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**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

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:) WELCOME! :)

HOW TO BEAT A PRIVATE PCN: BY APPEAL, COMPLAINT, OR DEFENCE.

BEFORE YOU USE THE FORUM, IF YOU ARE NOT SURE HOW TO USE IT, CLICK HERE Forum Introduction Guide

AND READ THESE; YOU'LL SOON BE UP TO SPEED AND MAY FIND YOUR ANSWER BY SEARCHING FOR SIMILAR POSTS:

https://www.moneysavingexpert.com/faqs/how-do-i-ask-a-question-on-the-forum/

http://forums.moneysavingexpert.com/faq.php?faq=vb3_board_faq#faq_vb3_board_usage


DO NOT USE YOUR REAL NAME AS YOUR USERNAME IF YOU POST A THREAD:

http://forums.moneysavingexpert.com/showthread.php?t=5532696


FAQS FIRST. NO THREAD IS NEEDED IF YOUR QUESTIONS ARE:

Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.

A - NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME.

Q - ''Is this info up to date, because this thread was started in 2013?''

A - YES, IT IS. SEE THE DATE LAST EDITED (RECENTLY!) AS SHOWN AT THE BOTTOM OF THIS POST.

Q - ''My vehicle is lease/hired/company car and I'm not the registered keeper. Is the advice different?''

A - YES, PLEASE SEE THE SECTION ABOUT LEASE/HIRE/COMPANY CARS AT THE FOOT OF THIS POST*

Q - ''My PCN is from a Council (e.g. bus lane, box junction or parking PENALTY) so does this thread apply?''

A - NO, BUT THEY CAN BE APPEALED. GO TO 'PEPIPOO.COM' COUNCIL TICKETS FORUM INSTEAD.
http://forums.pepipoo.com/index.php?showforum=30

Q - ''I don't understand any of your acronyms, this is too complicated!''

A - THE USUAL ACRONYMS ARE EXPLAINED LOWER DOWN THIS THREAD, SEPARATELY, IN POST #5. APPEALING IS NOT COMPLICATED, YOUR APPEAL IS ALREADY WRITTEN FOR YOU BELOW FOR YOU TO COPY & PASTE INTO THE PPC's ONLINE APPEAL PAGE.

Q - ''My PCN says the 'fine' will go up after 14 days, so why are you suggesting I wait before appealing?''

A - FORGET THE '14 DAYS JITTERS'. THE 'DISCOUNT' IS A BRIBE NOT TO APPEAL.

Q - ''My PCN is from an IPC member, should I really not try IAS, and why not?''

A - Next to no chance. Sad to say but the IAS is widely considered a kangaroo court, Normal appeal facts like 'I was not the driver, no keeper liability' don't cut it with the IAS and losing that stage will make most posters feel more worried.

DON'T TRY IAS & PLEASE DON'T POST ASKING FOR YOUR 'NEXT STEP'. NONE, TILL COURT.

Q - ''My PCN is from UKCPM or UKCPS (insert IPC firm here) and the signs say they are both BPA & IPC members?''

A - THEY ARE NOT. SPARE OUR TIME ON THIS BUSY FORUM. NO MORE THREADS LIKE THIS!
http://forums.moneysavingexpert.com/showthread.php?t=5784929

Q - ''My windscreen Notice is a 'PENALTY' from a Railway car park, issued by a private firm (SABA), what do I do?''

The only thing to do differently with SABA RAILWAY PENALTY (specifically only that type) is to WAIT for the first letter to arrive (as long as it's your own vehicle, not leased/hired - if it is you must respond yourself quickly). These fake penalties go nowhere, and 'time out' after just 6 months. There is no POPLA offered and no fair appeal; nothing makes them cancel. For a summary about Railway penalties, written by a newbie who did her research click here and just search the forum for SABA for more like this: here.

Q - ''I'm in Scotland/NI, so is the advice different?''

YES. IF THE EVENT TOOK PLACE IN SCOTLAND OR NORTHERN IRELAND, WE SUGGEST YOU DO (ALWAYS!) COMPLAIN TO STORE MANAGEMENT IF YOUR PCN IS FROM A RETAIL PARK, AND SEND THE USUAL TEMPLATE APPEAL FOR YOUR CASE, NOT SAYING WHO WAS DRIVING. HOWEVER, DO NOT TRY POPLA BECAUSE POPLA (IN A CASE THAT TOOK PLACE OUTSIDE ENGLAND/WALE) WILL REQUIRE YOU TO STATE IF YOU WERE DRIVING OR NOT, AND THAT IS THE ONE THING NOT TO DISCLOSE.

Q - ''I am getting debt collector letters! They're really scary, the 'fine' has gone up, what do I do?''

A - If this is the VERY FIRST letter from a debt collector like PCS or ZZPS, appeal that Notice as if it was the 'Notice to Keeper'. IF YOU MISSED APPEAL AND ARE GETTING DEBT LETTERS - DO NOTHING! DO NOT RING THE DEBT COLLECTOR! See post #4 below. Do not post a thread (please, we have no time and you will be grateful later when you really need us, that we don't get bogged down with answering posts about 'ignore the debt collector letters' stage).

Q - ''I have a (non-debt collector) Letter Before County Court Claim (LBCCC), or a Court Claim, or a CCJ that I have just discovered - is it too late to beat this - should I now pay?''

A - IT IS NOT TOO LATE. WE WIN 99% OF WELL-DEFENDED COURT CLAIMS! CERTAINLY DON'T RUSH TO PAY OFF A CCJ, WHICH OFTEN DOES NOT REMOVE IT. SEEK OUR ADVICE FIRST. SEE POST #2 BELOW.

Q - ''Why isn't this sort of rip-off scam illegal? I thought these were unenforceable.''

