Flashpark Fine!

Chamberlain

Hi everyone,

I'm new to the site (I've never joined before but I have read through forums before when I've had other problems that needed sorting), and I've had a read through a few posts regarding FlashPark because I've just received a notice from them...

I used one of their car parks last week because I needed to collect something from the Post Office depot opposite. I couldn't have been more than 5 minutes (seriously) and someone has photographed the car in the parking space. Reading through related threads, it seems that the general consensus is to ignore the 'ticket'... Is this still the general view?

I don't have the letter, as the car is still registered at our old address (we've recently moved), but I have a reference code so used their website. The photo is of the rear of my car in the spot, but to be honest it doesn't show that the car's empty, so could this work in my favour?

I'd really like to not have to pay a £60 fine (£5 website discount!), but that is my car and I've been caught by the man...

Thanks in anticipation!

HO87

Flashpark are well known but do not appear here that often. As a result the threads that you have been reading are likely to be quite old and the advice out of date. Do not "ignore" - this is the "old" advice.

You should appeal to Flashpark on the grounds that their charge is not a genuine pre-estimate of loss and that it is punitive and therefore a penalty and demand that they either uphold that appeal or provide you with a POPLA code. We can then guide you with a fuller appeal to POPLA. So far we have had a 100% success rate in guided appeals to POPLA.

In appealing to Flashpark you should ensure that you do not reveal who the driver was - keep the wording in the third person.

Coupon-mad

to be honest it doesn't show that the car's empty, so could this work in my
favour?

Nope, parked is parked even if four people are in the car!

But if you have received a letter from Flashpark now is the time to appeal. If you have only received a windscreen ticket - now is the time to WAIT and spend the time reading the forum, until you get the first Notice in the post.

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

That simple linked advice applies as long as you are in England/Wales and as long as this is your car (not a hire or company vehicle).

Please, stop searching for Flashpark cases as they are mainly old ones which give the OLD 'ignore' advice (now wrong). Read any current threads about any PPC and how to appeal, and POPLA. We always win at POPLA so you'll need to read up on how.

Chamberlain

Thanks guys, I wasn't expecting such a swift response!

I'll compose the appeal now and see what happens (and post their response once received).

Thanks again!

Coupon-mad

I'll compose the appeal now and see what happens

So it was a letter in the post then?

And you have very swiftly read some other threads to realise that you DO NOT appeal as 'the driver'?

Chamberlain

I received a letter in the post, and received a phone call from the person I was living with (who read out the letter). I was given a code on the letter to use on their website and I can appeal via their website, too.

For the required field 'Name' I'll just put 'Owner'? And for the email address I have a spare one I use that has no personal information...

Coupon-mad

Yep and for the content you avoid mentioning the parking event! See other threads on page one - I have just read a couple with suggested appeal points that are about the Notice and the fact the PPC has made no loss. Not about 'what happened', no mitigating circs please!

Was the Notice received within 15 days of the event?

Chamberlain

Yup, the event was on 30th October

OK, this is what I have so far:

'This charge is being appealed against on the grounds that this invoice is not a genuine pre-estimate of loss, but is punitive and therefore a penalty. I demand that either you uphold that appeal, or provide a POPLA code.

If it is your claim that a contract had been entered into then please provide a complete version of the terms and conditions of that contract, explaining fully on which of the following grounds your claim is based:
a. Damages for trespass
b. Damages for breach of contract
c. A contractual sum

If it is your case that a trespass was committed, or that a contract was breached such that your claim is one of damages, please provide a full breakdown of the actual loss you claim was suffered by your business or the landowner.'


I'll admit that this was copied from another letter, but good gracious, that was a forceful letter! It seemed too good not to use...

I haven't sent the appeal yet, but do you think that this is good to send?

hoohoo

Delete your post above. PPCs read this forum.

The registered keeper should appeal. In the unlikely event they lose at POPLA they can then name the driver, reset the clock and start again.

But we currently never lose at POPLA.