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  • FIRST POST
    • MSE Andrea
    • By MSE Andrea 1st May 14, 3:25 PM
    • 8,629Posts
    • 20,867Thanks
    MSE Andrea
    Posting on the Parking Board your help please
    • #1
    • 1st May 14, 3:25 PM
    Posting on the Parking Board your help please 1st May 14 at 3:25 PM
    MSE Update

    Please read our Don't Pay Unfair Parking Tickets News story for MSE's stance.

    -----

    Hi everyone,

    As you’ll be aware this board was set up for users to find factual information about parking tickets fines, whether they are enforceable or not, and the appeals and actions process.

    What it was not set up to do was to pursue any one individual or company to the extent that some users on here have, again, despite our previous requests not to.

    You might think it's your "right" and that we should back you fully, but we are governed by the law of the land and our Rules and T&Cs make it pretty clear that posting names and personal details, and making personal comments about others is simply not allowed.

    In recent months, we have again had to deal with complaints about this board. Here at MSE we fight your corner as a consumer and we believe much of the private parking industry is a Wild West full of many cowboys ripping off honest motorists, as we’ve seen and heard too many stories to suggest otherwise (and some staff here have been on the end of unscrupulous tactics). However, some firms do also act fairly.

    The problem we face is when people make allegations without evidence against a specific company, calling them “scammers” or “criminals”. Without evidence, this becomes a legal problem and we may have to remove threads and posts to protect the site. We prefer to keep our resources focused on fighting hard for you to fight unfair tickets and keeping that debate unabashed than having to deal with a legal sideshow about ‘is the name-calling fair?’ – so please help us help you by moderating the language not to accuse of illegality.

    We are a small team managing over 150 Forum boards, all requiring resource. So we cannot investigate every complaint to gather the required evidence, sadly. We’d love to do just that to fight your corner even further but it is not always possible.

    We can support your factual comments, we can’t support personal remarks about others

    We can only support factual comment that operates within our Rules and T&Cs. Personal, antagonistic arguments against individuals break these and we cannot defend it. If you keep things non-personal, on topic, factual, can prove everything you say and work within these rules and T&Cs, we will always do our best to defend your comment, as we do everywhere. If not we shall have to speak with you and if it continues, may have to remove a poster’s posting privileges.

    We hope this comes across in the manner it is intended. Please help us to help you, by working with us to defend your comments.

    Thank you

    MSE Forum Team
    Last edited by MSE Andrea; 08-09-2014 at 10:48 AM.
    I'm on annual leave until Monday 6 November. If you have a question please go via our Site FAQs


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Page 6
    • tone1947
    • By tone1947 30th Jan 17, 11:26 AM
    • 2 Posts
    • 1 Thanks
    tone1947
    Popla ncp
    My daughter(currently travelling round India till May) recently received a penalty fine from NCP at Wivenhoe Station which she uses regularly. One day in Dec 2016 she actually forgot to access her RingGo app and subsequently received her fine.
    She appealed through POPLA, and received all the relevant guilt bumf including Sht 3 of the RingGo printout indicating the date of the offence. She appealed again requesting consideration of the number of occasions she has parked there, as would have shown up on Shts 1 & 2.
    This was further rejected in a LAST REMINDER letter from NCP indicating that the fine was NOW 75, not 50
    2 Questions
    1 Do you consider it is fair that this appeal should have been rejected?
    and
    2 If so, and taking in account, that all appeals/email/correspondence were conducted within the timescale prescribe in the documentation, is it fair that the fine should increased?

    Regards
    Tony Troop
    • Quentin
    • By Quentin 30th Jan 17, 12:10 PM
    • 33,044 Posts
    • 17,007 Thanks
    Quentin
    You don't post on forum "stickies"

    You read them !

