade them not to pay £2.50 to get the keepers address from the DVLA. They can either not write a notice to keeper or not contact the DVLA when writing a Notice to Keeper. Either case is a POFA fail and they cannot hold the keeper liable for the action of the unknown driver.

The appeal? Unclear signage, no authority, you want sight of their contract, they have been told to cancel.

[tiger1947]

If day 26 falls on a Saturday would it be better to advise sending an appeal on a Friday before or could that result in too late? ie post may not be acknowledged until a Monday 28th day.

Also, would a templet letter be advisable (is there one on this forum?) or is it enough to simply to state as listed above along with a sentence stating payment will not be made.

[ostell]

The object is to get a letter to them a couple of days before day 28, which is when they can apply to the DVLA for the keeper details. So if that day is a Saturday then Friday will do.

No template that I know of so just a letter giving some reasons and you will not be paying. AND DON'T HINT OR IDENTIFY THE DRIVER.

[tiger1947]

The address given on the appeal is slightly different to that on the V5 so that a response can be delivered but it will be obvious that the details have not been obtained from the V5. For example use Greeene instead of green or Smythe instead of Smith..

This is interesting.
eg House number change but keep Postcode the same? Potentially, could there be come back from doing this for keeper if case went to court?


The appeal? Unclear signage, no authority, you want sight of their contract, they have been told to cancel.

What is meant by 'no authority'?

Is it advisable to include photo evidence at this stage? eg lack of signage. OR simply detail reasons

Should keeper also be advised to head the letter stating 'without prejudice' ?


A template for appeal letter has been found on another site. Could It be posted here to discuss if it would it be an effective measure in combination with the advice provided in this thread?

[ostell]

You have to make sure the response will get back to you, otherwise it's pointless. Some people add an extra line tat is descriptive of the location,ie a local name.

Authority, ie a contract, that allows them to claim.

no reason to give photos etc

forget a out the WP, you may want to show a court later how reasonable you have been