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New PCN

Hi,

I'm new here and after receiving what seems to be a record number of fines this year have decided enough's enough its time to fight back.

I have just been fined £100 by A S Parking Management and Enforcement Services for overstaying by 20 minutes on a £2 parking ticket which was for 2 hours.

This was on Padstow town harbour opposite Rick Steins famed restaurant, so if you are holidaying in Padstow park elsewhere.

It was a basic mistake we, had a bite to eat, my 4 year had diarrhoea afterwards and we were about 25 minutes late getting back to the car.

I just can't believe that £100 fine, £60 if I pay early is even vaguely fair. Having read the MSE articles, Popla.me.uk etc. I have decided to fight.

Question is. What's the best tact. Do I send them a mail offering to pay a further £2 and £5 for admin in recognition of their loss. Or do nothing and see what happens? I'm guessing that if I contact them with a fair offer if it goes to court I might be in a better position to argue the toss?

TIA for any help,

Mr K.

Comments

  • Hovite_2
    Hovite_2 Posts: 749 Forumite
    mrkuryakin wrote: »
    Hi,

    I'm new here and after receiving what seems to be a record number of fines this year have decided enough's enough its time to fight back.

    I have just been fined £100 by A S Parking Management and Enforcement Services for overstaying by 20 minutes on a £2 parking ticket which was for 2 hours.

    This was on Padstow town harbour opposite Rick Steins famed restaurant, so if you are holidaying in Padstow park elsewhere.

    It was a basic mistake we, had a bite to eat, my 4 year had diarrhoea afterwards and we were about 25 minutes late getting back to the car.

    I just can't believe that £100 fine, £60 if I pay early is even vaguely fair. Having read the MSE articles, Popla.me.uk etc. I have decided to fight.

    Question is. What's the best tact. Do I send them a mail offering to pay a further £2 and £5 for admin in recognition of their loss. Or do nothing and see what happens? I'm guessing that if I contact them with a fair offer if it goes to court I might be in a better position to argue the toss?

    TIA for any help,

    Mr K.

    Two VERY important points first :

    1. IT'S NOT A FINE !
    2. STOP PAYING THE FAKE INVOICES !

    You should appeal to the PPC in a vague way. Something along the lines that the driver ( don't say who was driving ) doesn't believe the PPC has authority to issue invoices to people parking. You will only provide other arguments via POPLA and that they have 35 days to either cancel the invoice or supply you with a POPLA code.

    Then sit back and wait. If cancelled then job done - if they reject the appeal come back here.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 June 2013 at 7:19PM
    mrkuryakin wrote: »
    Hi,

    I'm new here and after receiving what seems to be a record number of fines this year have decided enough's enough its time to fight back.

    I have just been fined £100 by A S Parking Management and Enforcement Services for overstaying by 20 minutes on a £2 parking ticket which was for 2 hours.

    This was on Padstow town harbour opposite Rick Steins famed restaurant, so if you are holidaying in Padstow park elsewhere.

    It was a basic mistake we, had a bite to eat, my 4 year had diarrhoea afterwards and we were about 25 minutes late getting back to the car.

    I just can't believe that £100 fine, £60 if I pay early is even vaguely fair. Having read the MSE articles, Popla.me.uk etc. I have decided to fight.

    Question is. What's the best tact. Do I send them a mail offering to pay a further £2 and £5 for admin in recognition of their loss. Or do nothing and see what happens? I'm guessing that if I contact them with a fair offer if it goes to court I might be in a better position to argue the toss?

    TIA for any help,

    Mr K.




    As long as this was in England/Wales, then the same advice applies as on lots of threads, such as this one minutes ago:

    https://forums.moneysavingexpert.com/discussion/4662907

    ONLY RESPOND when the registered keeper gets the first postal Notice, is this PCN a postal one? If not then wait for the first letter.

    You have NOT been fined and I do hope you don't mean you have actually PAID fake PCNs before, thinking they are fines?

    Anyway, have a laugh at their cheaply-hosted website because there's plenty of misleading stuff there to include in due course into your POPLA appeal!

    http://www.as-parking.moonfruit.com/

    ''All A S Parking vehicles are clearly livered{sp!}''

    ''Please note, 'A S Parking' is a trading name. Therefore your receipt will be from Athens Security Services Ltd, Company Reg: 06379383'' says their payment page which doesn't even display properly (not that you'd try to pay them of course)!

    and what about their misleading Appeals FAQs page!

