Help needed. Think I'm being scammed...

Half_way

Heres what you need to do in a few simple steps.

1: Wait for them to get in touch with you there is a time limit on this , this is known as the notice to keeper.

2: whilst waiting do some research log the amount of time you spend researching and any additional costs

3: when the letter arrives, post back on here. also complain to the pub about this outrageous parking charge notice tell them ( politely) that it is an unlawful penalty charge and that they must instruct their agents for whose actions they as principal are liable and responsible for to cancel the charge immediately - if you have no luck then continue as below...

4: Challenge the ticket to the parking company if they dont agree to your challenges then tell the parking company in the same letter/email that you require a POPLA verification code - continue to complain to the pub, do they have any presence on social media? continue keeping a record of time that you have spent and any costs that you are running up ( letters/stamps etc etc )

5: The parking company will most certainly reject your challenge, they should then provide you with a POPLA code

6: Submit a well written challenge to POPLA- plenty of help/advice on how to do this on here, and if you ask will be given at the time, continue complaining to the pub, continue to log your time/expenses

7: if step 6 is carried out correctly POPLA will uphold your challenge and the parking company will have to accept that they are wrong in issuing the charge, and it will be dropped.

8: work out how much time youve spent on all of this plus any other costs, and send the pub a bill, "As a direct result of your actions as principal in employing Norwich Traffic Control to act as your agents at the pub car park, adn your agents actions on pursuing me for charges that I am not liable for, and the subsequent overturning of these charges at POPLA I have run up some out of pocket expenses for which I am holding you - as principal liable for, please see the breakdown below:
( be sensible )

If your serious then you could also add that failure to pay within 30 days (?) may result in court action being taken against the pub to recover your losses.

nigelbb

As Folkiedave says they cannot fine you. These Private Parking Companies operate in a very grey legal area. No private individual or company can fine you so the fiction is that you entered into a contract for parking with them & by breaching that contract in some way that you are liable to pay them damages. However under English civil law damages cannot be penalties they can only ever be a sum necessary to put the injured party back in the same situation as if the damage had never occurred.

If it was a pay & display car park at £1/hour & you stayed for 2 hours you would owe £2. If you were taken to court then a larger sum might be claimed but could only be actual losses incurred in pursuing for that £2.

Here's an analogy I often use. If I stay in a hotel that costs £100/night & don't check out on time then the most that I owe is £100. The hotel cannot charge me £1000 even if they have a sign up in the lobby stating that a late check out renders the guest liable to an Accommodation Charge Notice of £1000.

In fact even if there was a contract for parking it can never be with the PPC as they only ever act as the agent of the landowner so they should never be able to take you to court. Generally landowners don't want to take their customers to court.

esmerobbo

nigelbb wrote: »

What makes you think that? It looks perfectly OK to me. I use a Mac so am not troubled by viruses but have double checked on a Windows machine with IE7 & it looks fine.

My anti virus stopped me opening it on Chrome and IE 10, maybe my antivirus is a bit keen.

dancingsammyt

Just wanted to say thank you so so much for all the great advice, especially the two posts near the end which gave me the step-by-step guides, have explained them to hubby who is happy to trust you all and we are going to fight this all the way!!

Iamthestig2

dancingsammyt wrote: »

Just wanted to say thank you so so much for all the great advice, especially the two posts near the end which gave me the step-by-step guides, have explained them to hubby who is happy to trust you all and we are going to fight this all the way!!

Have just got a parking charge against me dropped following advice on here :-) (thanks people!!). My advice: try and send a letter that convinces the parking company you will win at POPLA. They may then drop the whole thing at this stage, saving you unnecessary hassle!! I took suggestions from here (coupon-mad was especially helpful :-)) and adapted them... Can send you my email if it helps :-). I was worried and almost thought about paying the charge as the thought of paying the non-discount rate horrified me! SO glad I didn't pay!!

Iamthestig2

I mean, I can send you my email to the parking company. Might help you to write yours. Got a reply in 3 working days saying charges dropped!

Guys_Dad

Iamthestig2 wrote: »

I mean, I can send you my email to the parking company. Might help you to write yours. Got a reply in 3 working days saying charges dropped!

Different animal, stiggy. This lot are 4th division scammers who haven't git the nous that your PPC had.

Slightly different approach needed, but keep an eye on the thread. :beer:

Iamthestig2

Guys_Dad wrote: »

Different animal, stiggy. This lot are 4th division scammers who haven't git the nous that your PPC had.

Slightly different approach needed, but keep an eye on the thread. :beer:

Bummer :-/. Guess I was lucky then... Surely though if a Parking company see they are certain to lose at POPLA they'll drop it and save themselves the fee?? How is it in their interests to peruse a case they will certainly lose??

Umkomaas

Iamthestig2 wrote: »

Bummer :-/. Guess I was lucky then... Surely though if a Parking company see they are certain to lose at POPLA they'll drop it and save themselves the fee?? How is it in their interests to peruse a case they will certainly lose??

ParkingEye have been acting like Lemmings in continuing to pursue POPLA appeals which have been based on 'genuine pre-estimate of losses' (GPEOL) and they have not won one single appeal when a motorist has used that appeal point.

But you need to understand the bigger picture.

The PPCs are required by PoFA to have an independent appeals process beyond their own appeals system. In order for it to be seen as an 'independent' service, the motorist has to win his/her fair share of appeals (it's around 50:50 currently), but these need to be viewed in the grand scheme of things.

Compared with the overall number of tickets PE issues each year, a few losses at POPLA (whilst welcome from a forum point of view) is a minuscule price to pay in order to perfume the air to keep politicians from sniffing the real stench that's exuded from the cesspit.

HTH

Coupon-mad

Just read this whole thread and want to make sure you tell the teachers who got tickets that the advice given is correct. I work in a school, as well (in a support capacity) and frequent this forum as well - we do know what we are doing with our advice here. We win at POPLA 100% of the time.

You WILL all win at POPLA (you could even all use the same appeal wording that we will help you with!) if the parking company rejects your initial challenges.

Look here for more info about a strong challenge to try to head this scumbag off before POPLA (ignore the fact this reply is tailored more to another scumbag, UKCPS, the advice is the same as regards a strong challenge when you get the first Notice in the post):

https://forums.moneysavingexpert.com/discussion/comment/63547395#Comment_63547395

BUT don't forget that NO-ONE is to appeal yet. NO-ONE- NOT UNLESS ANY OF THE TEACHERS WAS DRIVING A HIRE CAR OR VEHICLE WHERE THEY ARE NOT THE REGISTERED KEEPER. THAT WOULD REQUIRE AN EARLIER CHALLENGE.

Forget the stupid discount 'offer' as you won't pay a penny piece - and if any teacher pays it they would need their head examining! Tell them that from one who knows!