A - Private charges are based on contract law and allege that the driver breached a contractual term (e.g. an implied promise, such as to display a permit or not to overstay a 2 hour free period). Such contracts can be enforceable in the county court, but are defendable (see post #2 all about small claim defences). Charges are not 'illegal' but this industry is skating on thin ice. These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint.



****************************


Action to be taken if you are the registered keeper of the vehicle, in this order:

1. ALL CASES, EVERYWHERE - COMPLAIN FIRST, ESPECIALLY OVER A RETAIL, HOTEL, OR HOSPITAL CAR PARK:

Always complain to the Retailer very quickly. This is 'Plan A' :

Successful complaints about private parking tickets - how to get them cancelled! <<< CLICK

It can be easy and quick to get these cancelled by a landowner. If the charge was at a Hospital then immediately complain to PALS (Google it and find their local contact).


2. ONLY after exhausting the complaints option, then as Plan B, the keeper appeals.

Appealing a private PCN

Windscreen ticket from a BPA member? = STOP - wait and research before appealing!! If it was a windscreen 'PCN' (not postal, not an IPC member and not a SABA Railway 'penalty' - see Q&A above) wait 3 weeks.

In the case of CURRENT (NON-DVLA-BANNED) BRITISH PARKING ASSOCIATION (BPA) AOS MEMBERS ONLY, appeal online or by email at day 25 or 26 after a windscreen PCN but as the KEEPER, not driver, using the ''one size fits all'' blue appeal template below.

Q - ''But I want to appeal now! Why wait till day 26 before appealing a BPA member windscreen PCN?''

A - To tie them up in the appeals process at a time when they should also be posting a Notice to Keeper (NTK). Many PPCs in the BPA omit any NTK when replying to an appeal and the very fact a PPC forgets to send you a NTK by day 56, gives you a winning point at POPLA. Don't forget this tactic, and use it at POPLA stage: having appealed on day 25 or 26 after a windscreen PCN, make sure you take note of whether any postal NTK is ever received in the following weeks. A rejection letter with POPLA code is not a 'NTK'.

You must include 'no keeper liability' at POPLA stage if you do NOT receive a NTK at all in that time, and you will win as long as you make the missing NTK clear to POPLA.


IPC members are different:

In the case of CURRENT IPC AOS MEMBERS ONLY, we now advise to WAIT for a Notice to Keeper to arrive and then challenge once as the KEEPER, not driver, using the template appeal, as shown below.

Q -''Why wait for the 'NTK' to arrive a month later, after finding an IPC member windscreen PCN?''

A: Because there has been shown to be no appeal worth trying really, you will get a rejection anyway, so you may as well leave it and see if they issue a NTK and let them apply to the DVLA (unless yours is a company or lease car of course, in which case you MUST appeal at windscreen PCN stage as stated at the end of this thread).

Postal PCN from a BPA or IPC member ? (i.e. with no mention of any windscreen ticket):

A postal PCN or NTK might be headed up 'Reminder' or 'Charge Notice' or it may even be a letter from a debt collector - it is your Notice to Keeper, in effect, if it's the first letter to arrive. No need to wait, appeal online as registered keeper (or as ''hirer/lessee'' if that's the case, see * below re lease/hire cars).

This is why not to name the driver (thanks to The Slithy Tove for this explanation):

http://forums.moneysavingexpert.com/showthread.php?p=69906180#post69906180




************************************************************************


TEMPLATE ''ONE SIZE FITS ALL'' FIRST APPEAL THAT DOESN'T SAY WHO WAS DRIVING:



Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.


THE NAME AND POSTAL ADDRESS OF THE KEEPER (OR THE HIRER/LESSEE) GOES HERE, OR IN THE RELEVANT BOX ON THEIR APPEALS PAGE.

THE DRIVER IS NOT IDENTIFIED.


DON'T POST IT BY ROYAL MAIL UNLESS YOU HAVE NO OTHER OPTION ON THE PCN.

CERTAINLY NOT BY RECORDED DELIVERY - FORGET THAT!
- ALWAYS USE THE ONLINE APPEAL PAGE - OR EMAIL IF OFFERED AS AN OPTION ON THE NOTICE - BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP PROOF/ A SCREENSHOT. NO NEED TO USE YOUR REAL SIGNATURE IF YOU HAVE NO OTHER APPEAL OPTION BUT POSTAL...BUT OF COURSE YOU PUT YOUR NAME AND ADDRESS!


You can (carefully!) add a little to the template above, 'in order to resolve the dispute I attach copies of...':

- the driver's receipts/bank transactions (or Hospital Appointment/Hotel booking, etc.) that day as 'they' were a genuine customer/patient, etc.

- If an occupant of the car is disabled or elderly/infirm, then the keeper can add that, without implying who was driving.

- A copy of the Blue Badge is a good idea to upload/attach but without saying who parked.



********************************************************

Want to dig deeper? Check the compliance of your Notice to Keeper, if the PPC is citing 'keeper liability' under the POFA. Here's a link to Schedule 4 of POFA 2012 which applies in England/Wales only (look for the words shown in paragraph 8 if it's a 'windscreen ticket followed by a NTK', or the words in paragraph 9 if it's a postal PCN only):

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

If the NTK arrives late, this does not make the PCN 'void' but it means there is 'no keeper liability' possible.

If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket.

Or, the NTK must arrive with you between day 29 and day 57 if there was a windscreen PCN.

Some firms (e.g. Civil Enforcement, Highview, Smart Parking, CP Plus and some small PPCs) don't even bother with POFA 2012 wording so the keeper is not liable and you must you point that out to POPLA.



******************************************************


* COMPANY, LEASE OR HIRE CARS ANYWHERE IN THE UK

In the case of a company car or hire car, if you get a windscreen ticket and cannot get it cancelled by the landowner (PLAN A above), appeal within the first 2 weeks, well before day 21. This is in order to hook the PPC in your direction, before they get a chance to get the keeper's details from the DVLA.