    You need to read the newbies FAQ sticky thread near the top of the forum to get advice, then if you need more help start your own thread
    • Fruitcake
    • By Fruitcake 30th Jan 17, 12:13 PM
    • 40,419 Posts
    • 80,738 Thanks
    Fruitcake
    My daughter(currently travelling round India till May) recently received a penalty fine from NCP at Wivenhoe Station which she uses regularly. One day in Dec 2016 she actually forgot to access her RingGo app and subsequently received her fine.
    She appealed through POPLA, and received all the relevant guilt bumf including Sht 3 of the RingGo printout indicating the date of the offence. She appealed again requesting consideration of the number of occasions she has parked there, as would have shown up on Shts 1 & 2.
    This was further rejected in a LAST REMINDER letter from NCP indicating that the fine was NOW 75, not 50
    2 Questions
    1 Do you consider it is fair that this appeal should have been rejected?
    and
    2 If so, and taking in account, that all appeals/email/correspondence were conducted within the timescale prescribe in the documentation, is it fair that the fine should increased?

    Regards
    Tony Troop
    Originally posted by tone1947
    It is not a fine.

    The PoPLA decision is not binding on the motorist so there is no requirement to pay it.

    A station car park is most likely covered by byelaws and is not relevant land as far as the POFA is concerned. This should have been mentioned in the appeal if that is the case.
    If byelaws do apply, you are now in ingore mode until this becomes statute barred after six months.

    This thread is for information only, not for asking questions. However, don't panic. Do not pay. Just wait and see what happens next, ignoring debt collectors as explained in the NEWBIES thread.
    Last edited by Fruitcake; 30-01-2017 at 12:16 PM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • tone1947
    • By tone1947 30th Jan 17, 12:48 PM
    • 2 Posts
    • 1 Thanks
    tone1947
    But if my daughter ignores it, what will happen with the threat of DCAs or County Court proceedings which could affect he credit rating

    Where do I find the MAIN thread and the NEWBIES thread?
    I am a newcomer to this forum
    • DoaM
    • By DoaM 30th Jan 17, 1:07 PM
    • 3,335 Posts
    • 3,376 Thanks
    DoaM
    http://forums.moneysavingexpert.com/forumdisplay.php?f=163

    Click the button.

    No more replies here please.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Glenbod
    • By Glenbod 1st Feb 17, 1:40 PM
    • 1 Posts
    • 0 Thanks
    Glenbod
    Parkingeye Fines
    Hi

    I recently visited the Wharf Shopping centre in Walsall. I entered on a busy bank holiday and did not see the 'contract board' indicating Parking eye's T&Cs. I drove for 10 minutes but was unable to find a space. My wife got out and went to TK Maxx . I continued to search for a spot but got stuck between drivers arguing over a space. They blocked the road and the traffic backed up behind me. After 27 minutes in total , my wife got back in the car and we left the car park. At no time did i park the car and subsequently was unable to obtain a ticket from the machine.

    Parking would have cost 1.00 , the fine is 85.00 ( reduced to 50 if paid early )

    I have appealed to them to ask for :

    - copy of their notice board ( on entry to the car park ) to show their T & Cs as I genuinely cannot remember seeing it whilst driving.
    - video footage of my wife exiting the unparked car after 10 minutes
    - video footage of the dispute between 2 drivers causing the blockage
    - clear signage photos that they claim are around the car park.

    I personally feel that a parking charge should relate to parking , but because i did not park / get out of the car, I feel it's unacceptable

    They have not accepted my appeal and have not provided any of the evidence that I gave them. I cannot reply to them as they give no contact info and the next step is a Popla appeal, however, if I appeal, i lose the right to the early payment amount .

    I want to ask someone ''Do i have to pay for parking if i can't actually park ?'' , but there's no one to speak to or email .

    Any advice here, I have until the 14th Feb to appeal to Popla or pay.

    Glen
    • pogofish
    • By pogofish 1st Feb 17, 3:34 PM
    • 7,662 Posts
    • 7,745 Thanks
    pogofish
    Please read the Newbies Sticky and start your own thread - This is an information thread and not for hijacking/other discussion!

    And you never "speak" to a PPC - stick to mail/email from now-on!
    • Fruitcake
    • By Fruitcake 1st Feb 17, 3:36 PM
    • 40,419 Posts
    • 80,738 Thanks
    Fruitcake
    Glenbod, this thread is specifically for information only. It is not a place for asking questions.

