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

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  • Umkomaas
    Umkomaas Posts: 41,426 Forumite
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    I'm afraid that parking firms will continue to thrive while this skewed burning sense of entitlement continues. And if the option for three levels of charges is adopted in the roll-out of the new Code of Practice, it will be £120+ for incorrectly parking in a disabled bay!
    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: 132,242 Forumite
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    Just had a PCN with CP Plus cancelled on first email appeal, it was from the MOTO Toddington North site for a 30 min overstay. I read the threads about appeals and figured the first email would be rejected regardless. I just stated that the template they've used shows what a sign looks like but at 4am the sign was inpossible to see as was the driver of the vehicle on the entry photo they provided. I asked for proof that there was a sign at the site, the response I received was that the charge had been cancelled. Another win for the stats!!
    Brilliant! Thanks for the update, and:

    PLEASE CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:
    CALLING ALL NEWBIES!  

    An urgent task – deadline approaching in a week or so:

    Please now make a real difference because not enough people have yet, and time is running out.  

    The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 
    Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents). 

    HOW TO DO THE SUBMISSIONS:
    BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:
    1. You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

    2. Register, log into the BSI page, and download & read the cover letter here:

    3. Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 
     
    4. Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page.  

    You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

    5. Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

    THAT IS HALF THE JOB DONE!
    THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS.  

    6. You can do it first if preferred or pushed for time:
    If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.


    THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

    Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

    Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

     

    Q1.1 Please explain your answer

    (free text)

     

     

    Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

    (free text)

     

    Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

    (free text)

     

    Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

    (free text)

     

    Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

    (free text)

     

    Q6 Which parking charge system is most appropriate for private parking?

     a) the Three-tiered system

     b) Mirroring the Local Authority system

    (free text)

     

     Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

    (free text)

     

     

    Q7 What level of discount is appropriate:

    40% as is currently offered in private parking and suggested in the three-tiered system, or

    50% as is offered in Local Authority parking?

    a) 40%

    b) 50%

     

    Q7.1 Please explain your answer, including whether the discount should be set at a different level

    (free text)

     

     

     Q8 How should the level of parking charges be set and how should the levels be revised in future?

    (free text)

     

     

    Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

    Agree/Disagree

     

    Q9.1 Please explain your answer

    (free text)

     

     

    Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

     

    Q10.1 Please explain your answer.

    You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

    (free text)

     

    Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

    Agree/Disagree

     

    Q11.1 Please explain your answer.

    (free text)

     

    YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

    Don’t forget that answering these questions is the easier bit…

    Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 132,242 Forumite
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    Easy with Highview - beatable by landowner complaint or by registered keeper appeal, pointing out that they have not used the POFA wording in their NTK so the keeper can't be liable.  The easiest ones!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • pustit
    pustit Posts: 238 Forumite
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    I wouldn't be surprised if the PCCs are being lenient at the moment so when the Gov't review calls upon them for examples of their work practices they will be able to produce a disproportionate number of cases showing how wonderful they are.
  • Coupon-mad
    Coupon-mad Posts: 132,242 Forumite
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    pustit said:
    I wouldn't be surprised if the PCCs are being lenient at the moment so when the Gov't review calls upon them for examples of their work practices they will be able to produce a disproportionate number of cases showing how wonderful they are.
    That won't save them and it's too late for them to give examples of work practices. 

    We must trust that the Steering and Review Groups appointed by the MHCLG and BSI will not have the wool pulled over their eyes.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Were_Doomed
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    pustit said:
    I wouldn't be surprised if the PCCs are being lenient at the moment so when the Gov't review calls upon them for examples of their work practices they will be able to produce a disproportionate number of cases showing how wonderful they are.
    That won't save them and it's too late for them to give examples of work practices. 

    We must trust that the Steering and Review Groups appointed by the MHCLG and BSI will not have the wool pulled over their eyes ... again.
    Fixed that for you. ;)

    The Gov were certainly hoodwinked in relation to POFA Schedule 4 and the impact on courts. 🙄
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