Parking fine through post but no ticket?

The_Slithy_Tove

richrips wrote: »

What should be my course of action given the contents of the letter?

Appeals are mentioned, so time to appeal! There are quite a few ground beyond the POPLA-winning ones of no rights to offer contracts, no demonstration that the charge is liquidated losses (due to breach of contract), etc, etc (lots of info available). For example
* Notice is not POFA compliant in several ways, despite them claiming it is
* Contravention of BPA code of practice regarding grace periods
* There was no Notice to Driver, thus making this Notice to Keeper out of time. If the claim there was an NtD, you require evidence that it was served, e.g. photo.
As they will reject your initial appeal, there's no need to use all this info at this point. Just make it short and sweet, simply rejecting their notice as it's not POFA conformant, and they must either cancel it of send a POPLA code. DO NOT admit to being the driver (keep it in the 3rd person).

Then use these and other points at POPLA.

Coupon-mad

Do as advised (except I would not call this 'formal demand' a Notice to Keeper because it clearly is NOT) but when you get your POPLA code do come back as your appeal for that stage will be much more detailed.

Here's an example of the sort of soft challenge to send the scammers now, post #26:

http://forums.pepipoo.com/index.php?showtopic=80125&st=20&start=20

and for your reading ahead in readiness, here's some info and links about a POPLA appeal:

https://forums.moneysavingexpert.com/discussion/comment/61968045#Comment_61968045

and here's one I wrote yesterday for someone with 'no ticket' (post #2):

https://forums.moneysavingexpert.com/discussion/4695227

That one is full of legal information to make sure POPLA might be swayed by it and not by any rubbish 'evidence' the scammers show.



P.S. Wow! NEVER pay parking tickets without appealing them (unless they are fixed penalties from the Police)! Even if you get a Council ticket and even if it seems you are 'bang to rights' you should always always appeal IMHO. You are likely to win in the end, with forum advice on any PCN.

richrips

Hi All,

Thanks for such a wealth of knowledge. I have already responded to A S Parking using their online form prior to posting on here. I demanded proof that they had issued a PCN and said i would certainly not be paying without proof. I don't think I spoke about myself being the driver at any point so I shall await their response and let you know what they say. I look forward to following your directions on dealing with POPLA shortly.

Many thanks,
Rich

Coupon-mad

You wont be paying at all, even if they send you a photo of twenty fake PCNs splattered over your car windscreen!

We will help you to be very likely to win at POPLA.

richrips

Hi All,

Thanks to anyone still sticking with me on this. Great help so far. Was actually quite excited to receive a reply from the parking company to my initial message where I simply said I never received the ticket and have no evidence that the offence occured. Here is their reply. Again you will need to add http:// to the beginning:

i1177.photobucket.com/albums/x348/richrips/Parking2front.jpg

i1177.photobucket.com/albums/x348/richrips/Parking2back.jpg

Where do I go from here, or should I just ignore them now?

Many thanks,

Rich

Umkomaas

richrips wrote: »

Hi All,

Thanks to anyone still sticking with me on this. Great help so far. Was actually quite excited to receive a reply from the parking company to my initial message where I simply said I never received the ticket and have no evidence that the offence occured. Here is their reply. Again you will need to add http:// to the beginning:

i1177.photobucket.com/albums/x348/richrips/Parking2front.jpg

i1177.photobucket.com/albums/x348/richrips/Parking2back.jpg

Where do I go from here, or should I just ignore them now?

Many thanks,

Rich

No, don't ignore. Get that POPLA code from them. Write back stating, as they are admitting there is no categoric evidence that the [STRIKE]parking chimp[/STRIKE] issuing officer handed a ticket to the driver (don't go saying 'handed to me) only some apparent 'notes' then you will want POPLA to decide who's right, who's wrong.

Get the POPLA code and there'll be forum help to put together a potentially winning appeal. There'll be far more in that than was a ticket handed out or not!

While waiting for the code it is imperative you get down to some serious homework on putting together POPLA appeals as you're going to have to do a good bit of legwork on this. The forum will help you fine tune it, but unfortunately the resources aren't here to do it for you.

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.

Coupon-mad

So far they have failed to follow the BPA Code of Practice.

I would send a very strong letter like this person did on pepipoo when UKCPS didn't send him a POPLA code:

http://forums.pepipoo.com/index.php?showtopic=79697&st=0

Post #11 (only parts of which would apply in your case so edit/delete and adapt it carefully!). You can also add that not only have they failed to send a POPLA code but their first letter was not-compliant because it wasn't headed up 'Notice to Keeper' as it is required to be (there is no 'Formal Demand' allowed at this stage). If they are attempting to rely on the possibility of keeper liability under the Protection of Freedoms Act 2012 then they are failing miserably so far and a 'demand' is harassment and worthy of official complaints.

A strong letter worked like a dream in that linked case; the PPC couldn't throw in the towel quick enough!

Basic requirements for keeper liability explained here, spot the difference with what you received and when:

http://www.parkingcowboys.co.uk/keeper-liability/

Once you have sent your letter, do some reading of ANY current threads on the first few pages of the parking forum and gen up on POPLA appeal wording in readiness. You should also read the BPA Code of Practice (linked on the British Parking Association's website) as you will find the PPC have also failed as regards 'grace period' and 'signage' sections (I expect) plus likely others. All of which will be in your POPLA appeal ion the end.

You could also try an immediate complaint to the Shopping Centre, showing your friend's receipt if he/she still has it, or a copy of other proof of purchases. Complain about the harassment of a customer by their parking agent and speak to the Store Manager (no-one else). See all these successes recently where people did just that when a PPC wasn't playing fair:

https://forums.moneysavingexpert.com/discussion/comment/62837690#Comment_62837690

If it's a multi-store retail park just Google it to find out who runs/owns it, and complain to them instead (as they will have taken on these scammers).


HTH