    Please read the Sticky thread for NEWBIES then start your own thread if you need further help.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • pogofish
    • By pogofish 8th Feb 17, 1:08 PM
    • 7,662 Posts
    • 7,745 Thanks
    pogofish
    My wife who is disabled parked for 4hrs 23min in a free 4hr retail park. The car was caught on by camera and a Parking Charge Notice from Horizon arrived in the post. I appealed (before seeing this site) using a ref to an out of date BPA Code of Practice.para 16.5 has now been dropped.

    'My vehicle XXX was parked with my Blue Badge (see attached) displayed during the period stated on the PCN.
    The BPA Code of Practice makes an explicit statement about Blue Badges:
    16.5) If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices
    Due to my disability I walk very slowly and need to rest frequently and any shopping trip takes a long time.
    I submit that your pursuing of this PCN is Disability Discrimination under the Equality Act.
    I would therefore ask you to cancel this PCN.
    Best Regards
    Frances XXXXX'

    This was of course declined and I am now putting together a POPLA appeal from one of the stickies.

    I was wondering if the shortcomings of my original appeal would adversely effect a subsquent POPLA appeal
    Originally posted by CAPPELLA

    MSE don't issue parking tickets - And you agreed to not hijack threads!

    Please read the Newbies Sticky carefully and start your own thread to get proper help
    • Angie1162
    • By Angie1162 10th Feb 17, 3:55 PM
    • 1 Posts
    • 0 Thanks
    Angie1162
    Parking ticket
    [Hi
    Can you please help .i parked my car in East Kilbride and payed 3.50 but I put in my old car regristration by mistake I got a penalty notice for 50 I contacted them and I did appeal telling them this . Do I have to pay.
    • pogofish
    • By pogofish 10th Feb 17, 3:59 PM
    • 7,662 Posts
    • 7,745 Thanks
    pogofish
    [Hi
    Can you please help .i parked my car in East Kilbride and payed 3.50 but I put in my old car regristration by mistake I got a penalty notice for 50 I contacted them and I did appeal telling them this . Do I have to pay.
    Originally posted by Angie1162
    Don't hijack info threads..!

    Please do as you agreed and read the Scotland-specific advice in the Newbies Sticky and act on it. You don't have to pay anything if you do it right.
    • Coupon-mad
    • By Coupon-mad 10th Feb 17, 3:59 PM
    • 50,736 Posts
    • 64,146 Thanks
    Coupon-mad
    You are in Scotland. Neither appeal nor pay.

    Why post here? Wrong thread.

    Read the NEWBIES thread about Scotland. DO NOT try to post on it.

    http://forums.moneysavingexpert.com/forumdisplay.php?f=163

    No need for a new thread - there is nothing you need to do - just read about Scotland on this forum. You could also search the board for 'Scotland' as a keyword (not the whole of MSE! Just this parking board posts).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • twhitehousescat
    • By twhitehousescat 10th Feb 17, 4:00 PM
    • 767 Posts
    • 910 Thanks
    twhitehousescat
    [Hi
    Can you please help .i parked my car in East Kilbride and payed 3.50 but I put in my old car regristration by mistake I got a penalty notice for 50 I contacted them and I did appeal telling them this . Do I have to pay.
    Originally posted by Angie1162

    please read posting above yours , the newbiesc thread is here http://forums.moneysavingexpert.com/showthread.php?t=4816822 please read it it explains a lot
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • casement1992
    • By casement1992 10th Feb 17, 6:19 PM
    • 11 Posts
    • 0 Thanks
    casement1992
    Letter from drp
    Hi i got a letter today from drp and i phoned them and backed down to them and setup a payment plan and i went on internet and relised they didnt have a very good review are these scammers ? i have now cancelled my card that they had the long number off the front of am i doing the right thing ?

    P.S i am petrified that they will come to my house and send balifs etc i dont want that

    PLEASE HELP ME PUT MY MIND AT REST! and tell me i did the right thing
    • Coupon-mad
    • By Coupon-mad 10th Feb 17, 6:33 PM
    • 50,736 Posts
    • 64,146 Thanks
    Coupon-mad
    Why post here? Did you not see the answers above?

    You are in the wrong place and a link shows you where to go.