You should also warn the owner/keeper (Fleet Manager) not to pay. If the hire/lease firm gets a postal PCN and names you as the hirer, that is a good thing as it removes them from the loop entirely and then you can follow the above advice as appropriate to your case.

Here are some examples of a successful first appeal for company cars/lease/hire/rental cases. These examples relate to a situation where the PPC has (pretty much ALWAYS!) failed to send the required documents to the hirer with the postal Notice:

http://forums.moneysavingexpert.com/showthread.php?t=5703794

http://forums.moneysavingexpert.com/showthread.php?p=69859059#post69859059

http://forums.moneysavingexpert.com/showthread.php?p=69767583#post69767583


Thanks to Edna Basher for the template appeals above.

If the Notice has been sent to a lease firm and then they have named your own company (not an individual) and you (the Director or Fleet Dept) want to appeal as the company, here is Edna Basher's latest draft appeal for a Fleet Manager (hirer company) to use:

https://forums.moneysavingexpert.com/showthread.php?t=5881338

Worked the same day! :D
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • edited 15 May at 10:47AM
    Coupon-madCoupon-mad Forumite
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    edited 15 May at 10:47AM
    SMALL CLAIM?
    IF YOU HAVE A THREAD, PLEASE REPLY ON IT, DON'T START ANOTHER ONE.

    Pre-action stage:
    If you have a 'Letter of claim' or Letter Before Claim (LBC), a claim IS likely. I don't mean a letter asking you to pay a debt collector, I mean a 'real' LBC like here, with a 30 day deadline and reply forms:
    https://forums.moneysavingexpert.com/showthread.php?p=75406142#post75406142

    DO NOT use the 'reply forms'. You do not have to declare your finances! This is a chance to see the PPC's hand - so send them (NOT their solicitor!) a Subject Access Request 'SAR' listing what you want to see by way of data the PPC holds about you:

    https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

    You can find out where to send the SAR by email, by looking on the Parking firm's PRIVACY webpage, telling you where to send a SAR or any 'data concerns' to their Data Protection Officer (DPO). You do NOT have to supply intrusive ID (driving licence or Passport) that's excessive, so refuse.

    A SAR is free. Ask for (as a minimum):
    - ALL photos taken
    - all letters/emails sent and received, including any appeal correspondence earlier
    - if the car park was Pay and Display, ALWAYS ask for a PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this and follow it up if they refuse).
    - all data held, all evidence they will rely on, and a full copy of the PCN, NTK
    - and a list of all PCNs they say are outstanding against you and/or this VRN, and remind them that any claim must be for all PCNs in one claim, not several separate claims.

    As well as the SAR to the parking firm's DPO, also write another email, if they are using Gladstones, DCLegal, BW Legal or other solicitor.
    Your email tells the solicitor:
    (a) I am seeking debt advice but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017.
    (b) I have sent your client a SAR and have insufficient information, to date.
    (c) also confirm your correct 'address for service' (especially if you've moved and they've traced you & might revert back to an old address).


    The exception is PARKINGEYE
    If you get a LBCCC from ParkingEye, send a SAR using the form on their PRIVACY page if you are missing evidence/letters, but also email their litigation team to try to resolve the dispute:

    [email protected]

    Treat the ParkingEye email now as your 'last gasp' chance to appeal, because ParkingEye can and will stop a case and revert to appeal stage, or they will accept you naming the driver & postal address (and will reissue the PCN and start again with the driver being allowed to appeal). Or send them relevant things you really should have sent earlier as an appeal - such as a copy of the Blue Badge, or bank statement/shopping receipts.

    It's a good idea in EVERY case (not just P/Eye) to complain to the Landowner or retailer, and LBC stage is your chance. When faced with a polite but ''angry customer who will never return'' complaint (no template, write it from the heart!) many retailers cancel these, believe us! DO NOT WRITE THAT YOU WISH TO 'APPEAL'. Nope, it's a complaint!

    If it's a Hospital, urgently complain to PALS (Google it...).


    What if your LBC-stage complaint to the landowner does not get the PCN cancelled?

    You will probably get a court claim anyway and the results of the SAR will help you, as it shows you their evidence nice and early = easier to defend.
    If you get a court claim, don't panic, c99% of defendants here, win!

    You do not get a CCJ even if you lose; as long as you pay within 30 days of judgment, nothing stays on the register (your credit record). No 'risk' as long as you don't miss court deadlines, you may as well defend and fight!

    ALMOST NO-ONE REPORTS A LOSS - YOU DON'T NEED TO WASTE MONEY ON A SOLICITOR OR ANY HORRENDOUSLY AGGRESSIVE 'APPEALS' COMPANY (WORSE THAN PARKING FIRMS - CHECK TRUSTPILOT IF YOU DON'T BELIEVE ME).

    So, where to start dealing with your claim?

    DON'T SCRAWL A 'DEFENCE' ON THE PAPERWORK. STOP!

    Here is a guide to MCOL, how to acknowledge service ('AOS'), put together by a fellow PPC fighter:
    https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0


    THEN - UNLESS YOU HAVE A PARKING EYE CLAIM (WHICH IS DIFFERENT) - GO & READ THIS TEMPLATE DEFENCE AND EDIT IT TO SUIT:
    https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

    That template defence is new for 2020. However, I have not yet edited it to include the April 2020 new STATEMENT OF TRUTH that you will need to change above where you sign & date it. From the 6 April 2020 a statement of truth at the end of a defence must now be in the following form:

    I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.


    People have said how easy doing their defence now is, using the template and just editing the red bits & attaching the Southampton 6 page Approved Judgment and sending to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads we need you to read first.

