Parking Fine for parking in my own space!!

Fleurlur

I think I'll just ignore it to be honest, I'm happy enough to bin the threatening letters now I've read lots on here. Thankyou for your help though.

Stroma

Please don't bin the letters, just file them away in a safe place.

Fleurlur

Why not bin them?

Stroma

Fleurlur wrote: »

Why not bin them?

Because its best to keep them filed in case a claim is issued, it's highly unlikely as this company never do court, but its best to keep something like this just in case. What I do is scan all documents and file them in my pc, then shred the originals as they take up space.

Fleurlur

Okay thankyou, I'll put them away with the rest of my important documents.

Coupon-mad

I don't know why anyone would appeal to the scammer then not bother to appeal to the independent appeals adjudicator? Makes no sense to me.

If ever a PPC 'might' pick a case to try a small claim on (which is very rare BTW) it could easily be one where the person has appealed, giving lots of info such as who was driving and what happened, had the appeal rejected and then 'not bothered' with POPLA. The PPC cxould paint a picture for a judge that they had behaved reasonably throughout, heard and appeal and offered the next stage, only to be ignored...

So I would bother. We can help if a poster just posts a draft of what they are thinking of saying. We can help to fine tune it and add legal questions which might win it. What we can't do is write it from scratch as the OP has the details of the scenario, not us.

jkdd77

Coupon-mad wrote: »

I don't know why anyone would appeal to the scammer then not bother to appeal to the independent appeals adjudicator? Makes no sense to me.

If ever a PPC 'might' pick a case to try a small claim on (which is very rare BTW) it could easily be one where the person has appealed, giving lots of info such as who was driving and what happened, had the appeal rejected and then 'not bothered' with POPLA. The PPC cxould paint a picture for a judge that they had behaved reasonably throughout, heard and appeal and offered the next stage, only to be ignored...

So I would bother. We can help if a poster just posts a draft of what they are thinking of saying. We can help to fine tune it and add legal questions which might win it. What we can't do is write it from scratch as the OP has the details of the scenario, not us.

For possibly the first time, I must respectfully disagree with Coupon-mad.

Given POPLA's transparent pro-PPC bias, fettered grounds of appeal and blatant errors of law in its decisions, I don't think a judge would penalise a motorist for not appealing to it.

Indeed, I am concerned that the likely POPLA 'appeal rejection' in such a scenario might be persuasive to a clueless judge in ruling in favour of the PPC.

Furthermore, the cost of £27 + VAT incurred by the PPC as a result of a POPLA appeal (plus the time involved in making submissions) makes it more likely, in my view, for the PPC to preferentially pursue POPLA rejectees rather than those who have not caused the PPC to spend this money by ignoring from the outset.

The advantage of 'appealing' and then ignoring is that the motorist can show that they have acted reasonably in setting out why he/she is not paying, and, if the PPC responds with misleading information, this could be grounds for a complaint to the DVLA and/or BPA and/or Trading Standards.

Half_way

If its a claer cut case, that the person with the parking ticket form the PPC has a right to park in that space as per the terms of the lease agreement,with no mention of any oarking permits etc, then personaly i would go down the route of tellling the management company that I was withdrawing from their permit scheme, and as a result I dont want to be ticketed.
the permit would them be placed inside somewhere, and each and every ticket form the PPC would be appealed via popla, with the idea of getting in as many appeals as possible.

Guys_Dad

jkdd77 wrote: »

For possibly the first time, I must respectfully disagree with Coupon-mad.

Given POPLA's transparent pro-PPC bias, fettered grounds of appeal and blatant errors of law in its decisions, I don't think a judge would penalise a motorist for not appealing to it.

Indeed, I am concerned that the likely POPLA 'appeal rejection' in such a scenario might be persuasive to a clueless judge in ruling in favour of the PPC.

Furthermore, the cost of £27 + VAT incurred by the PPC as a result of a POPLA appeal (plus the time involved in making submissions) makes it more likely, in my view, for the PPC to preferentially pursue POPLA rejectees rather than those who have not caused the PPC to spend this money by ignoring from the outset.

The advantage of 'appealing' and then ignoring is that the motorist can show that they have acted reasonably in setting out why he/she is not paying, and, if the PPC responds with misleading information, this could be grounds for a complaint to the DVLA and/or BPA and/or Trading Standards.

I think it depends upon the circumstances and the actual facts.

For example, there is a current thread where someone with a child mistakenly parked in a disabled bay. Without the PPC having signage, contractual or procedural mistakes, an appeal to POPLA is likely to fail.

However, where someone is ticketed within any grace period, of the discount offered is < 40% or a disabled driver with a RFL that clearly says "Disabled £0.00", then an appeal to POPLA, properly constructed, is well worth while.

The other point to consider is the motorist's own personality, if that is the right word. Some people are frightened of courts are worriers and can't cope with the sword of Damocles hanging over their head and just want it all to go away. POPLA gives them a chance to get it sorted and, if they have a genuine case, a properly worded appeal has been shown to work.

I tend to side with coupon-mad on this, with the proviso that, if you know you can't win at POPLA, then ignore is best.

Coupon-mad

Fleurlur wrote: »

I'm not sure what to say in an appeal. Saying the amount is too much never seems to work from what I've read in these forums. Even though they have lost NO money whatsoever from me parking in my own damn space!! Or even if it hadn't been my space, they STILL wouldn't have lost money because its free to park there!!

I suggested you do a POPLA appeal because you do have strong grounds and I would be surprised if you lose it if you word the appeal well. We can help you to fine-tune it and add in more points when we look at your draft.

Draft something based on these threads (but without the VCS -v- HMRC ruling mentioned, now that it's ridiculously been overturned):

http://forums.pepipoo.com/index.php?showtopic=75510

http://forums.pepipoo.com/index.php?showtopic=76696

then there's this one today about unclear signage which you may feel is relevant to your case too (not the loading point, the unclear signage in general):

http://forums.pepipoo.com/index.php?showtopic=77217&st=20



HTH - I don't see it that POPLA has a PPC bias at all - those that have lost so far seem to have missed a trick or two on wording, IMHO.