Care Parking PCN - Appeal Rejected

Cookiebean

Hi

I received a Parking Charge Notice from Care Parking at Cheshire Oaks. I was parked over 2 spaces as there was a large vehicle that was already parked and they had done that.

We went for lunch in burger king and we're approx an hour. When I came out there was a ticket on my car for £100 but if I paid within 14 days it would be reduced to £60.

I hadn't unfortunately read your thread on ignoring them completelyand sent an appeal letter. I have received a letter back which has rejected my appeal. They have enclosed a POPLA form for me to fill in.

I would really appreciate some help and advice on what the next step would be? To fill in the POPLA form or to just completely ignore anymore correspondence from them

edward123

An appeal to POPLA. Costs the PPC money. Really, to think that paying this company any money let alone £60 is just nonsense but thats the world we live in where there are people happily trying to scam other people and the PPC's are just a part of this. A regular will help you with a POPLA appeal(do not respond to a poster's PM who has less than 1000 posts as PPC trolls lurk!). But its not binding on you whether its succesful or not but is on the PPC. The PPC would be crazy to take this to a small claims court, and thats why they won't. You have nothing to fear at all and thats a definite.

fisherjim

I would remove the date and the exact location of where you were ticketed.
You are identifying yourself to the scumbag PPC's that lurk on here looking for people to ramp up the pressure on.

Someone will be along soon to advise on a POPLA appeal, the one you used for the PPC will not work.
You need to dig into the terms and conditions, and BPA guidlines to win with POPLA.

But what ever you do don't pay these pea brained idiots anything!

Cookiebean

Hi

Thank you for the advice, I have removed the date from the post.

I would appreciate any help with the POPLA form.

Kite2010

All Care parking care about is getting your money.

Fill out the Popla form as it costs them money, and you might be lucky and get it cancelled if they can't be bothered submitting the contract to show they have the right to charge.

nigelbb

I suggest that you get over to PePiPoo & start a new thread. No disrespect to the regulars here (some of who are regulars there too) but you will get better advice over there on what to present to POPLA. I am guessing that your appeal was just an apology rather than reasoned arguments as to why they are not even legally empowered to charge you? A proper case presented to POLA with certain killer questions that the PPC will not answer all but guarantee success.

Stroma

I concur with the advice on posting this on https://www.pepipoo.com as well, this is to make sure you are getting advice on a popla appeal. Please don't submit an appeal to popla without the advice first, you will get a comprehensive appeal to take there.

Coupon-mad

The first appeal could/should have been a strong 'legal challenge' in your own words but very detailed - which is what we advise on here and on pepipoo. But as you presumably just did a normal 'soft' appeal (sorry!) then read the legal challenge template and other sections of the Parking Cowboys website to see what to consider (but not copy verbatim of course):

http://www.parkingcowboys.co.uk/appeal-letter/

Also look at the 'Registered Keeper Liability' and other sections on that site, noting anything you notice that 'your' PPC has omitted to do or state.

So you need a very strong POPLA appeal, heavy on contract law stuff and any BPA breaches by the PPC, perhaps not even mentioning what happened unless there are things about the car park that make your case stronger, like signs being hidden/not lit/too high/too small font to read (take photos). POPLA do like the 'contract law arguments/unclear signs/unfair & unenforceable penalty/BPA Code of Practice breaches/PPC has no status, assignment of land rights or ownership/PPC has not shown the site agreement/contract' approach as is shown in some successful POPLA decisions so far:

http://forums.moneysavingexpert.com/....php?t=4488337

And although it's tedious, compare the BPA Code of Practice with what the PPC has done in terms of narrow bays, dodgy unclear signs, look at the ticket wording, Notice to Keeper wording, procedures/cameras/deadlines, etc. Does it all match the CoP this bunch of scammers are signed up for? Look for breaches and list those you find.

Like this poster did on pepipoo, perhaps not similar to your case, I don't know, but look what she put together for POPLA after starting off as a newbie poster scared of two fake PCNS! This is a nice example of a well-researched POPLA appeal IMHO:

http://forums.pepipoo.com/index.php?showtopic=78026

Much can be made of some BPA breaches and a bit of thought as to what you can suggest in a final summary, that the PPC 'should' produce in their evidence to POPLA - set up lots of banana skins and they only have to slip up on one and POPLA will probably find in your favour.