    Here are some cases won or in progress which should help you with ideas as to what to put in as 'case specific facts' at #16 or #17 of the template defence, if your case is not a ParkingEye one:

    Here is a defence I suggested for a case where a RingGo app carried forward a default VRN for the wrong car, so that the driver was not at fault and the inaccuracy came from the PPC's app:
    https://forums.moneysavingexpert.com/showthread.php?p=74836178#post74836178


    A defence about a car which was authorised by an employer to be unloading in a gated business complex:
    http://forums.moneysavingexpert.com/showthread.php?p=71643736#post71643736

    And one re 'no permit' allegation - a typical Gladstones case:
    http://forums.moneysavingexpert.com/showthread.php?t=5485681 - post #159


    If your case is about YOUR OWN SPACE or parking in a residents' car park as a legit visitor, read THIS from the parking Prankster. Also consider a counter-claim and/or LBC to the site Managing Agent:
    http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

    http://parking-prankster.blogspot.co.uk/2017/06/residential-ticket-only-cancelled-after.html

    Here is a residential defence, by Johnersh, who is a solicitor:
    http://forums.moneysavingexpert.com/showthread.php?p=72977032#post72977032

    and one about a residential site with secure key fob access:
    https://forums.moneysavingexpert.com/showthread.php?p=74708527#post74708527


    and one I wrote about an ''undesignated bay'' allegation in a block of flats:
    http://forums.pepipoo.com/index.php?showtopic=107768&st=80&p=1311428!!!entry1311428

    Here is one of many residential cases won. This report by bargepole mentions the case transcripts that might help (find them hosted by the Parking Prankster in his CASE LAW pages on his website):
    https://forums.moneysavingexpert.com/showthread.php?t=5927351


    What about ParkingEye defences?
    You can't use the template defence, as they don't add £60 to their claims and so the premise of 'abuse of process' can't be used against them. But they can be defended, so, look for recent examples by searching the forum.

    Here is a 2018 defence where P/Eye use ANPR alongside a Pay & Display machine, then try to morph the £4 tariff into £100 damages:
    https://forums.moneysavingexpert.com/showthread.php?p=74850073#post74850073

    Another P/Eye defence, about a hidden iPad or keypad inside the Odeon:
    https://forums.moneysavingexpert.com/showthread.php?p=74254129#post74254129
    *********************************************


    IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

    Here's a summary from bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines (however during the COVID_19 pandemic whilst hearings are likely to be conducted by telephone, please see the info linked below under 'COVID_19: 2020 TELEPHONE HEARINGS' as well):

    https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1


    Defence is NOT your only job, nor the only paperwork!
    There will be:
    (a) Directions Questionnaire (N180) stage - an easy form.
    (b) Witness Statement & evidence and costs assessment stage.
    (c) A hearing at your local court (or in 2020, a Telephone Hearing if your local Court Judge is working from home).

    Some days/weeks after filing your defence, the CCBC will send you a DQ N180 form, that must be completed & returned to the claimant and the court, explained by IamEmanresu:
    http://forums.moneysavingexpert.com/showthread.php?p=71763411#post71763411


    Once allocated to your local court, you WILL be given a clear date by which YOU MUST file the evidence ('exhibits') and any Witness Statement (i.e. yours - YOU are the witness).
    At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the evidence you will rely upon, which should at least include:

    (a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case
    (b) photos proving the scarce/illegible small print signs & a view showing the lack of entrance signs, etc.
    (c) maybe a video of how it looks from a car? Get a passenger to hold a camera or phone and record the lack of signs in similar light conditions.
    (d) if you are defending as keeper, not driver include a copy of Schedule 4 of the POFA - there is a link in post #1 above. Plus a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability'.
    (e) a copy of your lease or tenancy agreement if this is an 'own space' or 'block of flats' dispute where YOU have primacy of contract.
    (f) case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if arguing that this is a residential space where the tenant/leaseholder has already been granted the right to park or unload, you need Jopson v Home Guard (appeal) and PACE v Mr N, etc.
    (g) the IPC or BPA Code of practice, where it supports your case (e.g. grace periods) but be sure to use the RIGHT version for the date of parking.
    (h) Pay & Display ticket, if the driver paid. DON'T argue 'no loss'!
    (i) the Approved Judgment from Southampton, plus paras 98, 193 and 198 from Parking Eye v Beavis copied & pasted onto a single sheet.

    An example of what to submit can be seen here:
    https://forums.moneysavingexpert.com/discussion/comment/77048513#Comment_77048513

    WITNESS STATEMENT - EASY STAGE - YOUR 'STORY' & EVIDENCE

    COVID_19: 2020 TELEPHONE HEARINGS - Special advice to read:


    https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here

    read that first as it changes how to submit your WS & evidence!

    Also, from 6th April 2020 a statement of truth at the end of a witness statement (or defence) must be in the following form:

    I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

    In most examples you find on recent threads, they will not have that new ending yet, so yours MUST be edited to include the right wording. A WS is simple, it expands on your defence and tells the story from your point of view, with your evidence.


    Here is a suggested form of SUMMARY COSTS ASSESSMENT TO FILE AND SERVE WITH YOUR WITNESS STATEMENT, to claim your costs for lost wages/leave, your travel, parking(!) etc. if you win:
    https://forums.moneysavingexpert.com/discussion/comment/76859337#Comment_76859337

    Sign it and date it like your WS and keep it to one sheet of paper.
    If the PPC (pretty commonly!) DISCONTINUES shortly before the hearing, try writing to the court and asking for your assessed costs. Here's how Bluetoffee1878 did it but it's rare to get this awarded without a hearing:
    http://forums.moneysavingexpert.com/showth...88#post72966188

    and LoadsofChildren123 wrote a longer version here, to reclaim costs after a discontinuance:
    http://forums.moneysavingexpert.com/showth...88#post72799488

    THE HEARING
    It's a meeting - think of it as the ultinate face to face 'appeal'!

