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CE Parking Charge Notice even when ticket was bought

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  • RaeR
    RaeR Posts: 72 Forumite
    Thank You Coupon-mad :)
  • RaeR
    RaeR Posts: 72 Forumite
    UPDATE: i have now received a reply
    We refer to your recent correspondance.

    Signs in the above car park clearly aadvise payment for parking must be made within 10 minutes of arrival and on this occasion you failed to do so.
    We regret that the Enforcement Notice remains valid as the ticket was correctly issued in accordance with the terms and conditions stated
    it then goes onto POPLA and gives me a code etc however 2 things are wrong about the 10 minute thing 1)the signs in the car park state that you get 45 mins free and 2)it wasnt humanly possible to get a ticket within 10 mins (even if that was the stated rules) as the queue was around 30 mins long (hubby was around 15 mins before he got to the machine)

    What is the next step? Im currently fighting the urge to send a letter statin that theyre lying and telling them why and that it wasnt possible.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    edited 28 October 2013 at 11:46AM
    No point in adding anything else to hope they will cancel.

    POPLA here we come.

    Have a look at post #70 here and adapt it . https://forums.moneysavingexpert.com/discussion/4717353

    Post up your draft for comment.
  • RaeR
    RaeR Posts: 72 Forumite
    Thank you, i will do. I wasnt going to post hoping they wold cancel just basically to tell them what i think of them, lol
  • Umkomaas
    Umkomaas Posts: 43,375 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    RaeR wrote: »
    UPDATE: i have now received a reply
    it then goes onto POPLA and gives me a code etc however 2 things are wrong about the 10 minute thing 1)the signs in the car park state that you get 45 mins free and 2)it wasnt humanly possible to get a ticket within 10 mins (even if that was the stated rules) as the queue was around 30 mins long (hubby was around 15 mins before he got to the machine)

    What is the next step? Im currently fighting the urge to send a letter statin that theyre lying and telling them why and that it wasnt possible.

    Don't bother writing to them, waste of time, energy and breath. Save it for your POPLA appeal where revenge will be sweeter as not only do you cost them a £27 POPLA fee, but you also put them to a stack of work to prepare their papers for the appeal.

    Now it's time to do some reading in preparation for drafting your appeal. You have 28 days from the date on your rejection letter from the PPC. However before doing that you do need to check that your POPLA code is valid (some PPCs have been issuing dodgy codes). Here's how to do it.

    http://parking-prankster.blogspot.co.uk/2013/07/what-does-my-popla-code-mean.html

    After this start your research by reading latest posts on POPLA appeals and successes here (past couple of months' posts)

    https://forums.moneysavingexpert.com/discussion/4488337
    http://forums.pepipoo.com/index.php?act=SF&s=&f=17

    Key appeal points to bear in mind while reading (these are the winners at the moment) are:

    1. Genuine Pre-Estimate of Losses (GPEOL - forum shorthand)
    2. Proprietary Interest in the land and contract with landowner
    3. Signage

    Don't take your eye off the 28 day deadline, miss it and you miss a golden opportunity to kill this off.

    Post your draft appeal up here when it's near completion and we'll provide more advice. Don't go it alone to POPLA, most who have tried have failed. Remember that POPLA are NOT interested in your story, or how your husband had to queue for 30 minutes for the ticket machine, they decide only on points of law and technicality.

    Don't worry about these, all is revealed in the reading above, and you are encouraged to copy and paste from previous cases, providing the points relate to your circumstances, you have some idea about what you are pasting and you use some of your own words so as not to make it look as though you've just done some pick n' mix from random internet threads.

    HTH
    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
  • martmonk
    martmonk Posts: 863 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I may have missed as I skim read this but I see no mention of where this was - retail park, hospital, supermarket etc?

    Your case seems to me to be a pretty easy one for a reasonable landowner to have cancelled straight away. I'd be complaining there first in parallel with the above, in person if it's possible.
  • RaeR
    RaeR Posts: 72 Forumite
    Sorry it was at CO-OP in Whitby
  • Umkomaas
    Umkomaas Posts: 43,375 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    RaeR wrote: »
    Sorry it was at CO-OP in Whitby

    There have been some successful complaints to the Co-oP resulting in charge cancellations. Use the excellent site Search function - top right of forum and see what it delivers.

    But you do need to crack on with POPLA in parallel.
    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
  • martmonk
    martmonk Posts: 863 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 28 October 2013 at 12:57PM
    see this from the Sticky at the top of the forum first page

    Co-operative Food - (usually to complain about a Civil Enforcement fake PCN) - Customer Relations Team (freephone from a landline): 0800 0686 727 or email/write to the Chief Executive of the Co op, Mr Euan Sutherland,at Head Office Manchester http://forums.moneysavingexpert.com/....php?t=4766249.

    and there was a thread just last week I recall that the CEO (or someone on his behalf) had one cancelled at this store
  • RaeR
    RaeR Posts: 72 Forumite
    could i ask (and i understand ideally advice is to do it now/asap) but do you think itd be ok to come back in a couple of days and read through?
    we had some bad news over the weekend and my head isnt in the right place to be trying to sort this out. I cant keep my head focussed on it.
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