Letter writing skills needed

[minerva]

I guess i'm brand new,

 

got a parking ticket on monday and was googling to get a sample appeal letter & i ended up here.....from what i've read i think i'm going to hang around for a while so i'm afraid you may just be stuck with me

[Allyxia]

Hello and Welcome

Well this is going to be the first time that a parking ticket is going to make you money.

There is a whole forum on parking tickets etc etc so after you have finshed sorting that one out and you wnat to get your money back off the banks:-

First of all don’t panic - you will soon have your money back in your hands where it belongs!!

Yes…you can claim back your charges, even if you were late paying, even if you went over your limit and even if your DD Bounced!!!

Remember the banks have acted unlawful you haven’t!!!

Before you start anything make sure you read the FAQs and as many threads as possible as there is a wealth of information on here!!

Before you begin, make sure you start your own thread in the bank forum you are claiming against. Here you will have other “experts” who know how that particular bank reacts. As you have already posted this one, I assume you already know how to do that!

First of all, if you haven’t already, you need to get hold on your statements. You do this by sending them SAR letter. Remember you can claim back for the past six years, including closed accounts, mortgage, credit cards, car finance, loan accounts and even accounts that are with Debt Collection Agencies and Bailiffs!!!!

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

If you already have your statements then you can start by sending them the Prelim letter.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

Remember its important to open a parachute account, especially if the charges are spiralling out of control and you have little or no money left, at the end of each month.

If your account goes into a negative balance after you have transferred your banking, send them this notice to prevent them taking any further action.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

If you get stuck have a look (by searching) to see if your question has already been asked by reading other people threads, if you are still not sure either post your question in your own thread or PM me and I will be happy to help you.

Also look for another newbie claiming against the same bank as you, that way you can do your claim together and support each other as the post drops through the door!!

Sometimes the banks act awfully and you can get very stressed out by it all. But stick to your guns - you are in the right - they are not. Don’t let them put you off, that’s what they want to do!

Good Luck

[minerva]

Thanks Allyxia,

 

I really only wanted to sort out my parking fine for now though. I always manage to get my bank charges back as & when they happen. Just this morning I had to go in all guns blazing because they charged me £35 for being overdrawn £3.45

 

The cheek of it!! Of course I got that money back

 

I'm not so clued up on parking though having only been driving for a year *sigh*

[Allyxia]

Ok hon as long as you are sure.

 

Try this

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[Allyxia]

Dont know why that link came up sorry .

 

Im sorry I am trying topost the link here for the correct forum but for some unknown reason it doesnt appear to be working I realy do apologise.

 

Just bare with me I will get back to you

[Allyxia]

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens

 

Dah Dah

[minerva]

Hiya,

 

I managed to get a PCN on 13/11/06, I was parked in a pay & display car park and had displayed my ticket but it had fallen into the footwell when i returned to my car.

 

I had parked front facing the main road which is something i wouldnt have done if i wasnt going to pay!!

 

Anyway, I want to appeal it obviously!

 

from what I have seen so far on these boards I can only find 2 faults with the ticket.....

 

1) It was in a fixed penalty envelope.

 

2) It has absolutely no mention of appeals anywhere on the ticket.

 

Firstly is it best that I say the ticket was there & the warden was mistaken or should I appeal to their human side if they have one & be truthful & hope for the best?

 

Secondly, I would really appreciate if someone who knows the relevant "Act" to state would draft me a letter. I am usually ok at writing complaints etc but as for parking tickets I wouldnt know where to start & obviously I dont have long left!

 

Thanks in advance

[patdavies]

Who issued the ticket?

 

Police or traffic warden

Council parking attendant

Private company

 

Does the ticket refer to any Act of Parliament?

