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Parking Ticket Appeals guide discussion

edited 6 February 2013 at 12:46PM in Parking Tickets, Fines & Parking
238 replies 111.5K views
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  • I have received a cbc when parked on a grass area in hospital grounds. On the Contractual notice board it states: Warning. Contractual agreement. No parking in roadway area. Any vehicle parked in roadway area may be given a cbc. I was not parked in the roadway . There is no mention of parking in designated parking areas only . There are no signs forbidding parking on grass . The ticket was issued between 10.30- 10.31. My appeal was turned down and if I appeal further I will have to pay the full amount of £100. Advice please. Thankyou :(:(
  • FruitcakeFruitcake Forumite
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    Lindann wrote: »
    I have received a cbc when parked on a grass area in hospital grounds. On the Contractual notice board it states: Warning. Contractual agreement. No parking in roadway area. Any vehicle parked in roadway area may be given a cbc. I was not parked in the roadway . There is no mention of parking in designated parking areas only . There are no signs forbidding parking on grass . The ticket was issued between 10.30- 10.31. My appeal was turned down and if I appeal further I will have to pay the full amount of £100. Advice please. Thankyou :(:(

    This is an old out of date thread.

    Please read the Sticky thread for NEWBIES in the Motoring, Parking Tickets forum then start your own thread if you need further help.

    Alternatively use the Forum Jump GO button near the top right hand corner of this thread to get to the NEWBIES.
    I married my cousin. I had to...
    I don't have a sister. :D
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  • Ralph-yRalph-y Forumite
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    hi, if you are using a phone to browse then you should find the forum is easier to navigate using a PC/laptop .......

    the forum landing/start page is here

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

    the newbies thread mentioned above and the start button can be found there

    plus other information to fight this

    good luck

    Ralph:cool:
  • Hello
    My friend parked my car and received a PCN. A challenge letter was posted taking advice from these forums and we did not hear anymore, assumed they had let it go as they were in the wrong. Months later they sent another letter asking for payment ignoring our initial challenge.
    I sent the letter below to point out again they had breached timings ie issued PCN more than 14 days after alleged contravention and PCN shows these dates. They are ignoring the initial challenge and now the use of POCA as they say too late?! Can they do this? Whats the next step? It been handed over to debt recovery already despite challenge.Advice please?

    Dear Sir / Madam,
    On 6.1.16, I was the registered keeper of a XXXXX

    Reasons for requesting the cancellation of the above PCN are as laid out below:

    The Parking Charge Notice was issued on 2.2.16 as per your notice to keeper and subsequently received by the Keeper more than 14 days after the alleged contravention date of 6.1.2016. This breaches the Protection Of Freedoms Act 2012 (POFA), Schedule 4, Paragraph 9, Points 5 and 6. Civil Enforcement Ltd has therefore failed to meet the stated POFA deadline on serving the notice, therefore keeper liability can not be used.

    We/I dispute the whole basis of the parking charge on the grounds of the sum being disproportionate and not representative of a genuine pre-estimate of loss, nor is it a core price term.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

    I have kept proof of submission of this appeal and hope you will see to respectfully cancel the above PCN given your failure to meet the stated POFA deadline on serving the notice.

    Yours faithfully,
    Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation. You do not have permission to share or store my data for any purposes whatsoever.

