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  • FIRST POST
    • Pachamama
    • By Pachamama 16th Jul 17, 8:09 PM
    • 8Posts
    • 2Thanks
    Pachamama
    Tower Road Newquay PCN
    • #1
    • 16th Jul 17, 8:09 PM
    Tower Road Newquay PCN 16th Jul 17 at 8:09 PM
    Hi there,
    Firstly, sorry for replying to NEWBIES thread, I did so from the top of the page and so genuinely didn't see request to start new thread...Apologies!!
    Anyway, maybe someone can help. I am thinking of using template on MSN to fight ticket.
    However, should I include as a reason for unfairness that we paid for 4 hours? They have us down as 4 hours 11 mins from entry to exit but as it took us 3 or 4 mins to get a ticket they can't possibly have given us the 10 minutes grace period from expiration. We had two young children with us, 7 months and 3 year-old if that makes any difference for grace period. Problem is that we no longer have the ticket and they haven't stated on what basis they are fining us. The £60 reduction is up on 18th so I need to deal with this asap. Thanks in advance for any advice.
Page 1
    • Quentin
    • By Quentin 16th Jul 17, 8:15 PM
    • 32,119 Posts
    • 16,208 Thanks
    Quentin
    • #2
    • 16th Jul 17, 8:15 PM
    • #2
    • 16th Jul 17, 8:15 PM
    The template appeal is designed to get you a popla code (assuming you are referring to the blue text appeal)

    It's tried and tested. You change it at your own risk!

    Don't reveal who was the driver. (Edit your op to remove those details)
    • Redx
    • By Redx 16th Jul 17, 8:17 PM
    • 14,790 Posts
    • 18,604 Thanks
    Redx
    • #3
    • 16th Jul 17, 8:17 PM
    • #3
    • 16th Jul 17, 8:17 PM
    dont bother with MSN , that is MicroSoft News

    you mean MSE , dont bother with that one either

    stick to the first 5 posts in that NEWBIES thread you posted in , start with post #1 for the initial appeal, the one in BLUE TEXT

    UNFAIRNESS WONT WIN ANYTHING AT ALL

    read the BPA CoP , especially clause #13 , GRACE PERIODS

    apart from anything else , that is where you should win this fight , especially because there are TWO grace periods, one before parking , one after , and PE monitor TIME ON SITE , not PARKING

    but your popla appeal will also use other legal arguments from post #3

    nobody is "fining" you , all they have done is sent you an invoice , like amazon or tesco do

    there are dozens of threads about this one, so read this one

    http://forums.moneysavingexpert.com/showthread.php?t=5677514
    Last edited by Redx; 16-07-2017 at 8:20 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 16th Jul 17, 8:44 PM
    • 48,322 Posts
    • 61,785 Thanks
    Coupon-mad
    • #4
    • 16th Jul 17, 8:44 PM
    • #4
    • 16th Jul 17, 8:44 PM
    The £60 reduction is up on 18th so I need to deal with this asap.
    No you don't, that is totally irrelevant to you. Means NOTHING WHATSOEVER.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Pachamama
    • By Pachamama 16th Jul 17, 9:04 PM
    • 8 Posts
    • 2 Thanks
    Pachamama
    • #5
    • 16th Jul 17, 9:04 PM
    • #5
    • 16th Jul 17, 9:04 PM
    Thanks. But I thought that if I appeal before their 14 day deadline it will freeze the fine at £60. Or do I just proceed expecting Parking Eye to reject and so will need to go via Popla and pay £100 if unsuccessful? Excuse my ignorance. I've read a fair bit on this website and others and my head's spinning.
    • Redx
    • By Redx 16th Jul 17, 9:12 PM
    • 14,790 Posts
    • 18,604 Thanks
    Redx
    • #6
    • 16th Jul 17, 9:12 PM
    • #6
    • 16th Jul 17, 9:12 PM
    you are letting the "charge" muddle your thinking

    if you WIN , you pay zero, so you concentrate on winning

    this will be by including grace periods in the appeal , because you are well within that rule

    until a judge has determined that you owe money , you dont owe a penny (assuming it went as far as civil court)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Pachamama
    • By Pachamama 16th Jul 17, 9:16 PM
    • 8 Posts
    • 2 Thanks
    Pachamama
    • #7
    • 16th Jul 17, 9:16 PM
    • #7
    • 16th Jul 17, 9:16 PM
    Thanks for the advice but I'm a bit confused still. Should I simply send the blue text template with no amendments and save the breach of BPA CoP (I read the section you referred to) for a Popla appeal?
    Will it matter that I don't have ticket?
    We think there was vehicle registration input there but can't remember. If so, there should be a record of our payment.
    Is a Popla appeal inevitable so no point mentioning anything else yet? Id like to avoid one if I could (of course).
    Thanks!
    • Redx
    • By Redx 16th Jul 17, 9:20 PM
    • 14,790 Posts
    • 18,604 Thanks
    Redx
    • #8
    • 16th Jul 17, 9:20 PM
    • #8
    • 16th Jul 17, 9:20 PM
    take it ONE STEP AT A TIME , stop running , take a breath , keep calm and carry on