    Fancy agreeing to PAY Debt Recovery Plus...madness. Even phoning them is ridiculous.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Wookie
    • By Wookie 19th Mar 17, 5:15 PM
    • 6 Posts
    • 2 Thanks
    Wookie
    Asda parking fine cancelled
    I am pleased to report that Asda in Coryton, Cardiff cancelled my parking charge today when I approached them and explained that I had an emergency on the day in question and had to leave my vehicle for a few hours, which had meant I went 1.5 hours over the max time allowed.
    I showed them my receipts for shopping I had paid for and they cancelled the fine immediately. I took the name of the assistant in case there are any issues in the future.
    I had expected to have a battle on my hands but was pleasantly surprised.
    • Kevinfox88
    • By Kevinfox88 28th Apr 17, 10:20 PM
    • 2 Posts
    • 0 Thanks
    Kevinfox88
    County Court Business and CEL Parking fine.
    Hi
    Just needing a little help. I parked in homebase car park and unbeknownst to me they were using ANPR system to monitor the car park. The time limit was an hour and I genuinely was in homebase shopping and spending money. On the schedule of information I stayed over an extra 22 minutes. First time I found out was when I received the later which I glanced at and shredded.

    On the 14th April I received a letter saying I owed 326.72. Original parking fee was 100. I've been onto MCOL and acknowledged and clicked the dispute button. I've read countless threads and still a tad confused. I've copied and pasted bits that I found through the forums and came up with this - whether it applies to my circumstances I don't know. I can upload the paperwork if that will help. Thanks

    In the County Court Business Centre
    Claim Number ****
    Between:
    Civil Enforcement Limited v ******
    Defence Statement

    I am ******* the defendant in this matter and registered keeper of vehicle *****. I currently reside at ***.

    The Claim Form issued on the **** by Civil Enforcement Limited was not correctly filed under The Practice Direction as it was not signed by a legal person but signed by The Legal Team.

    I deny I am liable for the entirety of the claim for each and every one of the following reasons:

    1/ This case can be distinguished from ParkingEye v Beavis [2015] UKSC 67 (the Beavis case) which was dependent upon an undenied contract, formed by unusually prominent signage forming a clear offer and which turned on unique facts regarding the location and the interests of the landowner. Strict compliance with the BPA Code of Practice (CoP) was paramount and Mr Beavis was the driver who saw the signs and entered into a contract to pay 85 after exceeding a licence to park free. None of this applies in this material case.

    2/ (a) This is a speculative serial litigant, issuing a large number of identical 'draft particulars'. The badly mail-merged documents contain very little information. The covering letter merely contains a supposed PCN number with no contravention nor photographs.
    (b) The Claim form Particulars were extremely sparse and divulged no cause of action nor sufficient detail. The Defendant has no idea what the claim is about - why the charge arose, what the alleged contract was; nothing that could be considered a fair exchange of information.

    3/ I put the Claimant to strict proof that it issued a compliant notice under Schedule 4 of the Protection of Freedoms Act 2012. Absent such a notice served within 14 days of the parking event and with fully compliant statutory wording, this Claimant is unable to hold me liable under the strict keeper liability provisions.
    Henry Greenslade, lead adjudicator of POPLA in 2015 and an eminent barrister and parking law expert stated that However keeper information is obtained, there is no reasonable presumption in law that the registered keeper of a vehicle is the driver. Operators should never suggest anything of the sort.

    4/ Inadequate signs incapable of binding the driver - this distinguishes this case from the Beavis case:
    (a) Sporadic and illegible (charge not prominent nor large lettering) of site/entrance signage - breach of the POFA 2012 Schedule 4 and the BPA Code of Practice and no contract formed to pay any clearly stated sum.
    (b) Non existent ANPR 'data use' signage - breach of ICO rules and the BPA Code of Practice.
    (c) It is believed the signage was not lit and any terms were not transparent or legible; this is an unfair contract, not agreed by the driver and contrary to the Consumer Rights Act 2015 in requiring a huge inflated sum as 'compensation' from by an authorised party using the premises as intended.
    (d) No promise was made by the driver that could constitute consideration because there was no offer known nor accepted. No consideration flowed from the Claimant.

