Parking Ticket Appeals successes and failures

esmerobbo

Who sent you that load of tosh??

Looks like its out of the Perky book of PPC law. Thought it was CPS but they don't use debt collectors do they!

HO87

And where to start with this mish-mash of nonsense?

1.

We are regulated by the British Parking Association and adhere to their code of practice (AOS) Approved Operator Scheme.

The BPA is not a regulator but merely a membership organisation. It has no regulatory powers whatsoever and to suggest that they do is at best misguided and at worst deliberately misleading. For a debt collector to misrepresent reality to this extent may well breach the conditons of their CCA licence and should be reported to Trading Standards.

2.

If a case progresses to court after an appeal has been heard and rejected then the court will decide if all parties have attempted to resolve issues fairly and amicably and resorted to legal action as a last resort. (Under Civil Procedure Rules parties are specifically instructed to use the courts as a last resort)

If a case goes to court and a defendant has sent obstructive defences the court could draw to the conclusion that a person has something to hide for going to extraordinary lengths to avoid a minor parking charge.

Absolute guff. Intended, probably, to imply that the author knows what they are talking about. Clearly they don't and are stating the bl33din' obvious.

3.

To get to the ‘Private land in question’ the ‘driver’ would have had to enter onto the public highway. Under section 143 (1) The Road Traffic Act 1988 – The keeper should know at all times who is driving a vehicle and to ensure they are insured, if a keeper allows a vehicle to be driven without insurance they are guilty of a criminal offence – By stating many people have access to a vehicle and as a result the defendant cannot state who had it any one given date/time then they are confirming they did not know who was driving and therefore cannot be certain the vehicle was insured.

This is a further attempt to convince the otherwise ignorant reader that the author knows what they are talking about. A private parking company cannot invoke this section and have no statutory powers to oblige owners/keepers to divulge who is or isn't insured to use a vehicle. The statement that an owner should at all times know who is using a vehicle (as a result of some obligation imposed by this section) is misleading and regardless of the desirability of the statement bears no resemblance to nor makes any allowances for reality.

4.

Many forums /sites advise people to ignore parking charges, some advise them to send standard letters to deny liability for the charge notice, it is not advisable to believe what you read on the forums as we DO take people to court this was proven in Oldham County Court in November 2008 by an operator.

This little gem allows some conclusions as to the identity of the author - Combined Parking Solutions - and the case - that involving Stephen Thomas. Those with any knowledge will know that the provenance of this case is far from clear and may have involved a stooge. At best the case hinged around a defendent who had made admissions as to his actions in posts on anonline forum and found himself having to swallow those words when a print-out was produced at court.

The fundamental point is that if the PPC case is that they constantly take matters to court why is it that this case - now 3 years old - is trotted out? We should notlose sight of the fact that no county court case establishes any legal precedent and cannot be quoted in the way CPS (and others) persist in doing as some landmark case. It isn't and never has been.

The advice given in forums is based on law and established practice. It might not accord with the views of PPC's but then you'll rarely come across a deliberate misrepresentation of the law on forums.

5.

It is worth noting that, if this matter does proceed to court, we will request that a Norwich Pharmacal Order [Norwich Pharmacal Co. v Customs and Excise Commissioners [1974]] be issued by the Court so that the correct driver details would have to be provided.

There is no clear evidence to date that more than one application for a Norwich Pharmacal Order (NPO) has succeeded. Indeed there is good reason to believe that this case involved a hire company who had written records which is what such an order is designed to be used to obtain - not the mental recollections of a private individual. Not that a PPC will tell you that.

6.

Should you fail to provide the driver details, we can confirm the account will continue in your name.

And to admit that they would issue proceedings without any clear evidence (indeed none) that they have any "cause of action" might be construed by a judge as being unwise and probably reckless. It is clearly designed to be a threat and, if used by a debt collector, as is suggested, is likely, once again, to breach their licence.

If this is actually from a debt collector I think they should be identified. And its defintiely from the Perky school.

Coupon-mad

Got to agree, that letter is absolute bollox.:rotfl:

But Guccilass, why on earth do you keep giving them respect they do not deserve and keep replying? Would you enter into dialogue with a phishing emailer? This is a mail scam in a very similar vein and you keep taking the bait and writing to them so they know each letter they send you is being read! Stop giving them any response.

n_brewer

I received a parking ticket in a limited 1 hour zone -no sign has been up for about 18 months -this was taken down by a demolition crew on the old units - as this was a residents parking area as well and no sign was re-erected residents have been parking here with no problems-recently a sign was re-erected and limited waiting re-introduced-i appealed on the ground that after this amount of time they could have informed the residents of this -my appeal was lost-any ideas - yours hopefully

esmerobbo

If its a private invoice ignore it. Private parking company appeals are always lost.

