Fine for not displaying permit

Stroma

It would be helpful if she posted here as she gets the advice first hand and can ask questions etc

Guys_Dad

This is a common case.

In summary, leaseholder/tenant parks in their space.
They forget to put permit in view and get a ticket.
They complain to PPC. No luck.
They complain to management company who back PPC as they appointed PPC in the first place.
Tenant/leaseholder feels aggrieved as "it's MY parking space"
If they appeal to POPLA on that basis, POPLA supports PPC.

So, if you have a POPLA code, you appeal majoring on the current winning silver bullets.

The letter should follow some of the standard appeals and in your friend's case, two major ones.

The first is that as a tenant, they have no copy of the lease or management arrangements and, therefore, have to rely on the signage. In their view, the signage is poor and non-BPA compliant. It would really help if we could get sight of the signage, but not critical. Your friend needs to look at the requirements of the BPA CoP here http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf looking at section 18 and appendix B

The second point is our current winner, GPEOL or Genuine pre-estimate of loss.
The charge is a penalty and not a genuine pre-estimate of loss'.

The charge demanded far exceeds any loss to the landowner. If it exceeds any loss, it becomes a penalty.

The PPC has not justified their charge as an appropriate, genuine pre-estimate of loss.

For this charge to be justified a full breakdown of the losses that teh PPC has suffered as a result of the car being parked at the car park is required and should add up to the amount demanded. Normal expenditure the company incurs to carry on their business (e.g. provision of parking, parking enforcement or signage erection) should not be included in the breakdown, as these operational costs are the normal costs of running a business and would have been suffered irrespective of the car being parked at that car park or not.

That's a starter, but I agree that acting through an intermediary doesn't help us help her.

zzzLazyDaisy

berol7827007 wrote: »

She has got a code from them!

When did she get the code? It is strictly time limited and she must get her POPLA appeal in before it expires.

Coupon-mad

How to win with a written POPLA appeal stating certain points; easy:



https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

and a case like hers to prove that 'no genuine pre-estimate of loss' does work in a very similar case (DO NOT rely on any arguments about her having a permit):

https://forums.moneysavingexpert.com/discussion/comment/63456326#Comment_63456326

Please ask her to draft a POPLA appeal and show it here first. She can login as you if she wants.

bargepole

Daisy - you need to clear your inbox, so that I can reply to your PM!!!!

spacey2012

Even if POPLA does not follow through, finding who the contract is with and who the true principle is may help, as if your landlord owns the lease and it makes no mention of the permit, the parking company have no authority to bring legal proceedings as they have no interest in the land, contract with other agents or no contract.
To explain, I can not put signs up on my neighbours drive and issue him a parking charge notice because i have set up a management company claiming to have authority when he knows nothing about it , he could sue me for harassment, sign or no signs.
We should never lose sight of the actual law when dealing with parking companies, it is the only thing that keeps them where they are now.
For the simple task of asking, it may help gauge the authority if POPLA fails and changes it's stance, which, one day it will.

Mcpatel

Hello,

I'd really appreciate some advice please due to a parking ticket of £125.

I live in a complex with an underground car park and have a bay. On Friday evening a friend was visiting me, she has a big car and her car was too big to fit in the visitor spot because another resident had slightly parked over their bay. So I parked in that spot and she parked in mine. I left what I thought was an adequate resident's permit on the dashboard.

On Saturday morning at 6am we spotted a £125 ticket on the window stating we had not put visitor permit on the dashboard. The private company which is not BPA accredited had put it on at 3am in the morning. There are no signs inside the car park explaining the rules and also £125 seems very high for an unintentional mistake. There is no lower limit on this ticket if we pay early. Please, please can we have some advice. I have taken pictures of the scene etc.

Thanks

Guys_Dad

WE can help, but you need to start a new thread so that advice to you doesn't get confused with the original poster on this thread.

I already see he we can help, so please start your thread.

Coupon-mad

Mcpatel wrote: »

Hello,

I'd really appreciate some advice please due to a parking ticket of £125.

I live in a complex with an underground car park and have a bay. On Friday evening a friend was visiting me, she has a big car and her car was too big to fit in the visitor spot because another resident had slightly parked over their bay. So I parked in that spot and she parked in mine. I left what I thought was an adequate resident's permit on the dashboard.

On Saturday morning at 6am we spotted a £125 ticket on the window stating we had not put visitor permit on the dashboard. The private company which is not BPA accredited had put it on at 3am in the morning. There are no signs inside the car park explaining the rules and also £125 seems very high for an unintentional mistake. There is no lower limit on this ticket if we pay early. Please, please can we have some advice. I have taken pictures of the scene etc.

Thanks

See my signature for where to click to get back to page one of the forum this thread sits on. Post your own new thread (blue new thread button will be there on the index page you click - one click - to see!) and tell us which company this is? You say NOT an AOS member = NOT one to contact at all then.

And please don't reply here as your case is completely different than this thread!

Coupon-mad

berol7827007 wrote: »

Hi

I think she's just been told about POPLA, she is renting & it happened in Sussex by a company called CPM Uk Car Management.

Many thanks!

Are they claiming to be AOS members?

http://www.britishparking.co.uk/Approved-Operators

Where are they on there? Check the ticket and letters against the list. What is the full name of the acronym 'CPM? Website?