    Get there half an hour early to get through security & sign in with the Usher. DO NOT agree to talk in a side room with the Claimant's rep, they are trying to get you scared and settle the claim outside the Judge's room...nope.

    Go in! You will be listened to! Call the Judge 'Sir' or 'Madam'.

    Search the forum for 'ANOTHER ONE BITES THE DUST' and read about hearings. Most Judges are friendly; they listen and know about PPC 'scams'. Take a crib sheet with you like this (below), noting the exhibit number beside each bullet point you want to raise:

    https://forums.moneysavingexpert.com/discussion/6075943/claim-form-uk-car-park-management-gladstone/p21



    HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

    DO NOT ring the parking firm up...and do not just pay! Read this thread for what to send with your N244:

    https://forums.moneysavingexpert.com/discussion/6134970/surprise-ccj-please-help/p1

    A summary of your choices regarding a SET ASIDE:

    http://forums.moneysavingexpert.com/showthread.php?p=71776504#post71776504

    Here is a case which shows what you have to do, in order to satisfy the points the Judge will be wanting to hear:
    https://forums.moneysavingexpert.com/showthread.php?p=74864199#post74864199

    Two CCJ set aside examples from 2020 where the Judge ordered for the Claimant (PPC) to pay the £255 fee back to the victim (you MUST ask during the set aside hearing, at the end, for your costs!):

    https://forums.moneysavingexpert.com/discussion/6083420/ccj-at-previous-address-from-ppc/p1

    and the second one:

    https://forums.moneysavingexpert.com/discussion/6077746/county-court-judgement-received/p1

    Ttemplates in point #8 from Legal Beagles:
    https://legalbeagles.info/forums/forum/library/guides-templates/member-guides/1403468-rob-s-list-of-templates


    * It's a NO-BRAINER to get a CCJ set aside if you qualify for free court fees, and lost of people do! (low income):

    https://www.gov.uk/get-help-with-court-fees

    https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • edited 26 July 2018 at 11:33AM
    Coupon-madCoupon-mad Forumite
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    edited 26 July 2018 at 11:33AM
    SECOND STAGE APPEAL - POPLA OR IAS



    POPLA IS OFFERED BY BPA AOS FIRMS

    DO NOT APPEAL SAYING WHO WAS DRIVING, NEITHER AT FIRST APPEAL STAGE NOR AT POPLA.

    POPLA Appeals are submitted here:

    http://www.popla.co.uk/

    but don't feel you have to answer their questions, you should write a detailed appeal and attach it as a PDF along with photos (use the parking firm's own photo of the sign if the words are illegible and the £100 (or whatever) charge is not in LARGE letters.

    To find a relevant POPLA appeal written recently, always search the forum well, choosing good keywords.

    So if yours is an APCOA PCN at an Airport, search the forum for the words 'APCOA POPLA Airport' and you will find a good one like this, in seconds, that you can copy and adapt (these are deliberately long, to make a PPC give up):

    http://forums.moneysavingexpert.com/showthread.php?p=71489034#post71489034

    And in the same vein, to find a UKPC POPLA appeal where no NTK was ever served to the keeper, a search finds this:

    http://forums.moneysavingexpert.com/showthread.php?p=71383972#post71383972

    And here is a perfect, illustrated appeal which won when arguing about BPA Grace Periods:

    http://forums.moneysavingexpert.com/showthread.php?p=73797736#post73797736

    https://www.dropbox.com/s/p7ltb9rcr6zy7kn/Appeal_stage2_POPLA_ECP_draft5.pdf?dl=0

    THAT IS WHAT A WINNING POPLA APPEAL CAN LOOK LIKE, VERY LONG AND WITH IMAGES.


    Another one, 26 pages long, with pictures - this won, Smart Parking gave up:

    https://drive.google.com/file/d/1v_W_UseWdI_d_9WWMUfVecx0uDUYOwKs/view


    ParkingEye (make sure you search it as ONE word as shown) can be best handled by searching for the relevant place as a keyword, so 'ParkingEye POPLA Aire Street' or 'ParkingEye Tower Road POPLA' or 'ParkingEye POPLA Hospital' would be good choices of keywords to find very recent examples.

    ALWAYS look at the wording of any PCN from ParkingEye to see if it is a 'POFA/keeper liability after 29 days' one or not. There are two versions - look on the BACK of your PCN!


    As long as you have not said who was driving in the first appeal, if you are lucky enough to have one like the ''golden ticket'' (nothing about POFA 2012 on the back) type of PCN discussed here:

    http://forums.moneysavingexpert.com/showthread.php?t=5684787

    This shows a ''Golden Ticket'' (our phrase only!) back page (note no paragraph about the POFA 2012):

    http://i.imgur.com/ubQAZ8p.jpg

    ...then you *will* win your appeal using the template POPLA point about 'no keeper liability' from a PE non-POFA type PCN, followed by the template point about the appellant not being shown to be the individual liable.

    Here is a POPLA appeal you can copy & adapt, ONLY if you have a ParkingEye 'Golden Ticket':

    https://forums.moneysavingexpert.com/showthread.php?p=74575725#post74575725

    This person (below) was not lucky enough to have the 'non-POFA' easily-winning version PE PCN but still won with this PE POPLA appeal so it is certainly possible and PE do not like the very long 'throw the kitchen sink at it' approach to POPLA appeals and often give up:

    http://forums.moneysavingexpert.com/showthread.php?p=71563041#post71563041

    I have only shown a few links as examples of POPLA appeals because they change and evolve. Searching will find the most recent similar example; do not use one older than 2017. Do not look at old ones about 'no GPEOL' or no loss because that's not going to win.

