Popla appeal rejected!

Lucyanne_2

I’ve spent hours trying to research appealing private parking tickets, I’m not very computer literate and it’s taking up so much time, which is also stressing me! Please be patient with me as I've never done this before but felt I badly need advice!

I’m not sure how much to write to you. I am a 55 year old woman who is a law abiding citizen and unfortunately got a parking ticket in our local Asda 4 months ago.

I returned to my car and saw a parking notice attached to my windscreen, issued by Town and City Parking, also trade as Smart Parking. It said -‘ Contravention’ – Obstructive Parking. I had parked over the white lines. In my letter of appeal I explained that I park like that every time I visit Asda, at least 3 – 4 times a week. I not only shop there but also meet clients I work with in their coffee shop. On one occasion I even had banter with the carpark attendant saying I struggle to get out of my car and feel old and decrepid!

I also explained the reason I park like that its due to a nasty car accident and still have ongoing health issues due to my injuries. I have to have the car door open wide to enable me to get out. I don’t feel disabled enough to apply for a blue badge, I never abuse the disabled parking bays and I do not want to damage other peoples’ vehicles that may park or are parked next to me. I suggested that they initially could have sent me a polite notice and warned that if it happens again I will be issued with a ticket!
In the reply to my letter I was informed that they were upholding the PCN and I could appeal to POPLA, which I did. This was a lengthy process. I enclosed evidence from my solicitor to say that my injuries were ongoing re car accident in 2009. This was rejected, they did not accept the reasons I gave for mitigating circumstances and stated that I have to pay the full parking charge of £70. I ignored this letter.
This week I have received a letter from Debt Recovery Plus Ltd. They say,’ This is a Demand of an unpaid parking charge of £120.00.’ I have had no verbal or written correspondence from anyone to inform me of how the charge has gone from £70 to £120! They say if I do not pay the creditors solicitor will take court action to recover what I owe.
Whilst doing research I came across your article, which
I thought, ‘ this could be my last hope for advice!'

kirkbyinfurnesslad_2

First of all start you own thread
Secondly change that stupid font to something normal
thirdly ignore them

Coupon-mad

kirkbyinfurnesslad wrote: »

First of all start your own thread
Secondly change that stupid font to something normal
thirdly ignore them

This, with bells on!

Ignore them, do not pay. If they try a small claim for goodness' sake do a proper defence not mitigation! You could have won at POPLA if you'd asked for our help.

Lucyanne_2

kirkbyinfurnesslad wrote: »

First of all start you own thread
Secondly change that stupid font to something normal
thirdly ignore them

May be you didn't read the first part of what I had wrote!
I do not have a clue how to change the font, however it is readable.
I thought it says to go easy on Newbies and be nice, clearly this isn't the case. I now don't feel I have the confidence to continue on here.

Coupon-mad

Lucyanne wrote: »

May be you didn't read the first part of what I had wrote!
I do not have a clue how to change the font, however it is readable.
I thought it says to go easy on Newbies and be nice, clearly this isn't the case. I now don't feel I have the confidence to continue on here.

Maybe you didn't read my signature under all my posts, which tells newbies where to click to get to the current forum (and off this random thread)?

One click and you are looking at the current threads on the forum, with a 'new thread' button at the top. Bear with us please but the point is you are in the wrong place. You can soon find your way around and your font should be standard, automatically, in any post as long as you don't change it or bring in some wording from a pre-typed document.

Lucyanne_2

Coupon-mad wrote: »

This, with bells on!

Ignore them, do not pay. If they try a small claim for goodness' sake do a proper defence not mitigation! You could have won at POPLA if you'd asked for our help.

Thanks, if only I had researched and found this site before!

Guys_Dad

Lucyanne wrote: »

Thanks, if only I had researched and found this site before!

Indeed.

But now that you have, remember a couple of things. People here are on your side, even if they get shirty sometimes. And with help, if it ever got to court, you can get lots of help.

In the meantime, and just in case things get to a further stage, ignore letters but only till you get some papers from Northampton court. Have a read of the sticky thread POPLA APPEALS at the top of this forum to see the sort of arguments you should have used to win an POPLA and you will need if you have to go to court.

Lastly, give up parking straddling 2 lanes. You will get ticketed again and again if you do, it deprives others of the ability to park in the 2nd space you have encroached on and there are always some spaces that can be found where you can park to one side of the space giving you enough room to get out. Alternatively, shop somewhere else with bigger parking spaces.

Crabman

Welcome to MSE, Lucyanne :hello:

I've moved the posts out of the POPLA Feedback Thread and into a new thread for you

Dave_TH

Lucyanne wrote: »

I’ve spent hours trying to research appealing private parking tickets, I’m not very computer literate and it’s taking up so much time, which is also stressing me! Please be patient with me as I've never done this before but felt I badly need advice!