    We endeavor{sp!} to respond to all VALID appeals within 35 days.
    Please note, the following are NOT valid grounds for appeal and are beyond the scope of the formal appeals process:

    - Explanations as to WHY the contravention occurred.
    - Requests for mitigating circumstances to be taken into account.
    - You disagree with the terms & conditions of use.

    We give priority to valid appeals; therefore unfortunately a timely response to invalid appeals cannot be guaranteed.''


    Oh yeah, says who, because as AOS members of the BPA they actually HAVE to respond to any appeal!

    Nothing about POPLA on there!

    What does the 'ticket' look like?! Can you scan - or take a photo on close-up - of both sides of it please (cover your details & car details & location & fake PCN number). Host the picture on tinypic or photobucket and then post a broken URL (Newbies can't post working links so put a gap in it after the http). I would love to see their attempt at a compliant Notice!

    Would like to see a picture of their signs as well since they go on about them!


    ''Poor signage leads to continued unauthorised use. This provides a constant revenue stream for the enforcement company; however it does not solve your problem...our goal is to reduce the unauthorised use of your parking faciltiy{sp!}; it is not to profit from ill informed motorists.''


    'Revenue stream' 'profit' LOLOLOLOLOLOL they haven't a clue!!!
    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
  • Umkomaas
    Umkomaas Posts: 43,839 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It was a basic mistake we, had a bite to eat, my 4 year had diarrhoea afterwards and we were about 25 minutes late getting back to the car.

    Sue Rick Stein for the same amount, you won't be out of pocket! :rotfl:

    Sorry, only being facetious, hope the littl'un didn't suffer too much.

    All excellent advice above, and you'll get good support from the forum.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks for the help all. Don't worry, haven't paid and I'm not going to either. I'll see this one out to the County Court if I have to.

    I'll send in the soft appeal from the other thread.

    You'd think that there unprofessional website with "moonfruit.com" would be grounds enough to ignore and win an appeal. I wouldn't put my credit card details in any site that didn't have any kind of valid URL, or most importantly a valid SSL certificate to authenticate who they are!!! This stuff alone must be enough to start a decent fight. This really shouldn't be allowed.

    The BPA must be very slack to let a company join their ranks that has such an unprofessional image. They certainly don't look legit from the website. Members of the public would be very unwise to pay any company without some assurance as to who they were on the web.

    Wonder how POPLA would view that argument that the website looked like they were running an internet scam to steal credit card numbers would go?

    Mr K.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    POPLA appeals need about a dozen points we think (well ours win so we stick to the format we know and the PPCs hate!). But you could certainly add an extra paragraph about an insecure 'payment website' hosted by moonfruit.com looking like it's set up by a Nigerian email scammer. In fact if I were you this weekend, drafting that short challenge, I would be tempted to add a paragraph complaining about their website - just as you have worded it above (always be careful not to imply who was driving, if adding any sentences to the template appeals we provide).
    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
  • Hi All,

    Just thought I'd post an update. In the end I decided not to send any thing to them and see what happened, whether they sent any demands. I haven't heard anything from them and its been 3 months now.

    Thanks for all your help.

    Cheers Phil
  • Umkomaas
    Umkomaas Posts: 43,839 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mrkuryakin wrote: »
    Hi All,

    Just thought I'd post an update. In the end I decided not to send any thing to them and see what happened, whether they sent any demands. I haven't heard anything from them and its been 3 months now.

    Thanks for all your help.

    Cheers Phil

    Ah well, we give advice, we hope people follow it, but ultimately it's your decision.

    So just 5 years and 9 months left to be absolutely sure this has all gone away :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mrkuryakin wrote: »
    Hi All,

    Just thought I'd post an update. In the end I decided not to send any thing to them and see what happened, whether they sent any demands. I haven't heard anything from them and its been 3 months now.

    Thanks for all your help.

    Cheers Phil


    So did they never send any postal letters...yet?

    It wouldn't surprise me if you get a late Notice to Keeper effort from a debt collector like TNC or PCS before Christmas. If so then it's like this case and you would respond and complain:

    https://forums.moneysavingexpert.com/discussion/4765165

    So let us know if you get anything later and be clued up about who to complain to, as per that linked thread and others about a late Notice to Keeper.

    Having said that, I have had a couple of fake PCNs where I never got any letters too. Sometimes they just never write.
    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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