    Easier than it sounds because we now have a number of POPLA appeal points covering the essential areas for appeal. They are in 'near template' state, but will need to be checked first against the circumstances of your parking event.

    These are long on detail and when put together form a formidable block of text, deliberately so to scare off some PPCs who cannot be bothered to contest (fairly common).

    Signage (I deliberately go to town in this section, don't cut it down!):

    http://forums.moneysavingexpert.com/showpost.php?p=71285691&postcount=2341

    - The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge

    http://forums.moneysavingexpert.com/showpost.php?p=71287626&postcount=2342

    Landowner Authority

    No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

    http://forums.moneysavingexpert.com/showpost.php?p=71287628&postcount=2343

    No Keeper Liability (windscreen ticket, no follow on NtK)

    Example for cases where the PPC issued only a windscreen PCN but did not follow it with a NTK:

    http://forums.moneysavingexpert.com/showpost.php?p=71287643&postcount=2345

    Permit car parks (residential 'own space' appeals, or industrial/employer car parks where the car was permitted):

    And two appeal points to use together (as well as some of the above, of course) for PERMIT car parks where you were loading/unloading or permitted to be there:

    http://forums.moneysavingexpert.com/showpost.php?p=71339517&postcount=2361

    You can copy them verbatim and put them together and show us, to check nothing is missed. Like these two posters did, one is v Civil Enforcement and one v ParkingEye:

    http://forums.moneysavingexpert.com/showthread.php?t=5698328

    http://forums.moneysavingexpert.com/showthread.php?t=5538581

    A ParkingEye appeal is 100% winnable with that style PCN as long as you do NOT shoot yourself in the foot first by saying who was driving.

    Here are two POPLA appeals I wrote (specific to a ParkingEye car park/machine issue and PCN):

    Duncan Nimock's case:

    https://www.dropbox.com/s/lukk13xep4s6ckz/Appeal%20v%20ParkingEye%20-%20POPLA%20November%202016.docx?dl=0

    marganne's case:

    https://www.dropbox.com/s/rzau2e68ddbniow/ParkingEye%20Aire%20St%20POPLA%20appeal.docx?dl=0


    These then get saved as PDFs and uploaded to POPLA under OTHER (ONLY) - do not think you only have 2000 characters in some box on the POPLA wepage!

    http://parking-prankster.blogspot.co.uk/2015/09/new-popla-process.html


    ****************************


    AFTER SUBMITTING YOUR POPLA APPEAL:

    If the PPC contests the POPLA appeal, they will put on the Portal (and maybe also send to you) their POPLA evidence pack. It is NOT from POPLA not the decision!

    This is your chance to comment on the crappy evidence from the scumbags.

    YOU REALLY MUST COMMENT, BUT KEEP IT VERY CONCISE TO FIT COMMENTS IN THE PORTAL.

    How can I comment on the evidence sent to POPLA, they've written a lot and shown lots of pictures of signs?!

    Look through the evidence and find things to rebut - such as the signage being unclear, illegible, sparse/nothing to show how close the car was to a sign.

    Or the witness statement/contract being heavily redacted, out of date, not signed by the landowner, or even just that it shows no expiry date (POPLA seem to like that).

    Your comments are to rebut the operator's case, blow by blow.

    Do not re-write your appeal or call it 'an appeal' or POPLA will not read it.

    Examples of evidence 'comments' here:

    http://forums.moneysavingexpert.com/showthread.php?p=69778312#post69778312

    http://forums.moneysavingexpert.com/showthread.php?p=69835948#post69835948


    What will likely happen in the end, re my POPLA appeal?

    Read the 'POPLA Decisions' sticky thread now; read it from the LAST post backwards, for recent wins. POPLA and the importance of rebutting the evidence in a final email to POPLA, is discussed here in the second half of this post:

    http://forums.moneysavingexpert.com/showthread.php?p=68548048&highlight=#post68548048

    Do you have to pay of you lose at POPLA? No!!



    ******************************************************************************



    The 'IAS' offered by IPC companies is considered far worse than POPLA.

    It is named and shamed on forum posts regularly as a 'kangaroo court' because even a strong appeal loses in almost every case. The IAS favours the parking firms and expects a mountain of evidence from the appellant. Do not use mitigating circumstances.

    HO87 explains the problems with the IAS anonymous and apparently unaccountable appeals system here:

    http://forums.moneysavingexpert.com/showthread.php?p=67067144#post67067144

    and this is typical thread where we've discussed the issue; all agree it appears to be a 'kangaroo court':

    http://forums.moneysavingexpert.com/showthread.php?t=5149137

    Here I explain my reasons why I don't recommend trying the appeal at IAS stage, except in very rare cases where you have a slam-dunk winning point:

    http://forums.moneysavingexpert.com/showthread.php?p=68548048&highlight=#post68548048

    However, if it's a lease/hire car and a NTK went to the hire firm first, you CAN potentially win at IAS by cribbing from this IAS win wording:

    http://forums.moneysavingexpert.com/showthread.php?p=67815901#post67815901

    DO NOT, REPEAT DO NOT PAY £15 FOR THE 'BINDING' IAS VERSION!

    Please don't start a thread asking if you should appeal to the IAS unless you have very rare circumstances that might make yours worth a try.

    The answer is NO, do not try IAS at all.


    As always, DO NOT OVERLOOK THE POWER OF A COMPLAINT TO RETAILER/LANDOWNER ABOUT THESE SCUM FIRMS:

    http://forums.moneysavingexpert.com/showthread.php?t=4766249

    SO GET COMPLAINING, EVEN IF THE PCN WAS FROM MONTHS BEFORE.


    What will happen if I lose at POPLA or IAS?