I’m not sure how much to write to you. I am a 55 year old woman who is a law abiding citizen and unfortunately got a parking ticket in our local Asda 4 months ago.

I returned to my car and saw a parking notice attached to my windscreen, issued by Town and City Parking, also trade as Smart Parking. It said -‘ Contravention’ – Obstructive Parking. I had parked over the white lines. In my letter of appeal I explained that I park like that every time I visit Asda, at least 3 – 4 times a week. I not only shop there but also meet clients I work with in their coffee shop. On one occasion I even had banter with the carpark attendant saying I struggle to get out of my car and feel old and decrepid!

I also explained the reason I park like that its due to a nasty car accident and still have ongoing health issues due to my injuries. I have to have the car door open wide to enable me to get out. I don’t feel disabled enough to apply for a blue badge, I never abuse the disabled parking bays and I do not want to damage other peoples’ vehicles that may park or are parked next to me. I suggested that they initially could have sent me a polite notice and warned that if it happens again I will be issued with a ticket!
In the reply to my letter I was informed that they were upholding the PCN and I could appeal to POPLA, which I did. This was a lengthy process. I enclosed evidence from my solicitor to say that my injuries were ongoing re car accident in 2009. This was rejected, they did not accept the reasons I gave for mitigating circumstances and stated that I have to pay the full parking charge of £70. I ignored this letter.
This week I have received a letter from Debt Recovery Plus Ltd. They say,’ This is a Demand of an unpaid parking charge of £120.00.’ I have had no verbal or written correspondence from anyone to inform me of how the charge has gone from £70 to £120! They say if I do not pay the creditors solicitor will take court action to recover what I owe.
Whilst doing research I came across your article, which
I thought, ‘ this could be my last hope for advice!'

the creditors solicitor will not take you to court, bet £10 they have even failed to identify them. hope you have held on to the letter chain.

If worried PM me I should be able to help.

bazster

If I were you I would write to Asda (not the parking company scum, and certainly not the even scummier debt collectors) making the following points, and head it "LETTER BEFORE ACTION":

- You are disabled within the meaning of the Equality Act 2010, and you don't need a Blue Badge to prove this (enclose a copy of your solicitor's letter)

- The Equality Act 2010 requires Asda to make reasonable adjustments for anyone (i.e. you) who is disabled within the meaning of the Act

- Despite this Asda denies you the use of the spaces provided for disabled customers, because you don't have a Blue Badge; this denial is in itself a breach of the Equality Act 2010

- You have nevertheless respected their (illegal) rules and refrained from using the spaces provided for disabled customers; however, your disability necessitates you using two "ordinary" spaces so that you can get out of and into your car

- Asda, through its agent Smart Parking, is not only now trying to deny you the use of two spaces, as necessitated by your disability, but is also subjecting you to threats and harassment for doing so; these acts constitute further breaches of the Equality Act 2010

- You now require the following from Asda:

1. An apology for the distress caused by their breaches of the Equality Act 2010

2. Their assurance that the breaches will cease forthwith and that in future you will be permitted to use the spaces provided for disabled customers, or alternatively park in such a way as to make allowance for your disability

3. Their assurance that you will hear nothing further from their agents Smart Parking or their debt collectors

4. £500 in compensation for the inconvenience and injury to your feelings caused by Asda's breaches of the Equality Act 2010.

Finally, if you don't receive satisfaction within 14 days of the date of your letter, you will bring an action against them for the sum in compensation mentioned above.


Send it here:

ASDA STORES LTD.
ASDA HOUSE
SOUTH BANK
GREAT WILSON STREET
LEEDS
LS11 5AD

Get a proof of posting, or send it recorded if you can be bothered to pay for it.

That should set the cat among the pigeons and get them off your back!

Parking-Prankster

Hi Lucyanne,

Smart Parking won't take you to court. To do that they would need a contract from Asda which they don't have; four months ago all their contracts (if they even existed) were in the name Town and City parking Ltd.

I have written 3 times to Asda asking to confirm if a contract existed with Smart Parking and each time they have answered a different question to the one I asked. Make your own conclusions!

Interestingly, the person who I am corresponding with at Asda is called Rachel. I'm wondering whether it is compulsory in the parking world to always employ at least one 'Rachel'.

Asda do have a policy to help people with parking problems. Some of their more recent signs make this clear, and ask you to go into the store and talk to the manager...so go and talk to the manager at your local store. The equalities act 2010 means he has to consider your problem. He can for instance, take your registration number and give you permission to park in disabled bays, parent and toddler bays or permission to park in 2 spaces. Once you have that in writing, then ask him to make that retrospective and get your ticket cancelled. They can do that too - they don't want an 'Aldi' incident!