Coupon-mad

n_brewer wrote: »

I received a parking ticket in a limited 1 hour zone -no sign has been up for about 18 months -this was taken down by a demolition crew on the old units - as this was a residents parking area as well and no sign was re-erected residents have been parking here with no problems-recently a sign was re-erected and limited waiting re-introduced-i appealed on the ground that after this amount of time they could have informed the residents of this -my appeal was lost-any ideas - yours hopefully

You appealed and lost?! Of course, what did you expect?! If it was a private firm what on earth made you believe their lies that they could even issue a PCN let alone 'have an appeals procedure'?

Private firms cannot issue penalties. It was just a flyer on your windscreen, you could have just chucked it in the bin along with burger king flyers and other junk.

BUT you have not actually said whether this WAS a private ticket? Even though you added to a private ticket thread?

Council tickets are different, if you have one of those then go to pepipoo to help get you off it:

http://forums.pepipoo.com/index.php?showforum=30

HTH

maggie.nott

I have recently received a parking ticket for parking in a permit bay within a council car park. There was no floor marking and there was no signage on the immediate temporary perimeter fence of the parking space. There was, however, a yellow sign on the mesh fence 5ft behind the immediate mesh perimeter. There were work men between the two fences. both myself and the car next to me received parking tickets and both of us had not seen the signs. I have since returned to the car park and new signs have been placed on the immediate perimeter fence and 'Reserved' has been painted onto the ground. My appeal has been refused so I would like to know if there is a ruling that permit bay signs need to placed on the immediate perimeter or are they in their rights to expect you to look through the fence and past people

Coupon-mad

maggie.nott wrote: »

I have recently received a parking ticket for parking in a permit bay within a council car park. There was no floor marking and there was no signage on the immediate temporary perimeter fence of the parking space. There was, however, a yellow sign on the mesh fence 5ft behind the immediate mesh perimeter. There were work men between the two fences. both myself and the car next to me received parking tickets and both of us had not seen the signs. I have since returned to the car park and new signs have been placed on the immediate perimeter fence and 'Reserved' has been painted onto the ground. My appeal has been refused so I would like to know if there is a ruling that permit bay signs need to placed on the immediate perimeter or are they in their rights to expect you to look through the fence and past people

Are you sure it's a real PCN from a Council? Council logo at the top ad it's called a PENALTY (not a Parking Charge which would be a fake PCN)?

If it's real, from a Council, then you need to post a picture of both sides of the PCN and the rejection letter itself, on a new thread on pepipoo. Do not hijack an irrelevant thread like you have done accidentally here or you will not be noticed and get no replies.

Start a new topic after registering and reading some threads here:

http://forums.pepipoo.com/index.php?showforum=30

Read the FAQs including 'how to post pictures'. Did you take any photos of the signs as they were? If so then post them in your pepipoo thread along with the PCN and rejection letter pictures.

MOST PEOPLE GET OFF MOST COUNCIL PCNs ON PEPIPOO.

dar1968_2

Hi

Can anyone give me some advise. I parked in the Asda car park on Saturday along side another car. I then went shopping in the store. When I cam back I had a fine/ticket on my screen from Town & County Parking for £30 due to being parked out of marked bay! When I looked at how I was parked I was out of the marked lines. However when I pulled in tot he car park the distance bewteen my car and one alongside me was even or as you would expect in this type of car park. This means the car along side of me must have been over the lines as well as I have compensated for this when I parked my car. However on returning to my car the car that was next to me had left the car park. I don't recall seeing any signs in the Asda car park stating I would be fined if my car was over the lines/out of marked bay area, so can anyone comment on whether I have a valid case or not? Thanks

Inflatable_Armadillo

dar1968 wrote: »

Hi

Can anyone give me some advise. I parked in the Asda car park on Saturday along side another car. I then went shopping in the store. When I cam back I had a fine/ticket on my screen from Town & County Parking for £30 due to being parked out of marked bay! When I looked at how I was parked I was out of the marked lines. However when I pulled in tot he car park the distance bewteen my car and one alongside me was even or as you would expect in this type of car park. This means the car along side of me must have been over the lines as well as I have compensated for this when I parked my car. However on returning to my car the car that was next to me had left the car park. I don't recall seeing any signs in the Asda car park stating I would be fined if my car was over the lines/out of marked bay area, so can anyone comment on whether I have a valid case or not? Thanks

The advice is.... drum role... ignore them! Do not contact T&CP, do not send them any money and tell the Asda store manager that if this is how they treat their customers, then you will be shopping at xxxx in future.

This is a scam and unfortunately, Asda are complicit by employing these scammers.

It is also not a fine, it is an speculative invoice which they are inviting you to pay, you are going to decline their kind offer by ignoring them.

You were in a free car park, so in your case how can you owe them any money.

Have a look around the forum and you can see many threads about Asda and T&CP and the advice is always the same, ignore them... and do you know what... you get the usual 'threat-o-grams' and then nothing happens!

Relax and trust us, nothing will happen!