    5/ BPA CoP breaches - this distinguishes this case from the Beavis case:
    (a) the signs were not compliant in terms of the font size, lighting or positioning.
    (b) the sum pursued exceeds 100.
    (c) there is/was no compliant landowner contract.

    6/ No standing - this distinguishes this case from the Beavis case:
    It is believed Civil Enforcement do not hold a legitimate contract at this car park. As an agent, the Claimant has no legal right to bring such a claim in their name which should be in the name of the landowner.

    7/ No legitimate interest - this distinguishes this case from the Beavis case:


    8/ The Beavis case confirmed the fact that, if it is a matter of trespass (not breach of any contract), a parking firm has no standing as a non-landowner to pursue even nominal damages.

    9/ The charge is an unenforceable penalty based upon a lack of commercial justification. The Beavis case confirmed that the penalty rule is certainly engaged in any case of a private parking charge and was only disengaged due to the unique circumstances of that case, which do not resemble this claim.

    10/ The claimant has added unrecoverable sums to the original parking charge.

    The vague Particulars of Claim disclose no clear cause of action. The court is invited to strike out the claim of its own volition as having no merit and no reasonable prospects of success.

    11/ Paragraph 7 of the Particulars of Claim refers to the British Parking Authority. There is no such body. I believe this is possibly a deliberate misrepresentation of the authority of the British Parking Association which is a mere trade association representing its members. These Particulars of Claim are signed by a solicitor who I believe has been involved with the Claimant for many years.


    In the alternative, the Defendant is willing for the matter to be decided by POPLA (Parking on Private Land Appeals) which will decide the dispute and limits any further costs to this claimant to 27, with no legal costs. This is the bespoke ADR for BPA members, is available at any time (not just the first 28 days) and has been used to settle private parking court claims on multiple occasions even after proceedings have commenced. POPLA has not been undertaken in this case nor was it mentioned in the recent sparse communications from this Claimant.

    The Defendant invites the Court to use its discretion to make such an order, if not striking out this claim.

    Signed
    Date
    Every man has to die, but few really live
    • Coupon-mad
    • By Coupon-mad 28th Apr 17, 10:27 PM
    • 50,736 Posts
    • 64,146 Thanks
    Coupon-mad
    Hi
    Just needing a little help.
    Welcome but please delete that post - but copy it first and paste it into a NEW THREAD. This is in the wrong place, you need the NEW THREAD button (on the first page above the NEWBIES and POPLA Decisions sticky threads).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Umkomaas
    • By Umkomaas 28th Apr 17, 10:29 PM
    • 14,981 Posts
    • 23,533 Thanks
    Umkomaas
    Not here fella - you need to start a brand new thread of your own. This is an information sticky thread, not a free-for-all, post any random case you like, and expect expert advice.

    On your own thread, comments will be specific to your own particular case, and we will discourage (as I'm doing here) any 'interlopers' from airing their own issues on it.

    More help to come - on your own thread, please.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • James Curtis
    • By James Curtis 15th Jun 17, 8:59 PM
    • 1 Posts
    • 0 Thanks
    James Curtis
    Charged for parking in the parking space i own
    Hi All

    We have received a parking charge for parking in the space that we own in the underground car park of our block in London. Unfortunately our permit slipped down the dashboard and got wedged between the windscreen and the dashboard so it was pretty much obscured. We received a fine for not displaying a valid permit, however on the evidence photos from the parking company "Parking Ticket Limited" you can see the outline of our permit, although it is obscured. a bit of an unfortunate circumstance.

    Anyway we appealed and it was rejected because the permit wasn't visible.

    Surely even if signs exist saying that the permit should be displayed at all times i cant be liable to pay a " parking charge" on a space that I own?

    We have now received a note from a debt collection company requesting an even higher payment. I rang them however they cite the "Beavis supreme court case" as precedent for the validity of this fine and have suggested I will have to await a summons to appear at the small claims court. Having read the case summary it seems pretty irrelevant. to my situation.

    Can anyone help/advise on this. Presumably they have no legal basis to fine us?

    Any help would be much appreciated!
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