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PCN at my own flat

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Comments

  • nas786_2
    nas786_2 Posts: 25 Forumite
    Stroma wrote: »
    Popla cannot enforce anything! They are not an authority and their decisions are not binding. Also they do not do mitigating circumstances so don't use them.

    So if POPLA rejected my appeal, what would happen then?
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    You are taking this far to seriously, parking on private land is unregulated, there are no laws around parking apart from contract, and that contract is inherently unfair as there is no loss. They can only claim for losses, what loss have they had?

    If you look at this from the stand point of them being powerless scammers then you can see what this is, an invoice asking you to pay
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Look, these parking companies make up their own rules and then expect everyone else to play by them. If I come round to your house and pin a notice up on your door telling you that you have entered a contract to pay me £50 every time you go through it, are you going to pay me (please say 'yes' as I could do with the dosh ;) ) Seriously, you need to have a read around the forums and familiarise yourself with the process.

    Have a look at this thread by one of our regular posters which gives a walk through of what to do.

    http://forums.moneysavingexpert.com/showpost.php?p=63099617&postcount=2

    POPLA appeals are won on the legal issues that the parking companies try to ignore (and hope that you will too), not on anything you did or did not do.

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • nas786_2
    nas786_2 Posts: 25 Forumite
    Stroma wrote: »
    You are taking this far to seriously, parking on private land is unregulated, there are no laws around parking apart from contract, and that contract is inherently unfair as there is no loss. They can only claim for losses, what loss have they had?

    If you look at this from the stand point of them being powerless scammers then you can see what this is, an invoice asking you to pay

    So what's my first step? Appeal to them and put in the letter a request for a POPLA code if my appeal is rejected?
  • nas786_2
    nas786_2 Posts: 25 Forumite
    POPLA appeals are won on the legal issues that the parking companies try to ignore (and hope that you will too), not on anything you did or did not do.

    So what's my legal issue here?
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite
    nas786 wrote: »
    Like I say, it may be been that the permit fell down from the dash/windscreen so was not on display. But how can I be expected to check my car every 5 minutes to make sure that the permit is still there?!

    where's the permit now?
    If it's your car then unless you've got in your car at some point since the PCN was issued and not noticed that the permit isn't in the window, or was on the floor...it should still be in exactly the same place it was then. It wouldn't have fallen off and put itself back on the dashboard,
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Yes appeal to them then if they reject go to popla with our help
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • nas786_2
    nas786_2 Posts: 25 Forumite
    where's the permit now?
    If it's your car then unless you've got in your car at some point since the PCN was issued and not noticed that the permit isn't in the window, or was on the floor...it should still be in exactly the same place it was then. It wouldn't have fallen off and put itself back on the dashboard,

    This is what I don't know. I didn't get a ticket put on my car and only found out about it when I got a letter through the post saying that is had been 28 days since the ticket was given to me.

    Should I ask the PPC for evidence that demonstrates that my permit was definitely not on display at the time and date they stated in their NTK?
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    nas786 wrote: »
    So what's my legal issue here?

    There is no legal issue, there are no laws around private parking! The law of contract is not specifically for parking, but the laws around contract must be fair, this situation won't go beyond writing a few letters and that's it cancelled.

    Read that thread I linked to above
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    nas786 wrote: »
    This is what I don't know. I didn't get a ticket put on my car and only found out about it when I got a letter through the post saying that is had been 28 days since the ticket was given to me.

    Should I ask the PPC for evidence that demonstrates that my permit was definitely not on display at the time and date they stated in their NTK?

    Look we are going around in circles, please listen to what has been advised. Appeal then expect a rejection then go to popla. I have seen your situation thousands of times, your circumstances are not unique.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
This discussion has been closed.
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