Important information governing your legal relationship with AppealNow.com™ and the service it provides to you in appealing against your parking ticket or parkings tickets.
This Agreement is a legal document which sets out your rights and obligations, and those of Margrove Software Limited, the administrator, a company registered in England under registration number 4049159 ("Margrove", AppealNow.com", "we" or "us"), in relation to this website ("website", "site") and the services offered through the website by AppealNow.com™ (the "AppealNow.com™ Service"). It includes the notes A, C and D below.
A.1. Please remember that we only deal with Penalty Charge Notices issued in England and Wales by local authorities and Transport for London under the Traffic Management Act 2004, and in Scotland under The Road Taffic Act 1991 . We also deal with Penalty Charge Notices issued under the various London Local Authorities Acts and the Congestion Charge legislation. We are not able to deal with any appeals to the Parking Adjudicator so we cannot deal with your case if you have received a Notice of Rejection.
B. Please note that this is an appeal writing service and the appeal is sent on your behalf to the council or Transport for London. We do not sell template letters nor do we sell drafts of letters. If you pay for one of our services it is only for for us to lodge an appeal with a council or Transport for London. If you pay for a service it is not a payment for advice.
C. Pease note if you submit a/an appeal(s) and we submit them on your behelf but it turns out that for any reason the time for submiitting the appeal was past when you registered the appeal we are unable to issue a refund.
D. At the moment we do not deal with so called "Parking Tickets" issued for parking on private land ( but see our discussion by clicking on this link).
By registering for or using the AppealNow.com™ Service, you agree to the terms of this Agreement, and you reconfirm your agreement every time you use it. Without prejudice to the generality of the foregoing Users of the AppealNow.com™ website and/or services similarly affirm that they are bound by this Agreement each time they access the AppealNow.com™ website or Service. You should be aware that this Agreement may change from time to time in accordance with Clause 22 below.
This site is for motorists who wish to appeal against incorrect Penalty Charge Notices ("PCN") in respect of alleged parking or Congestion Charging violations or incorrect Clamping & Removal Charges, incorrect Bus Lane fines and incorrect Congestion Charge Clamping & Removal.
2. Users of the AppealNow.com™ website and/or Services .
Individuals or company's who register for or use the AppealNow.com™ Service ("User", "Users") must in the case of individuals be at least 18 years of age. For the avoidance of doubt any persons visiting the AppealNow.com™ website or using the AppealNow.com™ services are referred to collectively as "Users".
Individuals or company's who register to use the AppealNow.com™ Service must in the case of individuals be at least 18 years of age.
Individuals and companies ("members", "member", "users", "user",) that register to use the AppealNow.com™ service automatically become members of the AppealNow.com™ service.
Annual Registration entitles you to :
• The right to have every letter generated by the AppealNow.com™ service from as little as £11.99 for each appeal letter
• All benefits of membership for the time being in place.
Please note that we are not an Internet service provider. In order to avail yourself of the AppealNow.com™ Service, you must have Internet access and all the appropriate hardware and software, skills and equipment required for email and web usage. Please note that this service is designed for new appeals i.e. where no representation or appeal has yet been lodged against a Penalty Charge Notice ("PCN") issued by a local authority or Transport for London PCN. Please note that the site cannot be used to appeal against so called "parking tickets" issued for parking on private land nor in relation to clamping of vehicles on private land.
You undertake to register for the AppealNow.com™ Service using accurate and current information about yourself – including your correct name, address and any other details we request.
You undertake, in respect of each PCN to log your information relating to that PCN within 3 days of the date on the PCN (in the case of PCNs issued by post within 3 days of the date of service). If you do not lodge your appeal within the aforementioned 3 days you may have lost the right of appeal or the right to pay a reduced penalty if you subsequently decide to pay the PCN.
You undertake, in respect of each Notice to Owner ("NTO") to log your information relating to that NTO ideally within 3 days of the date of service of the NTO . If you do not lodge your appeal within the aforementioned 3 days you may have lost the right to appeal against the Notice to Owner. Additionaly if you agree to pay the NTO you will have lost the right to pay the reduced fine.You should make a note of the date that you received the NTO and retain the envelope it came in as councils often send the NTO out several days after the date shown on the NTO.
Please note that we cannot deal with any case where you have received a Notice of Rejection, Charge Certificate or an Order for Recovery. We regret that we are no longer able to take appeals to the Parking Adjudicators for individuals.
You also undertake to supply to AppealNow.com™ completely accurate information about yourself, any parking or other incident in respect of which a PCN has been issued.
AppealNow.com™ does not supply you with copies of the appeal or appeals sent on your behalf.
You also undertake not to abuse the service or use it for any malicious, illegal or inappropriate purpose.
If you are asked for, and provide details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has sufficient available funds or credit to cover the charges which are deducted from it.
As part of the registration process for the AppealNow.com™ Service, you may receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email will contain simple instructions for you to follow.
5. AppealNow.com's Position.
You, acknowledge that we are not and cannot be held responsible for the information placed by Users – whether on the AppealNow.com™ website or outside of it. In particular, you should be aware that AppealNow.com™ does not pre-screen or monitor the information contributed by Users.
