Many thanks again for the useful information. The issue there are NO ANPR cameras at the location. and ticket was palced in the vehicle. The only thing was the letter.
By any chance do you have any template that i can use please.
This is what I have written to them before.
Without prejudice, except as to costs
Ref: XXXXXX(ref number)
On 13/10/2015 I was the registered keeper of a Ford Galaxy registration number xxxx (vrm).
I am appealing as keeper. Your notice to keeper is not compliant with POFA 2012 and therefore as keeper I am not liable. The notice does not specify the period of parking as required by regulation 9.2.a. of schedule 4.
The driver parked, read the notice and decided not to accept the terms and conditions. They left within a reasonable grace period. Your photographic evidence spans the period 17:40:27 to 17:41:27, or a period of one minute. This is not enough time to read the signage. You have no evidence the vehicle therefore contravened any terms and conditions.
The NTK states the parking event took place at 18:34. However, this is over one hour after the photographs were taken and you have provided no evidence to support your claim the vehicle was present at 18:34.
You claim that the signage is clear and concise. However your photographs prove this is not the case. The signage is tiny, with small writing and high up. The writing cannot even be read in the photograph you filed as evidence. The signs cannot be read from the vehicle and it is not even obvious they are related to parking.
I note that your company featured on watchdog where an undercover reporter found out you regularly file false evidence in appeals.
In Addition I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.
I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.
I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.
1. Your parking charge amount claim.
Please explain on which of the following grounds your claim is based:
(i) Damages for trespass
(ii) Damages for breach of contract
(iii) A contractual sum
2. Your loss.
If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.
3. Your status – the creditor.
Your Parking Charge Notice - Notice to Keeper simply mentions Parking Control Management UK Ltd (PCM). Please tell me who is the actual creditor making this £100.00 parking charge demand. I need to know exactly who is making the claim and in what capacity.
4. Ownership of premises.
Please tell me who owns the Heath Parade NW9 or the part of the parking bay as I wish to send them a copy of this letter.
5. Contractual Authority
Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.
If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.
I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days. I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.
If you reject this challenge or fail to address the issues that have been raised then, please ensure that you enclose all the required information (including the necessary ‘The Independent Appeal Service code’) so that I may immediately refer the matter for their decision.
If you fail to follow any of the procedures outlined in the Independent Parking Committee (IPC) Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.
Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.
Please note that a copy of this complaint has been sent to the following organisations:
1) The Independent Parking Committee
2) Driver and Vehicle Licensing Agency
3) Matthew Offord MP
4) The Independent Appeals Service