Parking charge notice

2ddesign

Thank you all again for your suggestions! I will try the soft appeal as Coupon Mad and ManxRed suggest! When that is rejected I will appeal to POPLA for their adjudication? Might need some pointers on how to word that when the time comes. 2ddesign

SodG24

ManxRed wrote: »

Agree with Coupon Mad here.

As do I but I'm a awkward bar steward !

Coupon-mad

2ddesign wrote: »

Thank you all again for your suggestions! I will try the soft appeal as Coupon Mad and ManxRed suggest! When that is rejected I will appeal to POPLA for their adjudication? Might need some pointers on how to word that when the time comes. 2ddesign

Yep, come back when it's time for the POPLA appeal.

hoohoo

+1 for coupon mad.

Train the PPCs to allow the frst appeals by costing them lots at the POPLA stage

Celtic_Bil

We are having a similar thing from last week.

The Mrs paid and displayed the ticket. But either she had accidentally put the ticket face down or whilst getting our 2yr old twins from the car, the wind has blown it face down.

The issue reason on the Parking Charge states 'No Ticket'.

Before reading forums, I checked the lovely pics they had taken of our car and it is clear that the ticket (showing serial no) is face down on the dashboard. So I responded by email with a copy of the ticket.
As you can guess, a letter came back stating appeal rejected (with POPLA details). The letter also stated that they acknowledge the fact that we had purchased the ticket, but it was displayed incorrectly.

I will just ignore all future letters from now on, but......
.....If they issue me a parking charge for 'no ticket' and then acknowledge that I had a ticket, would this not contradict the charge anyway, as they did not issue it for incorrectly displaying a ticket?
Also the car park sign simply says 'a valid ticket showing time information must be displayed and be visible from outside the vehicle at all times'. It doesn't mentioned which way round it should be displayed! The ticket did show time information and was clearly visible as their pics show.....

Aplologies if this should have been in a new thread. First time poster with similar case as OP

Stroma

So they acknowledge that you have paid, they acknowledge there was a ticket on the dash, but they have turned down your appeal and try to pass you an illegal penalty as punishment. This will never go to court as there is no loss to them or the landowner.

I would be tempted to go to popla with this, one it costs them more money ie £34 and even if they turn your appeal down the decision is not binding on you, but if you win it is binding on the parking company. If you'd like to go there we can help you form a cogent defence.

Remember if you lose at popla you still don't have to pay unless it goes to court and you lose, this is highly unlikely.

Celtic_Bil

Thanks Stroma, I was thinking about the POPLA route.

I would rather just ignore the letters or ask why they want to penalise me for fulfilling any contract I may have enterred into. But as POPLA will cost them, and the more people go POPLA the better, then I will probably do this.

Cheers.

Stroma

Just pop your defence here and we can help you with that

Guys_Dad

Have a look at the POPLA web site first.

The grounds for appeal are laid out here http://www.popla.org.uk/makinganappeal.htm

How is your appeal considered
Grounds of appeal

The grounds under which you can appeal the parking charge notice are as follows:

The vehicle was not improperly parked: e.g. that the vehicle was not parked where stated on the parking charge notice; that you believe you were still within the time you paid for; that the voucher was clearly displayed or that the conditions were not properly signed.

The parking charge (ticket) exceeded the appropriate amount: e.g. that you are being asked to pay the wrong amount for the parking charge or that the charge has already been paid.

The vehicle was stolen: e.g. that the vehicle was improperly parked after being stolen. However, the fact that someone else was driving your vehicle, for example a family member, friend or colleague, is not in itself a valid ground of appeal. The fact that you told the driver that they could only use your vehicle on condition they did not get any parking tickets is not a valid ground of appeal.

I am not liable for the parking charge: e.g. that you had sold the vehicle before, or bought it after, the alleged improper parking. However, the fact that you had paid to park the vehicle in the first place (even if, for example, the voucher was not clearly displayed) is not in itself a valid ground of appeal.

Looks like you need to be looking at the second of the four reasons. You also need to look at the bit about the conditions being clearly signed.

But having it in writing that they accepted that you had paid should mean they had no loss. I wonder if they will bother with POPLA if you say you are going to raise an appeal.

Celtic_Bil

I'll have a think over the weekend.

When somebody appeals to POPLA do the PPC immediately receive the £27 charge or do they have an option to remove the penalty without the appeal going through the POPLA system, and therefore avoid the charge?