A question about : LDK PCN Query
Hi all,
I wonder if I could ask for your opinions please.
I was issued with a PCN, by LDK, at the beginning of the month, whilst I was visiting a relative in a block of private apartments (in England) - my relative let me into the car park, by raising the barrier. No officials were available in the managed block to issue a visitors parking permit (free of charge), so I just left a note on the dashboard saying I was visiting. On my return to the car, I’d been issued with a PCN for not displaying a permit.
Am I right in thinking I don’t need to do anything until I receive a NTK? I was tempted to appeal before the NTK has been issued, but, following the flowchart, it says this is only necessary if the PPC is NCP or a small company.
Signs, saying ‘Permit Holders Parking Only’ were clearly visible when I parked, and are shown, with my car, on LDK’s website. So, looking forward to when I receive the NTK and I need to make a soft appeal, what grounds for appeal do I use? The only argument that seems applicable (apart from the mitigating circumstances of nobody being available to issue a permit) is ‘genuine pre-estimate of loss’. As I see it, permits are issued free of change, therefore there is no loss to the landowner. There are no nearby shops, so I wasn’t restricting their income by taking up a parking spot, and there were plenty of empty spaces, as seen on LDK’s own evidence photographs!
What are your thoughts?
Mav
Best answers:
- That's right you wait for the NTK then forget about 'finding grounds for appeal', just send the full first appeal template letter from the NEWBIES thread (yes including the signage point as well, leave it all in). What you do NOT do is write as driver about what happened!
- OK, thanks Coupon-mad.
- See you again here after Christmas then - in 2015 - as the NTK will be late I suspect and may look like a debt collector letter rather than a Notice. 'Late' and 'non-compliant' is all good for your side of the appeal!
- As an update: the NTK arrived late, over 70 days after the original PCN was issued.
I filled in the on-line appeals form on 16th January, 3 days after the date on the NTK, and received an auto-reply e-mail saying “Your appeal has been received and will be dealt with in due course”. I’ve since heard nothing.
When should I expect an acceptance or rejection of my appeal? Do I need to do anything further, before the 28 days appeal notice expires? i.e. in the next 3 days. - As expected, my appeal to the PPC has been rejected. Here then, is my appeal letter to POPLA. These are the only two points I think I have grounds for appeal on. Please could you have a read through and let me know your thoughts?
Dear POPLA,
Verification code: **********
PCN Ref: ******
Vehicle registration number: *******
Operator: LDK Security Group Ltd.
A Parking Charge Notice was issued by LDK Security Group Ltd. on 1st November 2014, but I believe it was unfairly issued. As keeper of the vehicle I am appealing against this Parking Charge Notice for the following reasons:
1. The charge is disproportionate and not a genuine pre-estimate of loss
The amount LDK Security Group Ltd. has charged (Ј125) is not based upon any genuine pre-estimate of loss, to them or the landowner.
According to the Unfair Consumer Contract Regulations 1999, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. LDK Security Group Ltd. state that no permit was displayed. As parking permits are issued free of charge, there can be no loss to the landowner.
2. The Notice to Keeper is non-compliant
The Notice to Keeper is dated 13th January 2015 – 73 days after the Parking Charge date of 1st November 2014.
The issue of the Notice to Keeper is therefore late. Consequentially, as a member of the British Parking Association, LDK Security Group Ltd. has contravened their code of practice, after failing to meet the obligations of Schedule 4 of the Protection of freedoms Act 2012.
I therefore respectfully request that my appeal is upheld and the charge is dismissed.
Yours faithfully,
********* - I would do the following
3) also query the signage as it may not meet the BPA CoP, so query it anyway
4) query the landowner contract, ie:- make them produce the contract that allows them to operate (to popla and to yourself)
always query everything
now in my opinion:-
the 2 points you have queried need expanding on, so seek other appeals that do so and add sections to your own 2 points
also find and use the points 3 and 4 I have raised , withs suitabley more detail than in your last post
so at least 4 points, all with the whys and wherefore as seen in other popla appeals
possibly more legal points to raise , but at least your 2 and my 2 = 4 or more in total
also add a bullet point style menu just before rhe appeal points (a menu the assessor can check easily to see what is in all the blurb below the menu)
this is providing you are not testing the water with few points and little content, as a test case, and are prepared to lose ?
so if you are not testing the waters, add more to the appeal
for example , like in this one
https://forums.moneysavingexpert.com/....php?t=5178343
and this one https://forums.moneysavingexpert.com/....php?t=5166435
- 1964 reads