    THEIR LATEST REPLY

    Good afternoon
    With reference to your recent correspondence, the contents of which have been duly noted, our client maintains that all relevant correspondence has been sent and that the correct procedure has been followed.
    We must inform you that you have now surpassed the time frame in which an appeal can be made as appeals can only made within 28 days of the Parking Charge Notice being issued and a POPLA code can only be issued following an unsuccessful appeal with our client
    Please note that in this instance our client would not be relying on POFA in pursuing payment of this PCN and in the absence of you providing the driver details for the event our client would argue the balance of probability that you, as the registered keeper were the driver.
    As you have not paid or did not respond to the operator’s further correspondence, this matter progressed to recovery stage and additional charges have been incurred.
    Please be advised, our client has confirmed the PCN was issued correctly.
    The full balance remains payable on our systems, please contact our offices to arrange payment.
    This matter will remain on hold until 30 June 2016 to allow you time to make payment in full. Should payment not be received, we are will have no choice but to instruct Solicitors.
  • UmkomaasUmkomaas Forumite
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    Please don't litter random threads with the same posting.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    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.
  • dvtrvdvtrv Forumite
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    I parked on double yellow lines with my Blue Badge displayed in a location I'm aware I can park in.
    I ended up in a&e with my wife so went well over the allowed 3 hours.

    The penalty notice wasn't clear of reason so I asked why.

    I've since received a letter about my "challenge".
    I was not challenging.

    Anyones opinion on this please before I go further to challenge/appeal.

    I'm familiar with how to appeal etc but am querying re their incorrect assumption that I was challenging.

    This is a small area which I've never seen used in the last 5 years.

    Opinions as to whether their incorrect assumption subsequently give me some kind of case please
  • dvtrvdvtrv Forumite
    178 Posts
    Part of the Furniture Combo Breaker
    Oh the letter explained re going over 3 hours and the "despite" was rejected and I'm told I have to pay.
  • edited 22 June 2016 at 12:15PM
    Coupon-madCoupon-mad
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    edited 22 June 2016 at 12:15PM
    dvtrv wrote: »
    I parked on double yellow lines with my Blue Badge displayed in a location I'm aware I can park in.
    I ended up in a&e with my wife so went well over the allowed 3 hours.

    The penalty notice wasn't clear of reason so I asked why.

    I've since received a letter about my "challenge".
    I was not challenging.

    Anyones opinion on this please before I go further to challenge/appeal.

    I'm familiar with how to appeal etc but am querying re their incorrect assumption that I was challenging.

    This is a small area which I've never seen used in the last 5 years.

    Opinions as to whether their incorrect assumption subsequently give me some kind of case please

    You have a case anyway.

    Please don't read the useless MSE article! It's too old and the suggested appeal is WRONG.

    Please read the NEWBIES READ THESE FAQS FIRST thread, near the top of the forum and send that appeal instead, if you have not yet got a rejection letter & POPLA code. This will be ParkingEye or Indigo or CP Plus, maybe, so send them a copy of the Blue Badge as well and do the appeal online WITHOUT saying who was driving. Unless you are already at POPLA stage*

    The sticky thread explains all. :)

    dvtrv wrote: »
    Oh the letter explained re going over 3 hours and the "despite" was rejected and I'm told I have to pay.

    *And told you have a POPLA code? If so, start a new thread. AFTER reading the NEWBIES thread post #3 about POPLA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • dvtrvdvtrv Forumite
    178 Posts
    Part of the Furniture Combo Breaker
    It was a council ticket and I'm not at any stage. Like I say, I'm aware of how to handle parking fines.

    I am merely asking opinions of the councils letter.

    Thanks though
    Coupon-mad wrote: »
    You have a case anyway.

    Please don't read the useless MSE article! It's too old and the suggested appeal is WRONG.

    Please read the NEWBIES READ THESE FAQS FIRST thread, near the top of the forum and send that appeal instead, if you have not yet got a rejection letter & POPLA code. This will be ParkingEye or Indigo or CP Plus, maybe, so send them a copy of the Blue Badge as well and do the appeal online WITHOUT saying who was driving. Unless you are already at POPLA stage*

    The sticky thread explains all. :)




    *And told you have a POPLA code? If so, start a new thread. AFTER reading the NEWBIES thread post #3 about POPLA.
  • fisherjimfisherjim Forumite
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    You are on the wrong forum for council tickets you need to get over to pepipoo they specialise tin real council tickets, this one is for pretend private parking tickets!;)
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