Successful complaints about private parking tickets - how to get them cancelled!

PeterBNotts

Just had a 'goodwill gesture' email from ParkingSpy following a 'soft' appeal.

Basically, followed the 'newbie' instructions from the 'sticky', and modified the template here: <can't post the link as a new user but it was one of the ones from the 'sticky'>into my own words (there is a 3000-character limit on the appeal section), supplying copies of receipt/redacted credit card statement info.

Just wanted to say 'thanks':
(a) for the forum (must take a lot of effort),
and
(b) for the sentiment behind it. I have to admit I almost paid up - just for ease - so thanks for steeling my nerve.
:T

Sistershiptothetitanic

Eureka ! have received an email confirming that POPLA have decided in my favour !

Attached herewith the paragraphs relevant to their decision, which may prove to be of help to anyone else in this situation :

"Reasons for the Assessor’s Determination

The Appellant has made a number of submissions, however, I will only elaborate on the one submission that I am allowing this appeal on, namely that the parking charge amount is punitive and it is not a genuine preestimate of loss.

The Operator rejected the Appellant’s representations because they state that by failing to park in a designated parking area, they breached the terms and conditions of parking. They state that this area is clearly signposted to enter the free term car park and directional signage is in place in this area advising drivers where they can stop and park and road markings are also in place providing direction. They state that there is free parking at the Mid Term car park for up to 30 minutes for the motorists to utilise.
I note the Operator’s submissions in this present case and I appreciate them, nevertheless, the Operator has not sought to justify the amount of parking charge as being a genuine pre-estimate of loss. I have carefully considered the Operator’s submissions and considering everything before me, I do not find that the parking charge represents a genuine pre-estimate of loss suffered.

Accordingly, this appeal must be allowed."

:j yipee !!!!!

I have to admit, that on occasions this situation has given me nights of troubled sleep but I am glad I persevered !

I just hope that APCOA now do as they are supposed and back off ! Time will tell on that one, for as I said in another post, they have already made an 'administrative error' in jumping the gun and refering it to Roxburghe debt collectors before POPLA made their decision - a decision APCOA are supposed to adhere to.

Thanks a million to all those of you who gave input and encouraged me not to cave in and pay these bandits !

The longer this went on the more incensed I have felt about the injustice, so took the opportunity to complain about APCOA to the British Parking Association (of whom they are members) and the DVLA's Chief Executive Oliver Morley (from whom ticketing companies obtain vehicle keeper details). I thought this might help my case, but also hoped that if enough of us do that then APCOA (and companies like them) will behave better.

I have also thought to contact Stephen Hammond MP, the Parliamentary Under–Secretary of State, the Minister responsible for the DVLA. I think ultimately the governing of these quasi-official ticketing companies lies with him and perhaps he should be made aware of the way they overstep the boundaries of legality ?


SO MY ADVICE TO ANYONE IN THE SAME POSITION IS TO HAVE FAITH !!

tranmereforever

Another success here from Travelodge Camberley, we stayed there for 2 nights and were ticketed and despite us proving we were staying there at the time they still rejected it and tried to threaten we had to pay them £100

Obviously we were furious and contacted the CEO of Travelodge who I have to say were excellent and tried to get it cancelled themselves before eventually contacting the landlord of the site that owns the carpark

Here is the interesting part, the landlord confirmed to us that Civil Enforcement LTD were there without his or Travelodges permission. He gave me his details to confirm they did not have permission and it was dropped. He has personally thanked us for bringing it to his attention

Just shows the underhand tactics some of these companies will resort to

Coupon-mad

So now report CEL to the BPA and DVLA for operating on a site without permission, also to the local Trading Standards office as this seems to be possible fraud. BPA and DVLA email addies are in the 'NEWBIES read this first' sticky thread.

bod1467

Sistershiptothetitanic wrote: »

Eureka ! have received an email confirming that POPLA have decided in my favour !

Wrong thread, but well done.

John_P_Duncan

This is just 'Scare Tactics' that these thieving gits use.
Take away the fear and they haven't got any ammo to use on you.
Play their game at their expense.
Write all letters to the CEO and mark your envelope 'Private & Confidential'.
I wrote to ParkingEye CEO again today and this is just a section of that letter,
QUOTE:
Sending me another demand for money before even the 12th Feb has lapsed I would suggest, amounts to harassment for money.
All correspondence has and will be recorded for possible future use in a court of law.
I note that you are only acting as a management company and therefore request information as to who actually owns the car park in question.
I may then contact the owner/s to enquire if they have consented to your methods of harassment.
This is also to ascertain exactly how much money, Parkingeye are being paid for doing so, in order to justify the actual charge claimed.
I will be seeking evidence of the actual loss of any revenue that you are claiming.

I always start any letters with the following...

This is NOT a complaint, a query or a request for a statement/agreement, and is NOT to be treated as one. By doing so, you will agree to pay £5,000.00 in damages.
This is NOT a desire or request to contract. By treating this correspondence as such, you will agree to pay £5,000.00 in damages.
Do not refer to me as Mr/Mrs/Ms or any title, which is a legal fiction and is not me. By doing so, you will also agree to pay £5,000.00 in damages.

In other words, you are putting the boot on the other foot.

Computersaysno

'...a legal fiction....'


Looks like there's a freeman of the land on the loose!!!!!!


Please keep this nonsense where it belongs [on youtube]

4consumerrights

Cash Mad's soft appeal to Euro was apparently successful - although the OP did not receive the confirmation until a follow up email sent:D

https://forums.moneysavingexpert.com/discussion/4849520

forgotmyname

John P Duncan have you been on youtube being dragged from your vehicle because your not driving your travelling?

wems

Hi, I'm not really a noob - I forgot my old log in details so I had to re-register

I received a PCN last week, I'm the registered keeper but wasn't the driver on the day of the 'offence'. I wrote to CE with the template letter in the noob thread and today I received a letter addressed from Liverpool but postmarked NW9 stating they have cancelled the notice.

Thankyou so much for everyone's advice in the threads, I was expecting a battle but I can't believe how easy that was!