Minimum time allowed?

karenloveskermit

I've appealed against a private car park fine because I had quickly gone to tell someone I was moving my car and therefore I was only parked for a few minutes and then moved my car. The company are saying this doesn't matter and I still have to pay. Just wondered if they was a minimum time that you have to have been parked for before they can charge you?

nickstarmer

karenloveskermit wrote: »

I've appealed against a private car park fine because I had quickly gone to tell someone I was moving my car and therefore I was only parked for a few minutes and then moved my car. The company are saying this doesn't matter and I still have to pay. Just wondered if they was a minimum time that you have to have been parked for before they can charge you?

Why appeal as a scam any way!

Coupon-mad

karenloveskermit wrote: »

I've appealed against a private car park fine because I had quickly gone to tell someone I was moving my car and therefore I was only parked for a few minutes and then moved my car. The company are saying this doesn't matter and I still have to pay. Just wondered if they was a minimum time that you have to have been parked for before they can charge you?

'Appealed' LOL!! You appealed and you seem to think it's a real penalty fine?

My suggestion is to read ANY other thread on the forum about any private parking company (PPC). It's a scam, there is NO FINE!

But now you've started you may as well finish and now you have a rejection letter, see if the firm has given you a POPLA appeal code (if this was in England or Wales).

- If yes then post back here for help to do a strong POPLA appeal.

- If no POPLA code with the rejection, then let us know and we will probably be telling you that the firm are stuffed!

karenloveskermit

Thank you so much! It's CPS - Combined Parking Solutions and they have given me a POPLA reference and form.

I've just had a look at the POPLA webiste and my reason isn't listed under the list of reasons why I could win my appeal?

I would really appreciate your help in how to write an appeal to POPLA that will win.

Loads of people are saying to me to just pay the £60, but I don't see why they should get £60 for 2 minutes of parking plus I'm in financial hardship and so it will be very difficult for me.

The_Slithy_Tove

karenloveskermit wrote: »

Thank you so much! It's CPS - Combined Parking Solutions and they have given me a POPLA reference and form.

I've just had a look at the POPLA webiste and my reason isn't listed under the list of reasons why I could win my appeal?

Since you are not liable to the charge, there is always the catch-all #4, "I am not liable for the parking charge". The reason is that the BPA Code of Practice specifically states that it should allow you time to enter the car park, decide you don't want to accept their so-called contract, and leave again. That is the case, isn't it ;-)

karenloveskermit wrote: »

Loads of people are saying to me to just pay the £60, but I don't see why they should get £60 for 2 minutes of parking plus I'm in financial hardship and so it will be very difficult for me.

They're nuts and know nothing. DO NOT PAY. Even if you lose at POPLA, DO NOT PAY. Nothing will come of it, but you may as well go to POPLA, if only t cost CPS some money.

SINNED

I have today received the fastest parking ticket ever from Napier Parking. Pulled into parking space and 18 seconds later received a ticket for "failure to display......" Did not even have the time to decide if I wanted to park or not.

Anyone think I have a reasonable case to appeal?

HappyMJ

SINNED wrote: »

I have today received the fastest parking ticket ever from Napier Parking. Pulled into parking space and 18 seconds later received a ticket for "failure to display......" Did not even have the time to decide if I wanted to park or not.

Anyone think I have a reasonable case to appeal?

No reasonable case to appeal.

So don't bother appealing....and don't bother paying either. Let them take you to court and then you tell the court that.

Coupon-mad

Here are some POPLA decisions so far:

https://forums.moneysavingexpert.com/discussion/4488337

Just tick 'I am not liable for the parking charge' and then draft an appeal as to why and what you want produced as evidence by CPS. You can see the sort of thing that works and what doesn't work, from that link. Certainly NOT mitigation 'sorry I wasn't long'! Nope.

POPLA seem to like to uphold appeals against BPA Code of Practice breaches such as wrong deadlines (read the BPA CoP on the BPA website and see what it says a PPC 'must' comply with). Read it now and quote it in your appeal.

Demand the contract and 'Site License agreement' (CPS' own spelling!:D) between the PPC and the landowner/occupier be scrutinused by POPLA as you believe it's not BPA compliant.

I would also demand to know who put the fake PCN on the car and took the photos (if any) and with what camera. Demand to have a copy produced to POPLA showing the level of training the person had in order to do this 'job' and that you want POPLA to be shown the details of the type of camera and the clock the person issuing the ticket relied upon.

The point being that CPS are a self-ticketing set-up whose fake PCNs rely on a random staff member person on-site, with the contract password, sends them a picture of a car in their car park. Anyone with access to the online link and password could take the pic using any old mobile phone and any timepiece - argue in your POPLA appeal that this is wholly unreliable with a random camera and someone's wristwatch - particularly when TWO minutes is alleged. CPS seem to think that a digital camera/mobile phone camera will be more than sufficient...

Also demand to be shown proof that the person in question has been trained in depth about the BPA Code of Practice - and if they have, why are they completely unaware of the fact that there MUST be a grace period to allow a person to drive in, read the signs, decide whether to stay or not (which you decided not to) and then leave. Under the BPA COP I think it's supposed to be at least 5 minutes, so quote it once you've found it.

http://www.combinedparkingsolutions.com/about/

Also state in your appeal that it's significant that CPS on their own website (above) say:

''Combined Parking Solutions does not issue charges based on penalities, trespass or breach of contact and associated “reasonable pre-estimation of losses”, this results in ALL of our charges being 100% enforcable in court as they are based on a contractual acceptance of the charge and terms and conditions as displayed on the signage''

Therefore, their tickets are based on an allegation that the driver has entered into a contract to pay them an amount in exchange for parking.

You must clearly DENY that any contract exists between you and CPS, because once you read the signs you did not accept the terms and left well within the BPA grace period, having simply stepped out of the car briefly to tell xxxx of xxxx company (or was it your passenger or who was it please?) that you were moving the car.

Coupon-mad

SINNED wrote: »

I have today received the fastest parking ticket ever from Napier Parking. Pulled into parking space and 18 seconds later received a ticket for "failure to display......" Did not even have the time to decide if I wanted to park or not.

Anyone think I have a reasonable case to appeal?

I would appeal like I just advised the OP to do, because there's a mandatory BPA AOS grace period - see the code of practice on the BPA website. Take it to POPLA and cost Napier money to see their case crash and burn. Also demand the contract and all sorts of other stuff to be produced to POPLA if they do not cancel the ticket - Napier will not want to show their contract and other info!

And I wouldn't inore Napier as I think they occasionally take a small claim punt. If it was me I'd force them to either cancel or see their case lost at POPLA, at their own expense. YOU NEED TO START YOUR OWN THREAD PLEASE!

Guys_Dad

Yes, c-m is correct. Here is the wording

13 Grace periods
13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.

13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.

13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.

You could have real fun with this one. Ask them what their grace period is. Less than 18 seconds??? Think not.

Certainly use this condition in any appeal.

karenloveskermit

Coupon-mad wrote: »

'Appealed' LOL!! You appealed and you seem to think it's a real penalty fine?

My suggestion is to read ANY other thread on the forum about any private parking company (PPC). It's a scam, there is NO FINE!

But now you've started you may as well finish and now you have a rejection letter, see if the firm has given you a POPLA appeal code (if this was in England or Wales).

- If yes then post back here for help to do a strong POPLA appeal.

- If no POPLA code with the rejection, then let us know and we will probably be telling you that the firm are stuffed!

Please could you help me with the POPLA appeal?