Parking Ticket Appeals successes and failures

Valli

Valli wrote: »

VICTORY IS MINE!

UPDATE

As you may recall I based my claim on the fact that the situation of the car park itself and the designated disabled spaces within it suggested that they were for the offices (Mon-Fri) and ineffective at the weekend, as I had been told by a traffic warden, prior to Park Smarter taking over the car park monitoring hereabouts.

But I paid up.

Then I had cause to check the council website on an unrelated matter and found that there was information posted on car parking.

It says HERE that the Car Park in question HAS NO PROVISION (ie no designated spaces) for Blue Badge holders.

So I wrote to them asking for a refund - I have today received a letter in which they accept my argument and I shall be refunded!

(I also suggested they make sure all their operatives are aware that there are no designated disabled spaces in this car park!)

:D:D:D:D:D

The above is from my thread HERE

posted here following a request from Coupon-mad. Hope I've got it right!

ETA 21.1.2010
just letting you know the £35.00 has arrived back in my bank account!

hiddenblade

I apologise in advance if this becomes a lengthy first post!
In December I received a demand for money from Highview Parking Ltd stating I had parked for 2hrs 19 mins in a 2hr limit car park in Consett. The transgression took palce on a Sunday afternoon.
All the usual threats were there, so my first reaction was to panic. Then I got annoyed and reverted to searching the web for advice.
Obviously the numerous threads on this site were a great help, but I also contacted our MP and a local councillor who were both fighting these people, and I went on to the DVLA site (pretty useless unless I was wanting to set up as a parking company) and the BPA site, from which I downloaded their code. I was also given a contact at the local Trading Standards office.
I know the advice on this site is to ignore these demands, but I was getting so worked up I decided to fight, using the ammunition I had gathered.
As it happens I am a Blue Badge holder and on the Sunday in question I was parked in a marked disabled bay and had the badge on display.
At the time there were a couple of signs up about the time limit, and in the week after I got my ticket a whole forest of yellow signs appeared in the car park, all stressing how much money the company would want off you for parking over 2hrs....but neither set of signs had any information relating to Blue Badge holders....a contravention of BPA Code of Practice Appendix B4.2.g which states they should show on the signs " information about whether there are any concessions for disabled persons (blue) badge holders"
I wrote to Highview and pointed out some of these facts, and that I had an MP etc waiting to hear the outcome.
I received a letter asking for copies of both sides of my Blue Badge to support my claim (obviously they thought I was a lying cheat pretending to be disabled to get off with the money), the letter was "signed" but had no resemblence to any name.
I duly sent the scans off and repeated my concerns about their poor signage in the car park. The next letter stated that they had reviewed their evidence and considered my appeal and "as a gesture of goodwill" were not taking any further action.
But that's not my decision...I continue to take action against them, posting on forums such as this!
An interesting conversation with the Trading Standards office revealed that they have as much clout as any individual against these people....when they have tried to help individuals they have either been ignored by Highview or told by the BPA that they do not intervene in individual cases. When they contacted the Trading Standards office for the Borehamwood area (where Highview are based) they were informed that there have been no complaints about the company at that office...so the Durham office sent them a file of complaints. Seems it could be worth anyone who is fighting these companies getting their local Trading Standards to contact other offices and compile even bigger files!
One other thing relating to this case is that the supposed reason for enforcing the 2hr limit has changed a couple of times and the latest defence given by the firm representing the company who own the car park, and the adjoining shop premises, is that the car park is solely for the use of shoppers at their premises! Of course there are no notices to that effect anywhere in the car park.
Anyway, sorry for the length.....but to anyone who decides to take these people on, follow the advice given on this forum, get all the backup info you can, and above all...keep fighting!

CherryD

On behalf of a friend who doesn't have internet access at home, I wrote to Morrisons Head Office (their Public Relations Dept). I told them that my friend had received 3 demands for payment from Euro Car Parks for 'over-staying her welcome' by 20 minutes when shopping in their store. This communication was sent by e-mail and recorded delivery with the evidence attached. Within 24-hours Morrisons called my friend at work and apologised and told her to ignore any further correspondence from ECP. Written confirmation of this apology has not arrived yet but we're pleased with the result so far.

shoi

My victory over the council:
The basic of the appeal was that the signing must have been confusing because there were a dozen cars in a row all ticketed. There weren't any other cars misparked in the surrounding area. I TOOK PHOTOS at the time, which made the point
It had to go to appeal but the inspector agreed with my argument.
You can extend this to say that if the council have a favourite spot with "rich pickigs" then it's their fault for not doing more to warn motorists off.

DataWraith

nicechap wrote: »

Using the brains on Pepipoo I've just won my appeal against a City of Westminster parking ticket, £120 saved!

A little bit like Datawrath's experience, the CEO deliberately left off the parking bay suspension sign in his photos to PATAS, and, in their evidence to PATAS, the council claimed the bay conformed to the Dept of Transport guidelines when even their photos showed it didn't.

