Parking Fine appeal rejected

somesue

I have sent one more email as they are said that I have entered in to a contract, which was breached by my parking permit not being on show......Whatever happens now, I am still not going to pay!


Dear Sirs

Further to your email and attachment, I write again to request an appeal to the decision.

If I understand you correctly, I am being penalized £100, for a "breach of Contract".
I believe that in law any penalty for breach of contract must be a genuine pre-estimate of loss and I don't believe that PCM have incurred any such losses by my car being parked in my OWN SPACE with or without a permit.

Please can you provide me with evidence of such losses?

Umkomaas

It ought to be made clear that I have found that the operator has failed to demonstrate that the charge is a genuine pre-estimate of loss, [STRIKE]not that the charge is not in fact a genuine pre-estimate of loss[/STRIKE].

Would have been sufficient!!

Double negatives removed from that part of the sentence now reads:

[STRIKE]not[/STRIKE] that the charge is [STRIKE]not[/STRIKE] in fact a genuine pre-estimate of loss.

A bit like early-days Shona saying it was a contractual charge and a breach at the same time.

Dangers of disappearing up their own rear ends in trying not to upset PPC-world

Coupon-mad

kirkbyinfurnesslad wrote: »

Which company was it?
You musnt pay Them as they have no case.
You own the space. End of.

This absolutely!

What a shame you didn't get help with your POPLA appeal wording as you would have won and got it cancelled. See this advice to someone with a similar case on pepipoo which hasn't been heard yet but had an example of a robust appeal against PCM you could have copied & adapted (see post #35):

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

I have posted this decision in the top 'POPLA decisions' thread for others to learn from because there can't have been enough in your appeal (sorry):

https://forums.moneysavingexpert.com/discussion/comment/61573767#Comment_61573767

Anyway you can simply ignore this now and IF the PPC do try an actual small claim, this time get urgent pepipoo advice on your defence wording to see it off.

DO NOT PAY.

somesue

Hello,
So I have ignored PCM, and they have ignored me after I had my appeal rejected by POPLA, and I have arrived home after a weekend away to find a Letter for Newlyn Debt Collection Ltd DO NOT IGNORE THIS LETTER Parking charge details Total Outstanding £154.00
Dear Sir/ Madam, We have been instructed by Parking Control Management (UK) Ltd to recover the outstanding Parking Charge Notice, which remains unpaid. Do not ignore this letter. Further action may be taken at considerable cost to you if the debt is not cleared. In order to clear this debt and avoid further action being taken you need to contact us as a matter of urgency on 01604 625130 with your proposals to clear this outstanding amount.

What should I do??

surfboy1

somesue wrote: »

Hello,
So I have ignored PCM, and they have ignored me after I had my appeal rejected by POPLA, and I have arrived home after a weekend away to find a Letter for Newlyn Debt Collection Ltd DO NOT IGNORE THIS LETTER Parking charge details Total Outstanding £154.00
Dear Sir/ Madam, We have been instructed by Parking Control Management (UK) Ltd to recover the outstanding Parking Charge Notice, which remains unpaid. Do not ignore this letter. Further action may be taken at considerable cost to you if the debt is not cleared. In order to clear this debt and avoid further action being taken you need to contact us as a matter of urgency on 01604 625130 with your proposals to clear this outstanding amount.

What should I do??

There is no debt. It is YOUR parking space! end of!
Have a read of the forums where other people have been in the same situation as you. Someone even got damages for trespass! For the PPC trespassing on their parking space!:)
You could write to the DCA and tell them that you will gladly pay any sum due, to the landowner! and as that is you, you could pay yourself £154!

prowla

Wouldn't it be fun to invoice them for running a business using your parking space without your permission?

Orrin

The only way Newlyn can collect on the debt is if you decide to pay them.

Assuming you have no plans to pay you can simply ignore their letters.

The only exception is if you get official court papers which should not be ignored, however this sounds extremely unlikely.

Coupon-mad

somesue wrote: »

Hello,
So I have ignored PCM, and they have ignored me after I had my appeal rejected by POPLA, and I have arrived home after a weekend away to find a Letter for Newlyn Debt Collection Ltd DO NOT IGNORE THIS LETTER Parking charge details Total Outstanding £154.00
Dear Sir/ Madam, We have been instructed by Parking Control Management (UK) Ltd to recover the outstanding Parking Charge Notice, which remains unpaid. Do not ignore this letter. Further action may be taken at considerable cost to you if the debt is not cleared. In order to clear this debt and avoid further action being taken you need to contact us as a matter of urgency on 01604 625130 with your proposals to clear this outstanding amount.

What should I do??

Do nothing. The situation has not changed.

This is a standard debt collector threatogram which everyone ignored for years before POPLA was an option. Same old same old.

Only take seriously a Letter before Action from the company themselves (respondable, we have guidance) or a small claim from Northampton court (defendable, we have guidance & help).

bazster

Do you really own this space (freehold or leasehold), or do you have a leasehold on your home which gives you the right to use this space?

If the latter, have you checked your leasehold to see what it says about permits? (Almost certainly nothing).

The_Slithy_Tove

bazster wrote: »

Do you really own this space (freehold or leasehold), or do you have a leasehold on your home which gives you the right to use this space?

If the latter, have you checked your leasehold to see what it says about permits? (Almost certainly nothing).

And once you have verified this, you then take THEM to court by following this example.