    It changes nothing, just takes you back to square one. It is not a reason to pay, even though the decision will tell you to! Discussed here and in other threads you can find by searching this forum for 'lost IAS' or 'lost POPLA':

    http://forums.moneysavingexpert.com/showthread.php?t=5334100

    What happens would be:

    - you will most likely (unless it's a very litigious PPC) just get a series of hysterical 'pay up or else' debt collector letters, or maybe letters from the PPC themselves - see separate post about ignoring them, below. No need to panic.

    or

    - you might have to defend this if the PPC tries a small claim, and they might be buoyed by an IAS 'win' under their belt to brandish. If that happens, see post #2 above about beating a claim!



    What will happen if I do not bother with the IAS stage?

    Same as the advice for those who lose. Don't pay.

    Ignore debt collector letters as per post #4 of this advice thread - except to tell them in writing (keep proof of posting/emailing) if you move house, to make sure you never miss court papers a couple of years later.

    Come back and read post #2 if you get a small claim, which defendants coached here win 99% of the time.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • edited 21 September 2017 at 9:49PM
    Coupon-madCoupon-mad Forumite
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    edited 21 September 2017 at 9:49PM
    'IGNORE THE DEBT COLLECTORS' STAGE

    DO NOT PANIC!




    CAN'T SAY IT ENOUGH, THIS IS NOT A FORUM FOR TALKING AD INFINITUM ABOUT DEBT COLLECTOR LETTER CHAINS SO PLEASE SPARE US!!!!!!! DO NOT START A NEW THREAD ABOUT DEBT COLLECTOR TEDIUM, PLEASE, JUST SEARCH AND READ WHAT'S ALREADY BEEN SAID.


    READ THIS CLICKY LINK (YES THE BLUE BIT, CLICK ON IT!) AND DO NOT, PLEASE DON'T, START A NEW THREAD ABOUT ROSSENDALES or DEBT RECOVERY PLUS OR ZZPS OR WRIGHT HASSALL!



    Debt Collectors letters or threats of court? Thinking you may be too late to appeal?

    You may get debt collector letters, e.g. 'Debt Recovery Plus' (also using trading names of 'PCS' and 'Zenith') or you might have 'ZZPS' or even solicitor letter heading from 'Gladstones' or 'Wright Hassall' which actually asks for payment to a debt collector = a debt collector letter then!


    THESE ARE NOT BAILIFFS, THEY CANNOT SEND THE BOYS ROUND! THIS IS JUST A LETTER-CHAIN YOU GET IF YOU HAVE NOT APPEALED.
    See this linked explanatory video which will help you to see it for what it is and say 'big deal' about the letters:
    LINK: Is a debt collector the same as a bailiff? - StepChange...


    All the blue wording below includes a link for you to click about the stupid debt collectors so click on the name:

    If you have letters from any debt collector such as Debt Recovery Plus or Zenith and are on the face of it, too late to 'appeal', then (if in England/Wales) either ignore them or robustly respond.

    To be clear - I recommend ignoring debt collectors, as the response leads nowhere - certainly NEVER ring them!

    As well as the links shown (click on the blue words), here's a strong response to send if the PPC says you are 'too late' and it's now with a debt collector:

    http://forums.pepipoo.com/index.php?showtopic=82895&st=20&p=904431&#entry904 431

    ...and here's a case (link below) where a strong response to ParkingEye when they were nearly at court stage, pulled it back to a POPLA appeal stage even though ParkingEye had already stated (wrongly) that it was 'too late' for POPLA. It is NOT too late for POPLA, insist on it and they can't easily take it to court. You can make their position very difficult - and maybe a POPLA code and rejection letter will follow as it did here. months after the parking event:

    http://forums.moneysavingexpert.com/showthread.php?p=63990978#post63990978


    IF YOU REALLY WANT TO WASTE HOURS ON IT THEN PLEASE NO NEW THREAD, JUST SEARCH THE PARKING FORUM FOR THEIR NAME AND MAKE A CUPPA AND READ ALL ABOUT THEIR SILLY LETTER CHAINS, AND EITHER SEND ONE ROBUST REPLY OR TOTALLY IGNORE THEM.

    I recommend the second option.

    THAT'S ALL.


    KEEP ALL THE LETTERS IN CASE IT BECOMES HARASSMENT, OR IN CASE THE PPC EVER TRY A SMALL CLAIM.


    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • edited 1 February at 2:24AM
    Coupon-madCoupon-mad Forumite
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    edited 1 February at 2:24AM
    COMPLAINTS (AND COMMON ACRONYMS EXPLAINED):


    Always complain to the landowner/retailer very quickly and assertively:


    Successful complaints about private parking tickets - how to get them cancelled!

    http://forums.moneysavingexpert.com/showthread.php?t=4766249 Look how easy it can be to get these cancelled by a retailer/hotel/landowner!

    Most fake PCNs can be cancelled if it is a retailer car park, simply by COMPLAINING! If you go for the complaint assertively and quickly you won't even have to bother with any of the above appeals/POPLA stuff!

    Look at the linked thread above - I have given typical contact emails in post #3 - for stores, and tips about who to moan at if it's not a shop on site. Also there's a template 'rant' of a complaint letter to give you the flavour of how angry a customer is entitled to be about this utter harassment, particularly if your only error was taking too long shopping!

    Retail Park with lots of stores? Google it and find the management or landowner contact details.


    ****************************************************************************************

    Complaining about an AOS member (BPA or IPC member, anywhere in the UK):

    Contact details for complaints to the BPA or IPC (as applicable to your PPC) and the DVLA below.

    These are useful resources to influence getting parking charges cancelled, such as when an AOS member has not followed POFA 2012 but is still alleging the keeper is 'liable' or if their signage is missing or if they refuse to give you a POPLA/IAS code, or have clearly breached their applicable Code of Practice:


    DVLA:
    Complain every time to the DVLA if your PPC are faffing around not sending you a POPLA or IAS code even if you appealed in time, or have breached the Code of Practice.