After I went to the Dentists over on Harley street, I parked again in another bike bay, this time I did what the sign said, I texted my reg number and the bay number to the mobile telephone number and went about my business, an hour later got back and there's another ticket, I went ballistic ( again), I took pics on my mobile of the bay and the bike, but this time I went looking for an 'enforcement officer' ( this time he was actually helpful) he told me there was supposed to be 2 TWO signs on the lamppost of the bay, one with the bay's details and one with the instructions on 'how to register', this later sign was missing, so as far as I was concerned I did everything right, but the council screwed up. So ticket cancelled again.
My advice is look for ANY potential problems , like missing signs, un readablesigns or notices, or signs that aren't even in line of sight ( like my previous sign that was there but placed at the wrong angle so it wasn't easily seen ). Look for ANY reason for them to be proven wrong, and hold your course.

barbie6803

We were given a £120 PCN on Sunday 31/01/2010 for parking in Thurloe Road, Kensington, despite the notices and paying machine stating that public parking was allowed on Sundays. I contested it firstly by email and then followed Martin's advice and sent a letter too as per the template. And today I have received notice that the ticket has been cancelled.
:T Thank you Martin x

jodilye

August 09 I got a ticket parking in my free staff car park when my permit fell off the window. I gave this to the railway station manager to sort out as he used to and a week later I went on holiday for two weeks and forgot about it. On my return it was presented to me by my manager saying that then station manager would not do anything about it! The appeal date had passed because he had waited until I was on holiday to give it back. (looking at the forums afterwards I would never appeal anyway). I ignored it, from the advice of MSE. I recieved a good 4 or 5 letters, I didn't even keep count because I regarded them as scare tactics. My last letter was in november declaring it was my final notice and without payment I would be in court in 7days. Looooong 7 days!

jodilye

August 09 I got a ticket parking in my free staff car park when my permit fell off the window. I gave this to the railway station manager to sort out as he used to and a week later I went on holiday for two weeks and forgot about it. On my return it was presented to me by my manager saying that then station manager would not do anything about it! The appeal date had passed because he had waited until I was on holiday to give it back. (looking at the forums afterwards I would never appeal anyway). I ignored it, from the advice of MSE. I recieved a good 4 or 5 letters, I didn't even keep count because I regarded them as scare tactics. My last letter was in november declaring it was my final notice and without payment I would be in court in 7days. Looooong 7 days!

Chris_in_Bridgend

I decided to take them to court and guess what – after a lot of “sitting it out” they backed off and paid my money back!

This is the story:

On 09. August 2009 my vehicle was clamped by a company named New Generation Parking on the forecourt of a business adjacent to Bessemer Road in Cardiff. When I parked there I did not observe any warning signs but I have since found out that they were indeed in place before I arrived with my vehicle.
When I returned to my parked vehicle and found it clamped I spoke to the NGP operators who were present at the scene. They explained that they are not in a position to do anything until I have paid the charges and pointed out that I’d want to do this quick as the longer I don’t pay the higher the charges will be.
You do actually feel like somebody is pointing a knife at you and says “hand over your money and mobile phone and – oh I like that watch!” You are completely powerless and it seems they’ll get what they want.
I was told to phone a prime cost phonenumber and pay the charges, after which the operators at the scene would receive a release “code” upon which they would remove the clamp.
So I phoned this number and after what seemed to be a long time waiting I was made to pay the following charges: CLAMP RELEASE FEE £125; CANCELLATION OF REMOVAL £95 (that was to cancel a recovery vehicle they claimed they have dispatched) and a SURCHARGE £5.
After they pointed out to me that a credit card processing charge of £5 would apply I offered to pay by cheque (as their operators were at the scene and I had the cheque book on me) but NGP explained that they don’t accept cheques…
After I have paid the clamp was removed and I could go on my way.

In this situation I felt intimidated and unfairly treated. I also found the CANCELLATION OF REMOVAL charge was not legal as I had no way of knowing if a vehicle actually had been dispatched.

In line with their complaints procedure I have raised a complaint and sent them a letter. The text was as follows:

Reference: XXXXXXXX

Dear Sir or Madam,

With regards to the above reference I request you to refund the following charges with immediate effect:

CLAMP RELEASE FEE £125
CANCELLATION OF REMOVAL £ 95
SURCHARGE £ 5

Although my vehicle was clamped on land where your contractors claim they have been authorised to clamp “vehicles parked without authority” and therefore the CLAMP RELEASE FEE of £125 might be legitimate (albeit not reasonable…), they failed to produce any evidence to support their claims.
Signs (which I did not see when I parked there – otherwise I wouldn’t have done so) posted on a business unit adjacent to where I parked are highlighting that clamping is in force however it isn’t clear from these signs what the boundaries of the affected area are. Therefore I request you to substantiate this claim with documents confirming

- that your company is authorised to clamp vehicles on this land
- that my vehicle was parked within the boundaries of the “clamping area”

If this information is not available / made available to me I request you to refund the CLAMP RELEASE FEE.

Further, after I arrived at the vehicle and found it clamped your operators who were present at the scene threatened me with further charges including a tow fee etc, should I not pay immediately.

In this situation I felt intimidated and pressurized and more like the victim of a robbery rather than somebody who committed the offense of trespassing.