    I deliberately linked that thread because it has additions you can adapt to ADD to the blue text appeal , namely , about grace periods

    go to their website , choose KEEPER and copy and paste the blue text appeal , adding the extra paragraph about grace periods , and submit

    if they cancel within 35 days , fine , job done

    if they dont , they will reject and issue a popla code

    then you have 28 days to draft a popla appeal

    nothing else matters

    there is nothing confusing about this
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Pachamama
    • By Pachamama 16th Jul 17, 9:42 PM
    • 8 Posts
    • 2 Thanks
    Pachamama
    • #9
    • 16th Jul 17, 9:42 PM
    • #9
    • 16th Jul 17, 9:42 PM
    Ok, I've got it now. Just wanted to be absolutely sure I was doing the right thing before sending. And you are right, the wording and seeming formality of it all is definitely unnerving but that's how they get people isn't it. I've considered paying this a few times out of fear of potential repercussions, however unjust, and the time factor. But, no, I shall push on! Thanks again for advice!
    • Guys Dad
    • By Guys Dad 16th Jul 17, 9:50 PM
    • 9,995 Posts
    • 9,061 Thanks
    Guys Dad
    If your timings are correct, then once you have a POPLA code, your appeal to POPLA will be based around the requirement of a PPC to give Grace periods before and after parking.

    Just to reassure you, read here http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf page 9, section 13 "Grace".

    But as others say, one step at a time. The POPLA appeal is step 2.

    Reading the link should give you the confidence to realise you should win at POPLA.
    • Pachamama
    • By Pachamama 16th Jul 17, 10:02 PM
    • 8 Posts
    • 2 Thanks
    Pachamama
    Thanks! If I still had the ticket I wouldn't have questioned challenging at all.
    • Redx
    • By Redx 16th Jul 17, 10:36 PM
    • 14,790 Posts
    • 18,604 Thanks
    Redx
    you dont need the ticket, just assume their timings are correct, it still is within the two grace periods, nothing more to be said really , but I did link you to a blue text addon

    your situation is very , very common , its certainly not "new"
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Pachamama
    • By Pachamama 19th Jul 17, 4:52 PM
    • 8 Posts
    • 2 Thanks
    Pachamama
    Hi again,
    Well I submitted the appeal to Private Eye (using blue text and grace period clause add on) and was surprised to receive a rejection just two days later. I say surprised not only for swift rejection but also because when I went to their website I looked at their 'evidence' and it shows that we paid for 4 hours - the letter didn't state any basis of fine. Upon seeing that there was evidence of our ticket purchase and given that the total stay was 4 hours 11 minutes I felt certain they wouldn't reject appeal. I mean it's clear that they haven't abided by the grace period clause....unless they think a maximum of one minute counts as a reasonable time to park and purchase a ticket from entering the car park!!! So, now, much to my dismay, I'll have to go through Popla. My time is incredibly limited at the moment, so this is very, very annoying. Anyway, I was wondering, do you think I could just offer the grace period clause in my appeal as this is where I am most likely to win it, or do you think I should still include the other arguments?

    Thanks in advance for any advice!
    Last edited by Pachamama; 19-07-2017 at 4:58 PM.
    • Coupon-mad
    • By Coupon-mad 19th Jul 17, 5:18 PM
    • 48,322 Posts
    • 61,785 Thanks
    Coupon-mad
    I would search the forum for 'ParkingEye Tower Road POPLA eleven minutes' and change the default search to 'show posts' (i.e. people's POPLA appeals, in most cases) rather than show threads. You should find some 2017 very relevant Tower Road ones to copy.

    Not just on one point.

    You will win if you copy a recent one, you are not alone in being scammed this way.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Redx
    • By Redx 19th Jul 17, 5:21 PM
    • 14,790 Posts
    • 18,604 Thanks
    Redx
    we are not surprised, in fact the NEWBIES sticky thread does tell people that the likely outcome is a popla code

    and its PARKING EYE , not private eye (that is a magazine edited and run by Ian Hislop)

    do as CM says above, find a 2017 example and adapt it
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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