Having followed the template listed, I received this response below. Shall I just follow the POLA appeal instructions as listed, additionally they have not sent any letters to me so likely DVLA details have not been paid for. The costs they indicated are surely business costs and not their losses for me parking in a permit car park?
Thank you for your email. Please find attached our response to your appeal and a photo of your vehicle. A copy of this email will be sent to your workplace so that they are (your words) Aware of the ‘shoddy’ way we treat consumers. (Definition of the word Consumers – A person who purchases goods and services for personal use).
Many thanks for your cooperation.
Thank you for your letter of appeal with regards to Parking Charge Notice ******, issued by us on *****. After much deliberation and having carefully considered the evidence provided by you, Llawnroc Parking Services Ltd has decided NOT to cancel this Parking Charge Notice and therefore have rejected your appeal for the following reasons:
Your appeal has clearly been downloaded from a forum as the appeal is identical almost to the word of other appeals previously sent to us. A certain amount of the information in your email is obsolete or incorrect.
Your request for Genuine Pre estimate of loss which is now known as Proportionate and Commercially Justifiable Charges (as per the BPA Code of Practice para 34.6) are set out below.
You claim that signs were not seen, yet a sign was within 4 feet from your vehicle and is clearly seen in the photograph taken of your vehicle (attached) therefore we cannot accept that the keeper/driver did not see the sign. If by the slightest of chances the signs were not seen how would you know if the wording on the signage were ambiguous if you did not see the signs?
You claim that our notice fails to comply with the POFA 2012? Not once has POFA 2012 been mentioned within the parking charge notice therefore we cannot be in breach of the Act. We will however use the Act should it become necessary to do so.
The signage does state that a permit must be displayed and your vehicle has failed to display a permit and was therefore in breach of the terms and conditions of parking.
Please also see below as requested the costs to Llawnroc Parking Services and the landlord.
Calculations for a Proportionate and Commercially Justifiable Charges set out below refers to costs that we estimate, at the time of issuing the PCN, would be incurred in this case;
The amount sought as the parking charge notice is a term of the contract as stated on the signage, the signs make this very clear that “by entering this parking area or car park you are contractually agreeing to the terms and conditions” rather than a breach of it, therefore reference to the signage should be sufficient, the Proportionate and Commercially Justifiable Charges should therefore be irrelevant.
The signage does NOT indicate that the amount sought is for damages, if it did then the Proportionate and Commercially Justifiable Charges would apply
However the Proportionate and Commercially Justifiable Charges set out below refers to costs that we estimated at the time of issuing the PCN:
DVLA Fees/processing costs for this appeal £8.00
Admin expenses for this appeal £3.00
Attendants and appeal staff wages for this appeal:
Attendants (PCN recording and issuing) for this appeal £3.00
Appeal staff 1 hour (appeals writing) £9.00
Management at 3 hours (quality control/evidence gathering and appeal writing) for this appeal £61.50
Legal accounting and IT advice for this appeal £1.50
Total loss £87.50
You now have a number of options:
1. Pay the Parking Charge Notice at the prevailing price of £30 within 14 days. Please note that after this time the Parking Charge Notice will rise to £60
2. Make an appeal to POPLA – The Independent Appeal Service by completing the appeals form online at www.popla.org.uk . If you wish to use this service we have supplied you with a unique 10 digit verification code number which is ******, the appeals service will not process your appeal without it. You should complete the form within 28 days of receiving the Notice of Rejection from us. Further instructions in filling out the form and how the service works is attached to the enclosed form. Please be advised that if you opt for the independent arbitration, you will lose the right to pay the charge at the discounted rate of £30 and should POPLA’s decision NOT go in your favour you will be required to pay the full amount of £60. If you opt to pay the parking charge you will be unable to appeal to POPLA.
3. If you choose to do nothing we will seek to recover the monies owed to us via our dept recovery procedures where extra charges will be added and may proceed with court action against you.
Payment can be made by cheque, postal order (made out to Llawnroc Parking Services Ltd) or Cash. Please quote the parking charge notice number on the reverse of the cheque and send to the address at the top of the page, or log onto www.llawnroceparking.co.uk or telephone the 24 hour payment line on 0844 304 0102 in order to pay by debit or credit card.
Thank you for your co operation