6. Additional services.
AppealNow.com™ or its affiliates may from time to time offer new or additional services through the AppealNow.com™ website. Your use of those services may be subject to additional terms and conditions, or rules of use, with which you must comply. Provided that those terms or rules are notified to you on the AppealNow.com™ website in an appropriate manner (as determined by AppealNow.com™ in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
7. Operation of AppealNow.com™ Services.
AppealNow.com™ reserves the right to withdraw or modify one or more aspects of the AppealNow.com™ Service where we have legal, administrative or technical reasons to do so (including technical difficulties experienced by AppealNow.com™ or on the Internet). There may also be times when the AppealNow.com™ Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change the Username or password with which you gain access to the AppealNow.com™ Service.
8. Misuse of AppealNow.com™ Services.
We reserve the right (a) to suspend or terminate any User's access to the AppealNow.com™ Service, or parts of it, and/or (b) to edit, or require the User to edit, material posted on the AppealNow.com™ website, if the relevant User or the posted material appears to us to be in breach of any provision of this Agreement.
Any person whose access has been suspended or terminated must not re-register for, or re-access, directly or indirectly, the AppealNow.com™ Service without our prior consent. You are responsible for everything that is done on or through the AppealNow.com™ website while your User account is logged on to the AppealNow.com™ Service or while you are visiting or using the AppealNow.com™ Service, or through your email address.
9. Appropriate and Inappropriate Use.
The AppealNow.com™ Service is intended to be used by its Users for the purposes referred to in Clause 2 above. Accordingly, Users must not:
• include an email address, postal address, phone number, the address of any website, or any other information or material which is not specifically germane and required for the appeal on the AppealNow.com™ Service or
• place, without prejudice to the generality of the foregoing, any material on, or otherwise use, the AppealNow.com™ Service for any business or commercial purpose, or place, without prejudice to the generality of the foregoing, any material on the AppealNow.com™ Service which is illegal, or otherwise use the AppealNow.com™ Service for any illegal purposes, or place, without prejudice to the generality of the foregoing, any material on the AppealNow.com™ Service which is libellous, or otherwise use, the AppealNow.com™ Service for any libellous purposes, or
• use access to the AppealNow.com™ Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as ‘Spam').
10.1 You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time that you agree to make use of the relevant AppealNow.com™ Service.
10.2 Refunds :
10.2 (a) The User by registering, entering or using the website, agrees that the supply of services by us has begun before the end of the cancellation period applicable under regulation 12 of The Consumer Protection (Distance Selling) Regulations 2000 and accordingly fees paid by a User will not be returned or refunded in whole or in part by AppealNow.com, unless, in the exceptional circumstances that the AppealNow.com™ Service for which the User has paid for has not been actioned by us within 24 days of the information being submitted to the website.
10.2 (b) If payment has been made for a service which the website cannot be used for and which has been specifically indicated on this page or elsewhere e.g. private parking tickets for parking on private land, charge certificates or orders for recovery we will refund your fee but reserve the right to charge an administrative fee to cover our costs and the costs of our credit card merchant. Because of the enormous amount of time that we have to spend on these matters our charge our administrative fee to cover our time and the costs of our credit card merchant will be £5.75 from 2nd December 2011.
10.3. We may add new or ancillary services from time to time that require the payment of fees, either to us or a nominated third party, on terms which will be provided to you at the time.
You are responsible for ensuring that no material you post, or which is posted through any device on or through which you access the AppealNow.com™ Service, nor any activity or communication you make in connection with any AppealNow.com™ Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
12. Alerting AppealNow.com.
If you see anything on the AppealNow.com™ website which appears to infringe this Agreement, then please contact us to inform us by emailing us here.
Each User acknowledges that we do not monitor material which appears on the AppealNow.com™ Service, and that we are reliant upon you and all Users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the AppealNow.com™ website.
13. Withdrawal of material and Termination of User's Access.
Each User acknowledges that we are entitled to withdraw any material on the AppealNow.com™ Service which appears whether based on information received from Users or others, or our own determination to be capable of breaching any part of this Agreement, or of bringing the AppealNow.com™ Service into disrepute.
14 Disclaimer and Release.
• You also acknowledge and accept that AppealNow.com™ has no control over or responsibility for the truth or accuracy of any material available on the AppealNow.com™ Service, whether provided by Users or others.
• If any third party sites can be accessed via a hyperlink from the AppealNow.com™ website, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
• You should exercise the appropriate degree of caution in evaluating what you see on the AppealNow.com™ website.
• Your use of the AppealNow.com™ Service is entirely at your own risk.
• You also acknowledge and accept that AppealNow.com™ does not act as your agent and is no way responsible for any of your actions.
• You acknowledge and accept that AppealNow.com™ acts solely as a letter writing service, writing letters or e-mails on your behalf, based solely on the information which you have provided, and dispatching those letters at its sole discretion by mail, fax, e-mail or courier.
• You acknowledge and accept that AppealNow.com™ as letter writing service and does not offer any legal or other advice and that the term letter includes e-mail or e-mails.
