Hi all,
Below is a draft and asking for your help whether this is suffcient to sent to the PCN issuer, is there anything to be added or removed:
Dear Sir/Madam,
I write as the registered keeper of the above vehicle.
The Parking Charge Notice is disputed in its entirety.
For the avoidance of doubt, this appeal is submitted solely by the registered keeper. No admission is made as to the identity of the driver and the registered keeper is under no legal obligation to identify the driver. Nothing contained within this correspondence should be taken as such an admission.
The operator bears the burden of proving that a legally enforceable parking contract was formed with the driver and that all contractual terms were adequately brought to the driver's attention.
The registered keeper disputes that this burden can be discharged for the following reasons.
1. Failure to establish a clear contractual agreement
The operator alleges that payment was required. However, it must demonstrate that the contractual terms relied upon were clearly displayed, prominent, unambiguous and capable of being accepted before any contract was formed.
A mere assertion that payment was not made does not establish that a legally enforceable contract existed.
2. Confusing operation of the site
This location has historically operated differently from the system now described by the operator.
Historically, motorists who were required to pay would ordinarily do so before leaving the site, with the exit barrier remaining closed until payment had been made or assistance had been provided.
Following the change in parking management, the operation of the site appeared materially different. On numerous occasions the exit barriers were observed to be permanently open, to lift automatically without any apparent payment verification, or to be visibly damaged and undergoing repair or maintenance. Engineers were frequently observed attending the barrier equipment.
Against that background, the operation of the site became inconsistent and capable of causing genuine uncertainty as to the parking arrangements in force.
If the operator contends that the site had changed to a "pay on entry" system, it is put to strict proof that this significant change was clearly, prominently and unambiguously communicated to motorists.
3. Strict proof of system reliability
The operator is put to strict proof that:
the payment terminals were fully operational;
the ANPR system was functioning correctly;
the barrier equipment was operating correctly;
no maintenance, faults or outages affected the site on the dates in question;
all timestamps and payment records are accurate.
In light of the repeated observations of barrier maintenance and inconsistent barrier operation, a generic assertion that no payment was recorded is insufficient.
4. Strict proof of landowner authority
The operator is put to strict proof that it holds a contemporaneous written agreement with the landowner authorising it to:
enter into contracts with motorists;
issue Parking Charge Notices in its own name; and
pursue unpaid parking charges through civil proceedings.
A mere site agreement or witness statement will not be sufficient.
5. Keeper liability
Should the operator seek to pursue the registered keeper, it is put to strict proof that every statutory requirement necessary to establish keeper liability has been complied with.
6. Failure to properly consider representations
Should this appeal be rejected, the operator is requested to address each substantive point raised rather than issuing a generic response asserting only that payment was not identified.
If the operator rejects this appeal, please provide:
a POPLA verification code;
copies of all photographs relied upon;
payment machine audit logs;
maintenance and fault records relating to the payment and barrier systems;
ANPR audit records;
copies of the signage relied upon;
and a copy of the contemporaneous landowner agreement.
The registered keeper reserves all rights and will rely upon any additional legal and evidential grounds in any subsequent appeal or proceedings.
Yours faithfully,
[Registered Keeper]