[minerva]

Sorry, It was a council ticket

 

all the wording on it is:

 

PENALTY NOTICE CHARGE

 

PCN NO: BN02014930

Date of Issue:1/11/06

Vehicle Reg No: N*** ***

Make Of Vehicle: Renault

Colour:Silver

Which was seen at Location XYZ

 

 

From 14.32 To 14.39 on 13/11/06

Parking Attendant BN116 (then signature)

 

Who has reasonable cause to beleive that the followng contravention had occured:

 

Parked in a pay & display car park without clearly displaying a valid pay & display ticket

Contravention Code: 83

YOU ARE THEREFORE REQUIRED TO PAY A PENALTY OF £60 WITHIN 28 DAYS. tHE CHARGE WILL BE REDUCED TO £30 IF PAYMENT IS RECEIVED WITHIN 14 DAYS

 

There is then a payment slip on the bottom and payments info overleaf

 

thats it

[livelylad]

This thread will help read and extract the information you require.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/5232-your-parking-ticket-may.html?highlight=parking+ticket

[minerva]

As said in my original post i have read through the threads, I just have no idea how to word a letter

[chesham]

Hi Minerva,

 

Were you parked on the road, in a council car park, private car park etc?

 

Does the ticket state any laws or Acts of Parliament?

Also, is there a date of issue AND a date of offence, or just one?

 

Sorry to repeat Pat's question, it does make a difference!

[minerva]

The exact wording of the ticket is quoted in the above post

 

I was parked in a car park. I am guessing it is a council car park but I wouldnt know the difference to be honest

[patdavies]

The exact wording of the ticket is quoted in the above post

 

 

Are you absolutely sure about this?

 

According to the above, thye issued the ticket 12 days before the alleged contravention!

[minerva]

LOL hence why I cant write the letter for myself

 

Try again:

 

PENALTY NOTICE CHARGE

 

PCN NO: BN02014930

Date of Issue:13/11/06

Vehicle Reg No: N*** ***

Make Of Vehicle: Renault

Colour:Silver

Which was seen at Location XYZ

 

 

From 14.32 To 14.39 on 13/11/06

Parking Attendant BN116 (then signature)

 

Who has reasonable cause to beleive that the followng contravention had occured:

 

Parked in a pay & display car park without clearly displaying a valid pay & display ticket

Contravention Code: 83

YOU ARE THEREFORE REQUIRED TO PAY A PENALTY OF £60 WITHIN 28 DAYS. tHE CHARGE WILL BE REDUCED TO £30 IF PAYMENT IS RECEIVED WITHIN 14 DAYS

[chesham]

YOUR ADDRESS

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXXX

DODGY UNFORGIVING COUNCIL

XXXXXXXXXXXXXXXXX

XXXXXXXX

XXXX

XXXXX

 

To Whom It May Concern:

Ref: XXXXXXXXXX

I am writing with regards to the above parking ticket, which was placed on my vehicle on DATE.

I wish to formally make an appeal against this ticket on the grounds set out below.

I refute the allegation of not clearly displaying a valid pay & display ticket. I did purchase and subsequently display a ticket - please see copy of ticket enclosed. I am not clear why this allegation has been made, and would request further evidence to support your allegation of the contravention, and as such would ask for confirmation that this matter is either concluded, or suspended pending further review.

As you can see, I duly paid the fee required to park my vehicle in [the car park] and placed my ticket in my vehicle. Therefore, I am disputing the allegation in it's entirity.

I would also like to point out that the PCN issued contains the date of alleged parking infringement – however, it does not state the date of issue. This is not in accordance with Section 66 of The Road Traffic Act 1991. Therefore, this ticket is invalid. Should there be any doubt in this matter, I refer you to a ruling made by PTAS in February 2006, which must be followed by way of Statutory Interpretation.

The Department for Transport guidance circular says ‘..when carrying out prescribed functions, and issuing a PCN in one such, [parking attendants] are subject to the Parking Attendants (Wearing of Uniforms) (London) regulations 1993’. In these guidelines, it states that parking attendants should be wearing headgear during enforcement activity. On the day in question, when returning to my vehicle, I noted that the attendant was not wearing the [headgear] in question.

May I also point out that your ticket does not clearly state how to appeal against the issue of the notice, which again may well be illegal.

On the basis of the above points, it is clear that this ticket is invalid and cannot be legally enforced. Should any further action be commenced against myself with regards to this ticket, I will have no further hesitate but to refer this matter into the hands of either PTAS or a Civil Court.

