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Hello,
Just before Christmas I received a PCN through the post fro "Civil Enforcement" It had Photos of the vehicle entering the carpark at 09:51:46 and leaving at 11:09:01 I completed their online appeal process using the template for appeal from the money saving forum. as follows...
"I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:
- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.
- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.
Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.
Yours faithfully,"
They have replied by letter stating my appeal has been unsuccessful, They state in the letter that "Signs in the car park clearly advise payment for parking must be made within 10 Minutes of arrival and on this occasion you failed to do so" "We are unable to provide the information requested in regards to the payment machine due to data protection." I have attached a copy, it seems a little vague as there is no mention of what time the ticket was purchased, and for how long.
I seem to be a magnet for these evil parking overlords, Im already waiting replies from BW Legal from a PCN dated 3 years ago!! grrr.
Thanks for any help you can give me to help me retain my sanity!!
Just before Christmas I received a PCN through the post fro "Civil Enforcement" It had Photos of the vehicle entering the carpark at 09:51:46 and leaving at 11:09:01 I completed their online appeal process using the template for appeal from the money saving forum. as follows...
"I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:
- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.
- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.
Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.
Yours faithfully,"
They have replied by letter stating my appeal has been unsuccessful, They state in the letter that "Signs in the car park clearly advise payment for parking must be made within 10 Minutes of arrival and on this occasion you failed to do so" "We are unable to provide the information requested in regards to the payment machine due to data protection." I have attached a copy, it seems a little vague as there is no mention of what time the ticket was purchased, and for how long.
I seem to be a magnet for these evil parking overlords, Im already waiting replies from BW Legal from a PCN dated 3 years ago!! grrr.
Thanks for any help you can give me to help me retain my sanity!!
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