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Ticket when broken down in own car park

I have read everything from top to bottom on Money Saving Expert (advise wise) regarding private companies as I have heard they weren't legally enforceable! I am so pleased to have found other people discussing CPM (UK - Car Park Management) because these were the clowns that gave me a ticket for parking outside my own apartment.

I appealed the ticket in writing within 24 hours and heard back after 5 working days with unsuccessful as my outcome.

I included photos in my appeal and a copy of my invoice from the AA (as my car had broken down where I had parked) - I gave many other points as to why I had mounted the kerb, the main one being I pay an absolute fortune to rent an apartment and feel absolutely outraged they expect me to pay to park somewhere miles away from my home when there are literally NO other spaces in the car park! I hadn't obstructed the road, but had restricted the path. This is can appreciate. But mainly I dont appreciate a £100 fine to park outside my own home...pretty sure when you live in a house this isn't the case?

The cheeky blighters conjured up 7 bullet point response to refuse my appeal, but at no point did they mention the mitigating circumstance that my car had broken down. In addittion they decided to add in there than I didn't have a permit on show because I DID

Strategically they took the photo of my car from so far back that I cannot prove the permit was on show my permit is stuck onto my windscreen and always has been so this is a bit gutting!

The letter uses a lot of legal jargon (scare tactics) '...from the 1st October 2012 under Schedule 4 of the Protection of Freedoms Act 2012, we do have the right, subject to the requirements of the Act, to recover the unpaid amount from the registered keeper of the vehicle at the time it was parked' - as per discussed all over this site

And go on to say 'further correspondence will be noted and filed, but will not be replied to' and 'if the parking charge remains unpaid addittional charges may be incurred resulting from debt recovery and court action'

I have emailed the DVLA to see whether they can access my address, they say they are BPA approved but I have checked the list and they are not on it!!!!

I want to ignore them out of principle but now they have my address from my appeal I am a little concerned. Also do I run the risk of losing my job if they took me to court? I hear they can add as many fees as they like (as they are cow boys) between now and a possible court hearing...the fear of being in that small percent that they do take to court then losing the court case worries me...so do I take the risk and perhaps win or run the risk of being that small percent ? HELP
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Comments

  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    They didn't fine you or give you a penalty, its just a lousy invoice from a two bit parking company. If they refused your appeal did they give you a popla verification code to appeal independently ? Did they even mention you could do that?
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    hmmm I can't find these on the AOS list below, if they are not there you shouldn't have contacted them to begin with

    http://www.britishparking.co.uk/AOS-Members

    take that back, found them
    http://www.uk-carparkmanagement.co.uk/
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Yes I know Stroma :( feel like an idiot now but really wasn't clued up on the whole thing until I started to learn how to use this site!

    No mention of POPLA in any correspondance, really can't believe they ignored the part of my appeal where my car had broken down and the invoice I provided. Also that they added my permit wasn't on show when it was; but took the photo from so far back you cannot see it ! Huff
  • Coupon-mad
    Coupon-mad Posts: 155,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 March 2013 at 5:20PM
    Already answered you here, except that you didn't say it wasn't even an AOS member so I did mention POPLA:

    https://forums.moneysavingexpert.com/discussion/4300097

    Of course there's not going to be POPLA if this isn't even an AOS member. Or is it?

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    In addittion they decided to add in there than I didn't have a permit on show because I DID

    Strategically they took the photo of my car from so far back that I cannot prove the permit was on show my permit is stuck onto my windscreen and always has been so this is a bit gutting!

    By the same token they can't prove you didn't have it on show. I would ignore them for now.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Yes I know Stroma :( feel like an idiot now but really wasn't clued up on the whole thing until I started to learn how to use this site!

    No mention of POPLA in any correspondance, really can't believe they ignored the part of my appeal where my car had broken down and the invoice I provided. Also that they added my permit wasn't on show when it was; but took the photo from so far back you cannot see it ! Huff

    Well they are in serious breach then, as they must provide details of an independent appeal, can you scan your letter of rejection in, and make a complaint to the dvla below, they take a very dim view of non compliant parking companies.

    foi@dvla.gsi.gov.uk
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If they are not BPA AOS members they are not in breach of anything. There is no access to POPLA either. WIth non-members they are back to pre-PoFA status as they cannot get the registered keeper details from the DVLA so must chase the driver. With PPCs who are not BPA members the advice should be to ignore totally as they cannot know who the driver or RK is unless you tell them.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Stroma wrote: »
    hmmm I can't find these on the AOS list below, if they are not there you shouldn't have contacted them to begin with

    http://www.britishparking.co.uk/AOS-Members

    take that back, found them
    http://www.uk-carparkmanagement.co.uk/
    nigelbb wrote: »
    If they are not BPA AOS members they are not in breach of anything. There is no access to POPLA either. WIth non-members they are back to pre-PoFA status as they cannot get the registered keeper details from the DVLA so must chase the driver. With PPCs who are not BPA members the advice should be to ignore totally as they cannot know who the driver or RK is unless you tell them.

    They are in the aos
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • They are noted on the BPA list, however they aren't ticked to have rights to debt collection or ANPR...
  • Coupon-mad
    Coupon-mad Posts: 155,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They are noted on the BPA list, however they aren't ticked to have rights to debt collection or ANPR...


    Forget what ticks are there or not - the BPA list is a pile of rubbish anyway just like everything else they churn out.

    I have already answered you on the other thread then - your case is no different thean anyone else on the forum. POPLA is next if they give you the code.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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