**WON** UKPC Cheltenham Parking Charge

[tom.foster88]

Hi all

I received a parking charge on 25th August 2015. It was a windscreen ticket for over staying my parking ticket time by 13 minutes.

I did not receive a NTK in the post, and still haven't.

I appealed using the standard template which they have come back with their standard rejection letter, quoting Beavis and a Popla reference code.

I believe they have until 20th October to provide a NTK.

And I have until 27th October to submit my appeal to popla.

I was just wondering if somebody could help me with my appeal?

Many thanks
Tom

[mystery1]

Re: UKPC Cheltenham Parking Charge

You should have waited for a NTK which would have been impossible as they are banned from DVLA access. They will treat you as the driver. If you weren't then they have issues.

M1

[tom.foster88]

Re: UKPC Cheltenham Parking Charge

What's the best way to appeal? Can I put my rejection letter up for you to see?

[tom.foster88]

Re: UKPC Cheltenham Parking Charge

The reason I didn't wait was because I read on the sticky thread on money saving expert that I should appeal as keeper, and time it so that they forget to send a NTK

[tom.foster88]

Re: UKPC Cheltenham Parking Charge

My initial appeal:


Dear Sirs


Re: PCN No. ....................


I challenge this 'PCN' as keeper of the car, on these main grounds:


a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
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 rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.


''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days and I will not pursue you for my costs.


Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.


I have kept proof of submission of this appeal and look forward to your reply.


Yours faithfully,
Tom Foster




I have attached their response letter as an attachment.

Any feedback would be greatly appreciated.

Many thanks
Tom

[mystery1]

Re: UKPC Cheltenham Parking Charge

I've added you to my popla to do list http://www.legalbeagles.info/forums/...udsman-appeals

Can you scan the pcn removing your name and address please.

M1

[tom.foster88]

Re: UKPC Cheltenham Parking Charge

Thanks M1, much appreciated.

I have attached the pcn as requested.

Note that my name and address were not on this pcn, as it was only a windscreen ticket.

The only correspondence I have received from them is their rejection letter following my initial appeal (see earlier post).

Thanks again

Kind regards

[Kati]

Re: UKPC Cheltenham Parking Charge

I have attached the pcn as requested.

It doesn't seem to have worked :noidea: if you can email it to me, I'll post it up (http://kati@legalbeagles.info)

[tom.foster88]

Re: UKPC Cheltenham Parking Charge

Might help if I actually attached them!

[Kati]

Re: UKPC Cheltenham Parking Charge

Might help if I actually attached them!

:lol: xx

[tom.foster88]

Re: UKPC Cheltenham Parking Charge

Hi M1

Any updates on this?

Kind regards
T

[mystery1]

Re: UKPC Cheltenham Parking Charge

Only non contested decisions as yet. Will do 26th later on in the day unless that doesn't suit you.

M1

[tom.foster88]

Re: UKPC Cheltenham Parking Charge

That's great, thank you

[mystery1]

Re: UKPC Cheltenham Parking Charge

tomfoster88.rtf

pevmrsx.pdf

http://parking-prankster.blogspot.co...a-process.html

That explains entering a popla appeal quite well.

You only get one shot so enter everything at once. You may need to convert to pdf, i'm not sure on that.

M1

[tom.foster88]

Re: UKPC Cheltenham Parking Charge

Thank you so much M1

Confident I'll win?