You should also be aware that according to: Regulation 7 in The Consumer Protection from Unfair Trading Regulations 2008 which deals with aggressive and unfair trading practices:-
7.1 A commercial practice is aggressive if, in its factual context, taking account of all its features and circumstances –
a) it significantly impairs or it is likely to significantly impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and
b) it thereby causes or is likely to cause him to take a transactional decision he would not have taken otherwise.
7.2 In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of –
a) its timing, location, nature or persistence;
b) the use of threatening, abusive language or behaviour;
c) the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgement, of which the trader is aware, to influence the consumer’s decision with regard to the product;
d) any onerous or disproportionate contractual barrier imposed by the trader where the consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or anther trader; and
e) any threat to take any action which cannot be legally taken.
7.3 In this regulation –
a) ‘Coercion’ includes the use of physical force; and
b) ‘undue influence’ means exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision.


As I was unable to verify if a towing vehicle has been dispatched to remove my vehicle (as was claimed by the operator on the phone), and under the threat of further charges (by your employee T. Cason who was at the vehicle) if I further delayed payment of the demanded fees I reluctantly paid the demanded sum of £230, however with the above information in mind I find that the CANCELLATION OF REMOVAL and the SURCHARGE fees were not legitimate.


I therefore expect a refund of £230 (or £100 if sufficient evidence for your authority to clamp in this area is provided) by 28.08.2009 at the latest.

Should I not hear from you and / or receive a refund before or on this date I will take legal steps to recover these monies from you.

Regards

XXXXXXXXXX XXXXXXXXXXX

(included with this letter: Original receipt and stamped addressed envelope for your reply)


After the deadline I contacted a solicitor as NGP have not reacted or responded to my letter. The solicitor said that although I might have a case here and there is a chance of claiming the money back the solicitor charges would nullify any financial returns I might get; and therefore suggested to leave the subject alone.

I can only recommend: Don’t do that. Don’t give up. I didn’t – and I got my money back!!

I then found the following weblink regarding reclaiming private parking tickets on the moneysavinexpert site a week later (sorry can't post the link here as the forum blocks it...)
Following the advice I registered a claim via moneyclaim.gov. uk and the whole thing went to court.
About two weeks afterwards NGP had the courtesy to reply to my appeal. In their letter they talked about “clear signage”, “trained operators” and “Approved operator of the British Parking Association”. They also pointed out that they had a licence. What they completely ignored were the points I raised in my appeals letter above; and subsequently they rejected my claim.
In parallel they filed a defence with the court, with contents along the same line, thus indicating that they will not back off.
With my money already gone this didn’t really affect me and I just let things take their course.
A few weeks before the hearing date the court requested both parties to provide the evidence they are planning to use to both the court as well as to each other no later than 14 days before the hearing (which was scheduled for 20.01.2010).

So on 05.01.2010 (after I have already posted the documents to the court) I also sent them to NGP, with the following letter:

Reference: Court Hearing XXXXXX

Dear Mr XXXXX,

Please find enclosed all relevant documents which were made available for the court hearing scheduled for 20.01.2010 for your perusal. These are:

• ITEM 1 Copy of my letter of appeal to NGP (which was tracked by Royal Mail and delivered within the appeals period specified by NGP)
• ITEM 2 Copy of the receipt I was given after I paid the charges (I had to post the original to NGP to be in compliance with the appeals procedure – the original receipt was not returned to me)
• ITEM 3 Copy of the response to my appeal from NGP which was send to me after I have raised my claim with the court.

Regards,

XXXXXXX

Within eight days of this letter I received a letter from NGP with a cheque for £250 and a request to settle the matter out of court. :T

This is what they had to say:

Dear Mr XXXXXXX

CC XXXXXX County Court

Thank you for your letter date January 5th, including details of your vehicle and PCN number as requested through the Courts late last year. Now that I have received this information I have been able to investigate this for you in detail. It has now been decided that we are willing to offer you a full refund including court costs of £25. Please find enclosed a cheque for £250 in total as your appeal has been granted. It would be appreciated if you could inform the courts that we have been able to settle now that we have been able to look into this for you in detail.

I have also forwarded them a copy of this letter for their records. If you wish to discuss this further with me, please don’t hesitate to contact me on XXXXXX ext XXX Mon – Fri between 9am – 6 pm

Yours sincerely

XXXXXXXX
Operations Manager
New Generation Parking Limited


I got in touch with them via email (the address was on the court papers…) and pointed out that I had further expenses (small claims registration, card payment surcharge) and that I would be £30 out of pocket if I accepted their cheque.
They agreed to pay another £50 by cheque to compensate for this and other expenses I might have had (i.e. telephone etc).:T

Both these cheques cleared one day before the court hearing date.

Only after the cheques have cleared I have notified the court that from my point of view a hearing is no longer required.

THIS SHOWS THAT IT IS WORTH FIGHTING THESE UNFAIR CHARGES TO THE VERY END!!!!

GOOD LUCK!!:beer:

Chris

peter_the_piper

Congrats Chris we like to see the succcesses to show others it can be done.