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How to appeal parking ticket

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  • Danny30
    Danny30 Posts: 499 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    oh dear, your both going to be on holiday, i,m not going to have a clue what to write :-)
  • Danny30
    Danny30 Posts: 499 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 24 July 2013 at 8:59PM
    I have parked there about 8 times and this is the first time I have received a ticket. How do they know that I was not a customer? surely I could have walked in to look at their products for 5 mins, would that technically not make me a customer.

    Also does anyone know of a template letter for this trespass scenario otherwise I am not going to have a clue how to pursue this when the time comes, or can I just use the template letter with the landowner rights issue, unfair charges etc.

    Finally can you only raise points with popla that have been discussed on the original appeal letter or can you bring up different arguments?

    Danny
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Danny30 wrote: »
    I have parked there about 8 times and this is the first time I have received a ticket. How do they know that I was not a customer? surely I could have walked in to look at their products for 5 mins, would that technically not make me a customer.
    Danny

    I don't know, Danny. Why don't you ask Boots how the whole thing works? Do they key in your reg number? That would come in handy for the POPLA defence.

    In the meantime, calm down, There are lots of helpful, informed people on her who will be here at the time.
  • Coupon-mad
    Coupon-mad Posts: 151,711 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Danny30 wrote: »
    I have parked there about 8 times and this is the first time I have received a ticket. How do they know that I was not a customer? surely I could have walked in to look at their products for 5 mins, would that technically not make me a customer.

    Also does anyone know of a template letter for this trespass scenario otherwise I am not going to have a clue how to pursue this when the time comes, or can I just use the template letter with the landowner rights issue, unfair charges etc.

    Finally can you only raise points with popla that have been discussed on the original appeal letter or can you bring up different arguments?

    Danny


    Calm down! Even if you sent your challenge next week and they replied immediately you'd still have until mid-August to take it to POPLA. Many of us are here then, I'm away shortly for a fortnight that's all.

    And to be fair all you need to do is search the forum for POPLA examples on threads, which you can be doing now.
    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
  • Danny30
    Danny30 Posts: 499 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    My wife is now saying that I have to bring up every point in the first letter to parking eye that I would bring up with Popla otherwise popla won,t accept those arguments?
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Danny30 wrote: »
    My wife is now saying that I have to bring up every point in the first letter to parking eye that I would bring up with Popla otherwise popla won,t accept those arguments?

    Your wife is wrong. Your letter to ParkingEye need bear no relation whatsoever to what you later submit to PoPLA, although obviously it wouldn't be a good idea to contradict yourself.
    Je suis Charlie.
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 25 July 2013 at 11:39AM
    There is no detriment to using all the relevant arguments in your very first challenge as long as you prepare it with the same care as a POPLA appeal. My advice now is that people don't just offer a 'soft' appeal but a 'proper' full featured one including all the relevant points (no contract with landowner, PPC has no right to issue parking charges, charge is a penalty not a genuine pre-estimate of loss etc). It would certainly stop those PPCs who insist that you appeal only on points that they approve of & that "the charge is an unenforceable penalty" is not sufficient.

    The downside to providing a full appeal at first contact is that it's more work but you are going to have to do the full fat POPLA appeal at some time anyway so why not start as you mean to carry on. It can be further refined for POPLA but the main points can be detailed. With any luck when the PPC sees a proper challenge & that they are going to be on a hiding to nothing at POPLA they will fold & cancel the charge.
  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Danny30 wrote: »
    My wife is now saying that I have to bring up every point in the first letter to parking eye that I would bring up with Popla otherwise popla won,t accept those arguments?

    Where did your wife get that information?
    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: 151,711 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Danny30 wrote: »
    My wife is now saying that I have to bring up every point in the first letter to parking eye that I would bring up with Popla otherwise popla won,t accept those arguments?


    LOL!

    Show your wife Parking Prankster's famous, hilarious first appeal points!

    http://parking-prankster.blogspot.co.uk/2013/07/elvis-walks-free-map-department-fails.html

    http://parking-prankster.blogspot.co.uk/2013/05/highview-parking-spurred-into-immediate.html

    http://parking-prankster.blogspot.co.uk/2013/06/highview-parking-send-in-map-of-wrong.html


    And he then won at POPLA with a proper appeal! Not saying that yours should be jokey but making the clear point that your wife is mistaken.
    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
  • Danny30
    Danny30 Posts: 499 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    nigelbb wrote: »
    There is no detriment to using all the relevant arguments in your very first challenge as long as you prepare it with the same care as a POPLA appeal. My advice now is that people don't just offer a 'soft' appeal but a 'proper' full featured one including all the relevant points (no contract with landowner, PPC has no right to issue parking charges, charge is a penalty not a genuine pre-estimate of loss etc). It would certainly stop those PPCs who insist that you appeal only on points that they approve of & that "the charge is an unenforceable penalty" is not sufficient.

    The downside to providing a full appeal at first contact is that it's more work but you are going to have to do the full fat POPLA appeal at some time anyway so why not start as you mean to carry on. It can be further refined for POPLA but the main points can be detailed. With any luck when the PPC sees a proper challenge & that they are going to be on a hiding to nothing at POPLA they will fold & cancel the charge.


    Thanks you all for the clarification, also could I not send the same appeal letter to both parkingeye and popla?
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