Parking eye are on my case and I've been naive it seems:(

fantoman

Hi folks. I'm sure u're probably bored with this subject but this is new to me and I'm new to the forum. I got hit with a postal fine from PE. A month ago. I parked in a park outside an asda in wolverton in Milton Keynes. I'd used the spot before in 2012 without any hassle. I'm ok to drive but had been suffering a bit from stress induced anxiety caused by seriously reduced employment ( something I'm working to fix) I didn't see a sign telling me how long to park for (honest!!) The letter had a pic of my car and looked very official and told me I was 40 mins over time and had to pay £100 or £60 if I was quick about it. Well - I appealed: told them what I'm telling u here and before they replied, I got a reminder letter dated 1 day before the reduction date was up. I wrote again ( yes, I know! Fool!) and told them this seemed very unfair - bordering on unlawful - I then (it gets worse) suggested I pay in instalments as £60 is a lot for me to find. They sent a letter back last week saying they would accept 3x£20 payments but I had to sign a declaration that I would do this - there were the usual threats involved if I didn't agree to this or was late with a payment etc. something didn't seem right and I researched them online and found my way to you - and all the advice about ignoring them and NEVER CONTACTING THEM!! Oh dear! I'm assuming I've weakened my position (a lot?) Any help/advice is desperately needed. Like I mentioned, I'm suffering from anxiety and don't relish a load of threatening letters and increasing charges but if u really think ignoring them is my best course of action, I'd do it as I'd hate to be scammed. Or is it too late?
Much appreciated.

Guys_Dad

Well, you appear to have made an offer to pay and they have accepted which usually means a contract exists. Not the most intelligent thing to have done, in hindsight.

You should now write back and say that, following advice, you no longer believe that you owe them anything and withdraw your offer.

Your state of health, bad observation of signs etc is of no consequence to them. Your PPN charge is their income and they are not about to write that off without because you are not 100%. Having told them you are suffering from stress just highlights you out as being an easy target.

So, a strong letter saying that you do not accept their right to charge you and you require a POPLA form with the POPLA code attached to be sent to you is the next step.

I will be in Wolverton at the ASDA/Farm Foods/Tyre Centre later this week and will take a look at the signs to see if they are BPA compliant.

Coupon-mad

fantoman wrote: »

Hi folks. I'm sure u're probably bored with this subject but this is new to me and I'm new to the forum. I got hit with a postal fine from PE. A month ago. I parked in a park outside an asda in wolverton in Milton Keynes. I'd used the spot before in 2012 without any hassle. I'm ok to drive but had been suffering a bit from stress induced anxiety caused by seriously reduced employment ( something I'm working to fix) I didn't see a sign telling me how long to park for (honest!!) The letter had a pic of my car and looked very official and told me I was 40 mins over time and had to pay £100 or £60 if I was quick about it. Well - I appealed: told them what I'm telling u here and before they replied, I got a reminder letter dated 1 day before the reduction date was up. I wrote again ( yes, I know! Fool!) and told them this seemed very unfair - bordering on unlawful - I then (it gets worse) suggested I pay in instalments as £60 is a lot for me to find. They sent a letter back last week saying they would accept 3x£20 payments but I had to sign a declaration that I would do this - there were the usual threats involved if I didn't agree to this or was late with a payment etc. something didn't seem right and I researched them online and found my way to you - and all the advice about ignoring them and NEVER CONTACTING THEM!! Oh dear! I'm assuming I've weakened my position (a lot?) Any help/advice is desperately needed. Like I mentioned, I'm suffering from anxiety and don't relish a load of threatening letters and increasing charges but if u really think ignoring them is my best course of action, I'd do it as I'd hate to be scammed. Or is it too late?
Much appreciated.

In fact we don't all advise ignoring PE any more so you have also been reading slightly old threads. Certainly don't PAY them though!

You have done the right thing initially in appealing but the wrong thing in offering to pay. Luckily you haven't signed that declaration.

I am not being nosy but am asking this next question for a reason: is your 'stress induced anxiety' something you have sought medical help about, has your GP been consulted? Because if so and it's an ongoing condition expected to affect you for 12 months or more then it's actually protecting you under the Equality Act 2010.

If you have been diagnosed with 'stress-related anxiety' and it's ongoing, then it could be argued that you needed longer to park and shop there and that in your state of 'seriously preoccupied' mind it's quite possible you would not have seen the signs. Also that any hassle over a 'charge' is in fact harassment now that PE knew about your stress-related condition.

Point being that you are now at the stage that you can make a strong appeal to POPLA, the independent stage, and we can help you with that appeal. Most people win (and you should too, which forces the PPC to cancel the harassment) but you will need more legal wording in that appeal than you may think. We will help you with that.

I assume that PE did not give you a POPLA code with that first rejection letter, or did they?

Please tell us if you got a POPLA code with the rejection letter at first.

And tell us the exact timeline of what you received and when, how soon after the incident and what the dates were of their letters.

spacey2012

You are the perfect victim.
What ever you do do not let them know you suffer from stress.
They are nasty scammers that will exploit any weakness.
They will now want late payment charges once they have the first lot and will just keep coming back and back until you stand up to them.

If they think they can sue you in civil court let them try.

