Parking ticket adam street car park cardiff

brynglas

Hi , apologies if i am not doing this correctly (im sure someone will kindly point me in correct direction), On saturday 26th september my son parked in the above car park for 4 hours and bought a pay and display ticket, on returning to his car a parking charge notice was on his windscreen. He wasnt amused and took this off and brought it home. I sent an e-mail to the compnay vnci park explaiing that there was clearly a mistake on their part attaching a copy of the pcn and the valid parking ticket which he had purchased. Then then sent a reply and photos attached stating the breach code 01 :- failure to display a valid stick still applied and that we had to complete a popla form to appeal this. I thought this rather awkward of them but on looking at the photos we can see that the ticket is clearly displayed on the dashboard of the car but unfortunately upside down. we do not know if this was his error or if it has somehow flipped over when he shut the car door. I have tried to reason with vinci via e-mail but they will not budge. this is where i think i have gone wrong, being complete novice at this and thinking everyone can see its a genuine mistake i have completed the popla form for him as he works away. i wish now i had looked here first. as i just basicly repeated the same on the popla form as what i emailed vinci. i have had reply to day stating the appeal will be considered on 7th december or soon after. but i can forward any other evidence before this date. Is there anyone who can kindly advise me what i can do to try to get this ticket overturned. thanking you in advance.

gayleanne

Sorry wrong info

Stroma

Ignore the above advice as it's outdated!

You have appealed to popla on mitigation, you will fail on this! You need to add to this quickly which you can do, so look to add that their ticket does not reflect their loss, and put them to strict proof of their ore estimate of loss. That they don't hold a contract to issue tickets, and you want them to provide proof.

Look on the forum for this in the popla decisions thread

Guys_Dad

You need to add to your POPLA appeal by writing in, quoting your POPLA reference number and saying that you wish to add the following

"The amount claimed by Vinci is liquidated damages and, as such, the Operator may only charge a genuine pre-estimate of loss that arise from the alleged contravention.

The Operator has included a basket of costs, including the cost of erecting site signage and the cost of membership of the Driver and Vehicle Licensing Authority, wages and uniforms which are Operational costs of running the business.

The entirety of the parking charge must be a genuine pre-estimate of loss in order to be enforceable. However, some of the costs referred to do not represent a loss resulting from the alleged breach.

For example, were no breach to have occurred, then the cost of parking enforcement, such as erecting signage, would still have been the same.

I contend, therefore, that you should allow the appeal on this ground."

You should send that, with a certificate of posting, and ask POPLA to include it and acknowledge. You need not add anything else. This on its own will win. Trust me !

Incidentally, this is 90% of the wording that an adjudicator on page #15 of the POPLA Decisions used when upholding a successful appeal.

brynglas

Hi Stroma, are you saying if i a put a letter together stating that the ticket £100/£50 does not reflect their loss and ask them to provide proof that they have a contract to issue tickets? they say they are acting on behalf of Land Securities an the pcn. sorry as you can see very naive to this

Stroma

If you look at Guys post above he has put the correct wording for this. Use that and add some other points you find. Put it here and we will make sure you have covered everything.

You will win this if you act promptly and add everything to the popla appeal

brynglas

thank you Guys Dad and Stroma will put something together and then ask for your opinion before i send it very much appreciated.

Coupon-mad

brynglas wrote: »

Hi Stroma, are you saying if i a put a letter together stating that the ticket £100/£50 does not reflect their loss and ask them to provide proof that they have a contract to issue tickets? they say they are acting on behalf of Land Securities an the pcn. sorry as you can see very naive to this

You absolutely MUST email or post to POPLA the suggested additional appeal information for your POPLA appeal immediately.

You will DEFINITELY lose at POPLA with the version you have told us you supplied so far as they don't allow mitigation. You must add to it!

brynglas

Hi Guys dad and Stroma, do you think this is sufficient?

PARKING ON PRIVATE LAND APPEALS
PO Box 70748 London EC1P 1SN

Dear Sirs
Re:- POPLA Appeals Submission - Code: xxxxxxxxxxx
Verification Code: xxxxxxxxxxxxxxx

Thank you for acknowledging the appeal for the above verification code, I would however like to add the following to my appeal:

With regards the request for payment of either £50 or £100 for breach code 01 - parking without displaying a valid payment. The amount claimed by Vinci is liquidated damages and, as such, the Operator may only charge a genuine pre-estimate of loss that arise from the alleged contravention.

The Operator has included a basket of costs, including the cost of erecting site signage and the cost of membership of the Driver and Vehicle Licensing Authority, wages and uniforms which are Operational costs of running the business.

The entirety of the parking charge must be a genuine pre-estimate of loss in order to be enforceable. However, some of the costs referred to do not represent a loss resulting from the alleged breach.

For example, were no breach to have occurred, then the cost of parking enforcement, such as erecting signage, would still have been the same.

I contend, therefore, that you should allow the appeal on this ground.

I would be obliged if you could kindly acknowledge receipt of this further appeal information.

Regards

xxxxxxxxxxxxxx

Guys_Dad

brynglas wrote: »

Hi Guys dad and Stroma, do you think this is sufficient?

PARKING ON PRIVATE LAND APPEALS
PO Box 70748 London EC1P 1SN

Dear Sirs
Re:- POPLA Appeals Submission - Code: xxxxxxxxxxx
Verification Code: xxxxxxxxxxxxxxx

Thank you for acknowledging the appeal for the above verification code, I would however like to add the following to my appeal:

With regards the request for payment of either £50 or £100 for breach code 01 - parking without displaying a valid payment. The amount claimed by Vinci is liquidated damages and, as such, the Operator may only charge a genuine pre-estimate of loss that arise from the alleged contravention.

The Operator has included a basket of costs, including the cost of erecting site signage and the cost of membership of the Driver and Vehicle Licensing Authority, wages and uniforms which are Operational costs of running the business.

The entirety of the parking charge must be a genuine pre-estimate of loss in order to be enforceable. However, some of the costs referred to do not represent a loss resulting from the alleged breach.

For example, were no breach to have occurred, then the cost of parking enforcement, such as erecting signage, would still have been the same.

I contend, therefore, that you should allow the appeal on this ground.

I would be obliged if you could kindly acknowledge receipt of this further appeal information.

Regards

xxxxxxxxxxxxxx

Just take out the bit in red. You have lost that by POPLA stage.

If you are lucky, you might get the adjudicator who wrote the original !

Stroma

Add this as well

CONTRACT WITH LANDOWNER - NOT COMPLIANT WITH THE BPA CODE OF PRACTICE AND NO STATUS TO OFFER PARKING OR ENFORCE TICKETS
Vinci do not own this car park and are acting merely as agents. Vinci has not provided me with any evidence that it is lawfully entitled to offer parking spaces, allege breach of contract or enforce parking charges (as evidenced in the Higher Court findings in VCS v HMRC 2012). UKPC has no proprietary interest or assignment of title of the land in question.

I require Vinci to provide a full copy of the contemporaneous, signed & dated contract with the landowner (not just a signed slip of paper from someone) because even if one exists, I say it does not specifically enable Vinci to pursue parking charges in the courts. This would not be compliant with the requirements set out in the BPA Code of Practice.

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