I would be grateful if you would confirm receipt of this letter within 7 days, and request that should you disagree, you must inform me in writing no less that 14 days before commencing any action relating to the alleged offence.

I look forward to hearing from you.

Kind Regards,

ANGRY PERSON !

 

[minerva]

LOL very nice, Thankyou

 

although the ticket does have a date of issue so i'm not sure where that came from

 

just in case anyone was interested i typed up the whole wording from the back of the ticket too.....

 

PENALTY CHARGE NOTICE

Payments and Enquiries

Enquiries concerning this penalty charge notice must be made in writing. Telephone enquiries cannot be accepted.

The address for enquiries and payments is Parking Services, PO BOX 122, Bristol, BS31 9AE.

Remittance should be made payable to Bath & North East Somerset Council. Do not send cash in the post.

Payment must be made within 28 days of the date of issue of the Penalty Charge Notice. Payment of the reduced charge shown overleaf, received within 14 days will be accepted as full and final settlement.

Post dated cheques will not be accepted.

Payment can also be made

Instantly and easily by credit or debit card by using our 24 hour payment line. The number is 0845 130 6300.

Your call will only be charged at the local rate.

OR

By Telephone (normal office hours mon-fri) using a credit or debit card on 01225 395097 or 01225 394909

In Person at the parking shop at the Guildhall between the hours of 0830 and 1700 monday to friday and 0900 to 1300 on saturdays with the exception of public or bank holidays or at any B&NES payment office during normal office hours.

Please quote Penalty Charge Notice number at all times

If Payment is not made within 28 days, the registered keeper or the person the council beleives to be the owner of the vehicle may receive 'notice to owner' asking for payment. This notice should not be ignored.

The notice will also describe how the owner may make formal representations against the issue of the Penalty Charge Notice.

[chesham]

2) It has absolutely no mention of appeals anywhere on the ticket.

 

Ah well, you see important to put every tiny detail on it!

 

Ignore the part about date of issue - this invaluable letter once got me off a parking ticket, I should have left it out!

 

However, you must also delete the part about not mentioning appeals, as you said above that it has no mention of appeals, but on reading what the back says, the last line does mention appeals.

 

I would send this letter, sticking with their human side, in that you paid your money. You could plead ignorance, as I doubt if they took a photo and the burden of proof would be on them, i.e. down to the them to prove there was no ticket, and without a photo, it's not good.

 

Also, may I mention in this post that digital images from a digital camera and not submissive in court, yet the councils issues their wardens with digital cameras to take pictures, which make the public scared. Digital images can be TAMPERED with by either party, so you can always contest an image taken by a digital camera.

[minerva]

It says that information will arrive with the Notice To Owner which will be sent out IF you do not pay within the 28 days, leading you to beleive that you cannot appeal beforehand & by this time you will owe the full amount. It gives you no information on how to appeal at the time.

 

I'm sure this is not allowed?

[POCA]

Guess you'd better leave out the bit about the Parking Attendants (Wearing of Uniforms) (London) Regulations 1993 as well if you're in Bristol.

[minerva]

Thats probably a very good idea

[chesham]

Very true - I do apologise, as you can tell my parking offence were in London and my editing skills were slightly off :o

[minerva]

Thanx Chesham, I edited your letter & managed to pull a pretty sweet one out of it

 

I posted the letter on monday so fingers crossed for me please

 

(along with one to the bank too!)

[minerva]

Thanks Allyxia,

 

After getting my letter for the Car Park Ticket written I decided I would get on at the bank too. I know I have had many of my charges back but I am not sure if I have had them all so figured while I am here & in the mood I would go get em.......I sent off my first letter on Monday so fingers crossed

 

Thanks again, & if I get anything out of them I owe you a double Brandy!

 

 

Min

[Allyxia]

Ah well done when I first started I was like you got most of them back as and when but one month the bank retorspective applied £200 worth of charges that they had missed from a few years ago.

 

Then from here I realised I could go back 6 years and deal with closed accounts as well.

 

Im now claiming around £8K and have had over £4k paid out already!

 

So it is worth doing trust me - i know Im not alone in this case!