I would advise you Ignore them totally unless they send court papers, then pick up the fight.
They dont win correctly defended cases.
The chances of them sending court papers are less than 1 in 47,000

Guys_Dad

OK. Ran out of milk and tea, so went to Tesco Wolverton. When there, crossed road to look at the car park signs.

Basics:- small car park less than space for 30 cars. 2 signs on entry, 3 others around car park. Seems that Parking Eye have updated at least one of the signs to recognise POPLA.

Most say £100 charge reduced to no more than £75 if paid promptly, see PCN.
Updated sign says reduction of at least 40% if paid promptly, see PCN etc.

Interestingly enough, the signs refer to "store" but there are at least 4 in block.

Worth checking who owns car park as signs are confused a bit about who is "store".

But I didn't take BPA COP or POFA Schedule 4 to check compliance in writing size.

POPLA appeal will need to concentrate on authority to ticket, I fear.

Stroma

Instalments ? Do they have a consumer credit licence to do that ?

nigelbb

Stroma wrote: »

Instalments ? Do they have a consumer credit licence to do that ?

You do not need a consumer credit licence if it is four or fewer instalments within a year from the date of sale.

fantoman

Well first all. Thank u good people for replying and so quickly too. A lot of info there and upon first read through, I'm a little unsure wether to contact them again, taking a stronger stance ( I understand there are template letters somewhere on site that I could use) or do I sit tight and bear the storm of increasingly threatening letters (which hopefully will desist soon after.) as for being the 'perfect victim' and having let them know about stressed induced anxiety!: I really do wish I hadn't but I didn't have a clue! I've had 1 council parking ticket, many years ago. The stress etc has been noted by my Dr but I'd rather not go down that route if poss. I'm afraid my ignorance of what Popla etc is, needs me to research. Your final sentance GUYS DAD seemed a little ominous:)
Jeez. If it was £10 I would pay it but its an outrageous sum. I think u all for your interest it's much appreciated. I suppose it's a case of either sit tight, suffer the torrent of threatening mail and ignore all or write once more and take a renewed, stronger stance and wait this out too :-(

fantoman

Apologies for repeating myself in that last msg - I kept losing the site on my phone and forgot what I'd written in the first place:(

Coupon-mad

No worries, I didn't notice you had repeated it! Anyway it's not daunting, it's easy to 'research' everything as it's all here on this forum already:

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

'POPLA decisions' tells you about some cases which have lost and won already (most do win now we know what to throw in!). You can see the sort of argument that wins and use some of it in your own appeal.

'New POPLA information website' was written to explain POPLA to newbies, well worth a read.

I strongely recommend POPLA otherwise you'll be living your life over the next few months wondering 'what if they choose me for a small claim because I'm ignoring them and they know that their letters are being received because I responded at first...' And as you already have stress-induced anxiety I can't think that's going to help!

It's VERY UNLIKELY to go to a small claim - and you'd win with a decent defence from here or pepipoo forums anyway. But it would be stressful and I honestly think anyone who appeals to the scammers should then appeal to POPLA. Knock the whole scam on the head at the scammers' expense and rid yourself of those begging letters from debt collectors as well!

Especially as you are here on this forum and can get help with your draft wording. Shout when you need some help and please show us what you've basically drafted (you have to start the letter because you were there, we weren't).

fantoman

Coupon-mad wrote: »

In fact we don't all advise ignoring PE any more so you have also been reading slightly old threads. Certainly don't PAY them though!

You have done the right thing initially in appealing but the wrong thing in offering to pay. Luckily you haven't signed that declaration.

I am not being nosy but am asking this next question for a reason: is your 'stress induced anxiety' something you have sought medical help about, has your GP been consulted? Because if so and it's an ongoing condition expected to affect you for 12 months or more then it's actually protecting you under the Equality Act 2010.

If you have been diagnosed with 'stress-related anxiety' and it's ongoing, then it could be argued that you needed longer to park and shop there and that in your state of 'seriously preoccupied' mind it's quite possible you would not have seen the signs. Also that any hassle over a 'charge' is in fact harassment now that PE knew about your stress-related condition.

Point being that you are now at the stage that you can make a strong appeal to POPLA, the independent stage, and we can help you with that appeal. Most people win (and you should too, which forces the PPC to cancel the harassment) but you will need more legal wording in that appeal than you may think. We will help you with that.

I assume that PE did not give you a POPLA code with that first rejection letter, or did they?

Please tell us if you got a POPLA code with the rejection letter at first.

And tell us the exact timeline of what you received and when, how soon after the incident and what the dates were of their letters.

Hi and thanks. I did not get a popla code with the first letter and obviously, PE refused my appeal. They wrote back stating that i would be provided (by PE) with details of POPLA but i should note " THE POPLA SERVICE IS ONLY AVAILABLE FOR PARKING EVENTS DATED FROM 1ST OCT 2012 AND POPLA WILL NOT ACCEPT AN APPEAL IF I HAVE NOT APPEALED TO PE IN FIRST PLACE" PE did not supply the POPLA details. I did not sign the declaration letter agreeing to my suggestion of instalments and no further letters have arrived and i'm sure it's only a matter of time before they arrive. So maybe that "legal terminology" letter needs to be readied. I'd appreciate any help with this. I'm quite happy to use the anxiety clause as I do believe it was instrumental in me not registering the signs.