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Lost parking ticket by private firm

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  • rjsdcssch88
    rjsdcssch88 Posts: 8 Forumite
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    Apologies and thanks for correcting me. Yes I will address it as a speculative invoice rather than fine.

    Thanks again.
  • rjsdcssch88
    rjsdcssch88 Posts: 8 Forumite
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    Hello all,

    A quick update. I sent my reply above to UK PPO via their appeals section on their website. I have now heard back from them and surprise surprise, they've rejected my appeal with this emailed reply:
    Parking Charge Number: PCNXXXXX

    Vehicle Registration Number: XXXX XXX

    Dear Sir/Madam,

    Thank you for your letter of appeal against the Parking Charge Notice issued by us on XX.XX.2016

    Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:

    The vehicle was parked on private land that is well signed with bright yellow contractual notices stating that no parking is permitted on the road at any time. The notices comply with current legislations.

    Please see the attached photographic evidence of the vehicle parked in clear view of two of the contractual notices in place.

    We have a signed agreement with the landowner which fully entitles us to enforce the notices issued at the site. We are under no obligation to provide you with a copy of this agreement, as it is commercially sensitive, but we will supply the IAS with a copy should you seek independent arbitration of your appeal.

    Please be advised that a new Law from 1st October 2012 (part of the Protection of Freedoms Act) changed liability for parking on private land from the driver of the vehicle to the vehicle’s registered keeper, unless the keeper clearly identifies who was driving the car at the time.

    The terms and conditions of the parking contract are well advertised throughout the development. By leaving the vehicle parked and unattended the driver accepted all of the prevailing terms & conditions of the contract including the charges for breach of that contract.

    You have now reached the end of our internal appeals procedure and have a number of options:

    The reply then states I can pay the invoice, or use the IAS to appeal (don't know if this will be any good).

    Their signs, which read like an essay and you have to be up close like 1 ft away don't state who the landowner is. Also, they won't provide the contractual agreement stating it's commercially 'sensitive'. The other thing is that the car was parked on the opposite side of the road to the signs they claim are clear and in compliance with current legislation (though what this legislation is, isn't mentioned). The side of the road I was parked on has no signs.

    I am now concerned over two things:

    - I did notify my hire company not to process any spurious invoices demanding payment and to simply follow BVRLA guidelines and to pass on my details and I will deal with this as this invoice is neither a fine or charge and that it doesn't fall into their terms and conditions. (I even quoted them on their t&c in my email response). Because it's a generic customer services email, I am slightly concerned, they would have ignored it and may go ahead with processing any spurious invoices.

    - I am wondering if using the IAS will make any difference and how to proceed next. Should I try find out who the land owners are and try to get them to reverse the invoice?

    Thanks.
  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
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    It is up to you whether you appeal to the IAS or not. Some say don't bother, others say appeal but it will be rejected which may encourage the parking company to go to court. However, the IAS rejection doesn't follow the Alternative Dispute Regulations 2015 so gives you a chance to win if it does go to court.

    You should contact the hire company again telling them you have appealed and are going through the IPC/IAS process, so they do not need to do anything, indeed they must not do anything if they receive anything from the PPC.

    Have a google for alternative/better email addresses, and also a postal address. Keep screenshots/proof of posting.
    I married my cousin. I had to...
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  • rjsdcssch88
    rjsdcssch88 Posts: 8 Forumite
    edited 15 October 2016 at 6:11PM
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    Thanks for your prompt reply.

    Another thing which I have noticed when I was looking at my photographic evidence is that the no parking sign has Accredited IPC Operator written on it as well as BPA written on it? I thought it was one or the other? Is that an additional argument with regards to breach of signage?

    Thanks.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
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    rjsdcssch88 wrote: »
    Thanks for your prompt reply.

    Another thing which I have noticed when I was looking at my photographic evidence is that the no parking sign has Accredited IPC Operator written on it as well as BPA written on it? I thought it was one or the other? Is that an additional argument with regards to breach of signage?

    Thanks.

    No. Perfectly ok to belong to both but probably not part of BPA AOS.
  • Ralph-y
    Ralph-y Posts: 4,563 Forumite
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    just so you begin to understand that all PPC's lie .....

    "The vehicle was parked on private land that is well signed with bright yellow contractual notices stating that no parking is permitted on the road at any time. The notices comply with current legislations."

    :rotfl::rotfl::rotfl:

    oh no it does not !


    you can not have a contract formed for some thing that is forbidden


    Ralph:cool:
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    rjsdcssch88 wrote: »
    I am wondering if using the IAS will make any difference and how to proceed next.
    Yes it will make a seriously BAD difference to you when you LOSE and then you will feel more on the back foot. This is all explained in post #3 of the NEWBIES FAQs where it is explained NOT to try IAS, and why not.

    You can't be held liable because the PCN they sent you (no doubt) didn't include the hire paperwork as stated in the POFA Schedule 4, para 13/14. So nothing happens except letters.

    Sit tight, we don't need to hear about the daft demand threatogram letters. Come back though, if you get a solicitor's (e.g. Gladstones) letter, a MIL letter or court papers (like hen's teeth from firms who are not ParkingEye or Excel/VCS).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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