• You acknowledge and accept that AppealNow.com™ has your specific authority to read any information you enter or submit on the website and that AppealNow.com™ may , in its absolute discretion, and without any liability on its part, prevent any letter or e-mail which is generated by the website, from being sent if there has been any breach of either Clause 8 or Clause 9 above.
• You hereby authorise AppealNow.com™ to add your name in computer type as the signatory of any letter or e-mail prepared and submitted in your name or where appropriate or required to sign your name or sign on your behalf a letter of appeal.
• You acknowledge that it is your responsibility to ensure that you solely control the email address you have nominated during registration.
• You accept that any communications from AppealNow.com™ will be sent solely by e-mail to the e-mail address you show in your login.
• You acknowledge that by entering the AppealNow.com™ site you acknowledge that we may contact you by e-mail, post, fax or SMS text messaging to send you information relating to the use of the site or for any advertising purposes whatsoever.
• You acknowledge and accept that AppealNow.com™ produces the letters referred to above based on its interpretation of the rules and legislation relating to fines or charges levied in respect of alleged parking or Congestion Charging violations or incorrect Clamping & Removal Charges, incorrect Bus Lane fines and incorrect Congestion Charge Clamping & Removal and shall not be held responsible for any failure (whether due to our action or inaction or misinterpretation of the law) of any appeal for any reason whatsoever.
• You accept that you have no proprietary right or interest in any part of the AppealNow.com™ website, nor any rights or intellectual property of the AppealNow.com™ website.
• AppealNow.com™ reserves the right at its sole discretion not to allow you to use its service once you have logged in, if for technical reasons it cannot provide the service to you.
• Accordingly, to the extent that the law permits, you release AppealNow.com, its directors, contractors and employees from all liability arising out of or in connection with the AppealNow.com™ Service and the material included on it by Users and other third parties.
• You accept that the only currency we accept is British Pounds Sterling.
15 Intellectual Property.
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the AppealNow.com™ Service or website (including the material that is contributed by Users) are owned by AppealNow.com. Accordingly, no one may copy, distribute, show in public or create any derivative work from the AppealNow.com™ Service or website, or any of the material which is found on the AppealNow.com™ website unless properly licensed to do so by us in writing.
By submitting any material to the content to the AppealNow.com™ Service or website, you:
are representing that you are fully entitled to do so
• grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
• authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
16 Excluded loss.
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). AppealNow.com™ will also not be liable for any failure to perform its obligations under this Agreement caused by circumstances beyond its reasonable control.
17 Maximum liability.
Without limiting the preceding clause, during any period of twelve months, the aggregate liability of AppealNow.com™ under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed £5 (five pounds sterling).
18 Non-excluded liabilities.
Nothing in this Agreement limits AppealNow.com's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you on or through a device with which you access the AppealNow.com™ Service.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of AppealNow.com™ assign or dispose of this Agreement.
21 Entire Agreement.
22 Changes to this Agreement.
AppealNow.com™ reserves the right to change this Agreement from time to time, and post the new version on the AppealNow.com™ website. When we do so, we will notify you of the fact that there are changed terms on our homepage (www.AppealNow.com.)
The new version of these terms and conditions will take effect, and will govern all AppealNow.com™ Services and your relationship with AppealNow.com:
• commencing 7 days after the date of posting (or such later date as AppealNow.com™ indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the AppealNow.com™ Service; or
• immediately upon the date of posting (or such later date as AppealNow.com™ indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you, examples of which would include, without limitation, changes to one or more of AppealNow.com's addresses or email addresses referred to in this Agreement.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
You may contact us by post at Suite 13, 95 Wilton Road, London SW1V 1BZ but e-mailing us is much better. PLEASE DO NOT SEND ANY ORIGINAL DOCUMENTS BY POST. WE CANNOT BE RESPONSIBLE FOR ANY ORIGINAL DOCUMENTS SENT BY POST NOR CAN WE BE RESPONSIBLE FOR RETURNING ANY DOCUMENTS OR CORRESPONDENCE SENT TO US.
You may contact us by post at Suite 13, 95 Wilton Road, London SW1V 1BZ BUT emailing us is much better.
PLEASE DO NOT SEND US ANY ORIGINAL DOCUMENTS OR COPIES OF DOCUMENTS.
WE CANNOT BE RESPONSIBLE FOR ANY ORIGINAL DOCUMENTS SENT BY POST NOR CAN WE BE RESPONSIBLE FOR RETURNING ANY DOCUMENTS OR CORRESPONDENCE SENT TO US.
Please do not send cheques to this address.
Margrove Software Limited administers this website and is domiciled in England.
Reversing the charges(TM)
RECEIVED A "PARKING TICKET" FOR PARKING ON PRIVATE LAND? - CLICK ON THIS LINK
To learn more about yellow lines, Controlled Parking Zones and parking signs click here.
Click on these links if you want to learn more about Car Clamping and Towing, Red Routes, Bus Lanes and "Key Cases" decided by the parking adjudicators.
Do you want know how to save yourself a £120 parking ticket by spending just 5 pence ? To find out more sign up for the AppealNow.com newsletter by clicking on the coin.