PCN notice should I appeal

A question about : PCN notice should I appeal

Hi
Sorry for posting on this again. I have read all the advice but I'm a little confused.

There was a PCN notice on my car windscreen today from a company called PCN(NW) Ltd. The car was parked outside a shop, they claim I wasn't in either of the shops that are associated with the parking area. I was and I have a receipt to prove I was not only in the shop but that I purchased an item.

I also feel that a Ј100 fine reduced to Ј60 if I pay in 14 days is a bit excessive.

Should I appeal and if so in what form should I appeal.
I should state that the car is a company car.

Best answers:

• 1. Read the NEWBIES sticky thread.
  2. Of course you appeal, and, because it's a company car, you need to appeal the Notice to Driver that you already have. Appeal as the "keeper" (for that is what you are), not the "driver".
• I have read the sticky thread for newbies but I am still confused.
  The thread gives a base letter with various reasons on why you should not pay but none of them are appropriate.
  I have been into the store to complain as I was purchasing an item and have a receipt for the time but they say that it is not them that issued the fine and that they cannot appeal it.
  I went onto the PCN(NW)Ltd website to appeal as it says you should but cannot find anything there to appeal.
  Should I email them a copy of the receipt proving I was in the shop at the time or is there a letter I should use that I am missing?
  Many thanks
• you are definitely confused
  you say its a fine , its not , its an invoice
  you say you have been fined - you havent
  the template letter gives you the appeal details for your first appeal, not sure how you missed it
  the paperwork you already have plus the company website usually detail how you appeal and who to and where , its highly appropriate as it appeals on legal grounds
  I would scan or photograph any paid for ticket and add it as an attachment to any appeal, even if its by snail mail (in which case get a free cert of posting at the PO - to prove you sent it)
  ps:- you add an EXTRA POINT detailing what you told us , added to that template , remove any rant part if you wish to from that template, leave the rest in
• The letter didn't seem to be appropriate to the situation I was in. I have edited it and I'm not sure it is suitable. The company is in the IPC am I correct in thinking that POPLA doesn't apply and if so should I remove that section completly
  Dear Sirs
  Re: PCN No. ..
  I challenge this 'PCN' as keeper of the car, on these main grounds:
  a). The sum does not represent a genuine pre-estimate of loss, nor is it a coreprice term. It is a disguised penalty and not commercially justified.
  b). As keeper I believe that the signs were not seen, the wording is ambiguousand the predominant purpose of your business model is intended to be adeterrent.
  c). There is no evidence that you have any proprietary interest in the land.
  d). Your 'Notice' states that parking is permitted for customers ofStaples/Wynsors whilst visiting their premises. As keeper of the vehicle I have a receipt proving that in fact the driverpurchased items from within Staples shop at 16:24 while the ticket was issuedat 16:07. I have attached a copy of thisreceipt to my correspondence
  e). There was no consideration nor acceptance flowing from both parties and anycontract with myself, or the driver, is denied.
  The purpose of this communication is:
  1. Formal challenge
  There will be no admissions as to who was driving and no assumptions can bedrawn. As such, you must either rely on the POFA 2012 or cancel the charge. Isuggest you uphold this challenge now or alternatively, send a rejection letter- subject to accepting my claim for costs as clearly stated below, since youhave no case.
  2. ''Drop hands'' offer
  The extravagant 'parking charge' is baseless but I realise that you may haveincurred nominal postage costs. Equally, I have incurred costs to date, forresearching the law and responding to your junk mail dressed up to impersonatea parking ticket. It is clear that my costs and yours, at this point, do notexceed Ј15. Therefore, this is a formal “drop hands” offer. I remind youof the duty to mitigate any loss, so withdraw the spurious charge within 35days without further expense and I will not pursue you for my costs. Ifyou persist then I will charge in full for my time at Ј18 per hour plus my out-of-pocketexpenses and damages for harassment.
  3. Notice of cancellation of contract
  I hereby give notice of withdrawal from this alleged 'contract' which was neverproperly offered by you and certainly was not expressly agreed. This 'contract'is hereby cancelled and any obligations now end. If you offer - and if I decideto use - IAS or POPLA, then the contract ends immediately on the date of theirdecision (whatever the outcome) so my notice of cancellation still applies. TheConsumer Contracts (Information, Cancellation & Additional Payments)Regulations apply now to every consumer contract, save for a few exemptions,which parking contracts are not. It is the will of Parliament following the EUConsumer Rights Directive, that express consent is obtained for consumercontracts now - not implied consent - and that information is provided in adurable medium in advance.
  You have failed to meet these requirements. The foisting of unexpectedcontracts like this on consumers, by stealth, is a thing of the past.
  By replying to the challenge you are acknowledging receipt and acceptance ofpoints 2 and 3 above. If you decide to persist with this unwarranted threat, Iwill be put to unnecessary expense and hours of time in appealing or defendingthis matter. As such, you will be liable for my costs and a pre-estimate of myloss - and in contrast with yours, mine is genuine - is that this sum will belikely to exceed Ј100.
  I have kept proof of submission of this challenge. I look forward to yourconsidered reply within 35 days.
  Yours faithfully,
  {the registered keeper's name}
• That'll do just fine. You may well find that producing the receipt does the trick, because it proves they are just plain wrong.
• seems ok , once the spaces are re-inserted (if necessary)
  correct, popla does not exist for the IPC, its the kangaroo court known as the IAS
  popla is for BPA members
• While you are doing all the above ....
  go back to the shop and play 'merry hell ' with them !
  Demand that they get the ticket cancelled or you will never shop there again , you can threaten to return the goods you bought that day as they are now to expensive after your invoice!
  Ralph