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New Advice For Private Tickets After 1st Oct

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bargepole
bargepole Posts: 3,231 Forumite
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in Parking tickets, fines & parking
There has been a lot of conflicting advice regarding how to treat PPC tickets following the implementation of the POFA on 1st October 2012.

The following has been posted as a "sticky" on Pepipoo, after input from various sources. It may be updated at a later date, once the POPLA appeal process becomes clearer, and possibly once some cases have gone to a court hearing:

http://forums.pepipoo.com/index.php?showtopic=46975

I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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  • taffy056
    taffy056 Posts: 4,895 Forumite
    edited 1 October 2012 at 10:37PM
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    Yes it is sensible as a whole, don't know why they say England only as this has been implemented in Wales also
    Protection of Freedoms Act (England only)

    In England the Protection of Freedoms Act has introduced some changes that might affect your decision whether to simply ignore a PPC ticket. These changes apply only to parking companies that are also members of the BPA AOS scheme, and are principally:
    • If the ticket is ignored or the vehicle's Registered Keeper (RK) does not give the PPC the details of the driver at the time of the alleged transgression, they are entitled to pursue the RK for the charge instead of the driver. If the RK gives the name of the driver the PPC must solely pursue the driver. Therefore as long as the PPC goes through the correct process, relying solely on the argument that "I was not the driver" won't help you. However that is the only change, and if the decision is to ignore then it simply means that the RK ignores rather than the driver.
    • There is an independent "appeals" process, operated by Parking on Private Land Appeals (POPLA). The grounds on which POPLA will consider an appeal look to be narrow and until the first appeals are heard we don't know the stance it will take. However the appeal costs you nothing and costs the PPC £27+ VAT, so we would recommend that everyone who is so inclined appeals. The best grounds seem to be:
      • "The parking charge (ticket) exceeds the relevant amount" (if the charge is not valid it should be zero), and;
      • "I am not liable for the parking charge" (if the charge is an unlawful penalty, or the PPC has no interest in the land to offer a contract, etc there will be no liability)
      Even if you lose at POPLA, it's not binding on you and the PPC would still have to go to court if they wanted to pursue their claim. Note that you will have to exhaust the PPC's own so-called "appeals" process before POPLA will consider an appeal to them.
    You should be aware that the Protection of Freedoms Act doesn't affect the legal position regarding enforceability of these tickets in any way.
    Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
    They are all or have been suspended from accessing the DVLA database for gross misconduct!
    Do you really need to ask what kind of people run parking companies?
  • bargepole
    bargepole Posts: 3,231 Forumite
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    taffy056 wrote: »
    Yes it is sensible as a whole, don't know why they say England only as this has been implemented in Wales also
    I thought the Llywodraeth Cymru hadn't yet enacted Clause 56 of the POFA?

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • taffy056
    taffy056 Posts: 4,895 Forumite
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    bargepole wrote: »
    I thought the Llywodraeth Cymru hadn't yet enacted Clause 56 of the POFA?

    Not that I am aware of, care to link to that?
    Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
    They are all or have been suspended from accessing the DVLA database for gross misconduct!
    Do you really need to ask what kind of people run parking companies?
  • bargepole
    bargepole Posts: 3,231 Forumite
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    taffy056 wrote: »
    Not that I am aware of, care to link to that?
    I can't link to something which doesn't exist, but when the original act was passed it was left to the MoJ in England, and the relevant Welsh ministers, to decide upon an implementation date. The MoJ came up with 1st Oct; I'm unaware of any announcement yet from Cardiff.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • bazster
    bazster Posts: 7,436 Forumite
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    That PePiPoo advice is good. It is not a blanket recommendation to appeal, it sets out the options: ignore or appeal. Any visitor can then make up his/her own mind and those who are so inclined can appeal. Those who prefer to ignore shouldn't be browbeaten into appealing.
    Je suis Charlie.
  • bazster
    bazster Posts: 7,436 Forumite
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    Incidentally, I love the creative use of the POPLA appeal grounds to get the contractual issues onto the table.
    Je suis Charlie.
  • jkdd77
    jkdd77 Posts: 271 Forumite
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    taffy056 wrote: »
    Yes it is sensible as a whole, don't know why they say England only as this has been implemented in Wales also

    I understand that the Welsh commencement order was made yesterday, to take immediate effect, and the Pepipoo guidance has now been amended accordingly.
  • Steadyeddie_2
    Steadyeddie_2 Posts: 41 Forumite
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    I just read the article on Pepipoo and was intrigued by the fact that there were 49 cases taken to court last year. How many of these were successful in favour of the PPC's?
  • bargepole
    bargepole Posts: 3,231 Forumite
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    Steadyeddie wrote: »
    I just read the article on Pepipoo and was intrigued by the fact that there were 49 cases taken to court last year. How many of these were successful in favour of the PPC's?
    In favour of the driver - 25
    In favour of PPC - 24

    It's a lottery!

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Coupon-mad
    Coupon-mad Posts: 133,157 Forumite
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    Steadyeddie wrote: »
    I just read the article on Pepipoo and was intrigued by the fact that there were 49 cases taken to court last year. How many of these were successful in favour of the PPC's?


    Under half but that includes cases where the person did not attend (too scared maybe?). So twenty-odd cases actually won in the whole of PPC world.

    99.99% never go anywhere near a Court. It's all about intimidating threatograms.
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