    Point out that any breach of the Code of Practice the PPC is signed up to, breaches the KADOE contract to get DVLA data. State that the matter has been escalated to the CCR team because you have no confidence in the data release team to take such a complaint seriously as it's in the public domain that they have dismissed these issues far too many times recently without so much as even supplying a copy of the DVLA complaints procedure leaflet. State that if your complaint is not resolved properly your intention would be to involve your MP and refer the issue to the Parliamentary and Health Service Ombudsman:

    http://forums.moneysavingexpert.com/showthread.php?p=65678397&highlight=#post65678397


    email - [email protected]

    Customer Complaint Resolution Team
    D16W
    DVLA
    Swansea
    SA6 7JL




    BPA:

    email: [email protected]

    Steve Clark
    Head of Operational Services
    British Parking Association
    Stuart House
    41-43 Perrymount Road
    Haywards Heath
    West Sussex
    RH16 3BN




    IPC

    The IPC website has the following info about complaints:

    Compliance Monitoring
    ''The IPC is not able to consider complaints about members unless it is regarding an alleged instance of non-compliance of the Code. Similarly, the IPC are not able to interfere with decisions of Parking Operators in relation to the validity of charges that they issue... If you need to refer a complaint to us then please contact us.''

    IPC email (not that they will likely reply to mere consumers, by all accounts): [email protected]


    *************************************************************************


    Some forum acronyms explained (REMEMBER THAT SOME OF THESE WILL NOT MEAN ANYTHING OUTSIDE OF THE FORUM)


    AOS = Approved Operator Scheme of an Accredited Trade Association such as the BPA (or the new one, the IPC).

    AoS = Acknowledgement of Service (of a claim form). See the second post for the link showing how to acknowledge a claim.

    ATA = Accredited Trade Association (like the BPA or IPC, that means AOS members can get your DVLA data).

    BPA = British Parking Association, merely a Trade Body for its member PPCs (not a regulator & not on your side, however you can use them to complain).

    DPO = Data Protection Officer. Send a SAR to the 'DPO' for all data - check their Privacy page.

    IAS = a 2nd stage 'SO CALLED independent' appeal service, applicable in England/Wales for IPC AOS members only. Pointless.

    IPC = International Parking Community - merely a Trade Body for its member PPCs (not a regulator & not on your side).

    LBCCC/LBC/LBA = Letter Before County Court Claim/Letter Before Claim/Letter Before Action.

    MCOL = Money Claim Online - Google it!

    NTH = Notice To Hirer (if you are the hirer/lessee, e.g. hired or company cars). Easy to win!

    NTK = Notice to Keeper which should be the first letter sent to the registered keeper. See below for how to appeal if in England/Wales.

    POC = Particulars of Claim (the short paragraph on the left middle of a claim form, with very sparse facts).

    PPC = our forum shorthand only, for 'private parking company'.

    POFA 2012 = Protection of Freedoms Act 2012 (specifically Schedule 4 as linked below). England/Wales ONLY.

    POPLA = Parking on Private Land Appeals - a 2nd stage 'independent' appeal service, applicable in England/Wales and for BPA AOS members only.

    SAR = Subject Access Request, under the GDPR (data protection law), as discussed here:

    https://forums.moneysavingexpert.com/showthread.php?t=5849784

    WS = Witness Statement. See post #2. If you have a claim, you must file a Witness Statement (and your evidence and exhibits) before the hearing, as well as the initial defence statement.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • edited 28 March at 11:38PM
    CrabmanCrabman Forumite, Board Guide
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    edited 28 March at 11:38PM
    This thread is for general information only.

    Please do not post questions about your parking tickets in this thread.


    For personalised help and guidance from our wonderful forum regulars (for free :D) please start your own thread by clicking on this link:

    https://forums.moneysavingexpert.com/post/discussion/parking-tickets-fines-parking
    I'm a Board Guide on the Savings & Investments, ISAs & Tax-free Savings, Public Transport & Cycling, Motoring and Parking Fines, Tickets & Parking Boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Board Guides are not moderators & don't read every post. If you spot a contentious or illegal post then please report it to [email protected] (it's not part of my role to deal with this). Views are mine and not the official line of MoneySavingExpert.com

  • madi1990madi1990 Forumite
    1 posts
    First Post
    MoneySaving Newbie
    Hi everyone,
    I have been reading previous forums and have tried to understand the process of setting aside a CCJ. Most posts relate to new addresses and not receiving court orders. I was issued with a parking ticket Some time ago- not sure exactly when but in the last 2 years - from WY parking which has now resulted into a CCJ for £260, I received the letters but I have been so consumed with my cancer diagnosis and treatment that I have not paid attention. I was abroad from aug 19- November 19 having treatment. Fast forward a CCJ was issued April 6th 2020. I called Gladstone who have taken this case on and let them know of the situation.. although the lady on the phone was very empathetic she did say that now the court order has been accepted there’s no way she can undo it, she did however say to me that she has stopped any further enforcement which means bailiffs I think. I am currently on employment support allowance being sick off work and really not sure sure where to start. I don’t want this CCJ to be on my credit file for 6 years but I physically don’t have energy to go through a lengthy appeal. Is my case worthy to fight  Gladstone and complete a NJ44 set aside form? I am afraid if it gets rejected the CCJ will stay on my credit report which I’ve worked so hard to only just get right.
    im sorry if it seems these questions have all been answered I am just extremely confused. 

    Best wishes madi
  • Coupon-madCoupon-mad Forumite
    84.7K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    @madi1990, did you miss or ignore the post above yours, and the entire forum where people post?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • lwitton01lwitton01 Forumite
    1 posts
    First Post
    MoneySaving Newbie
    So I have read the newbies thread and can’t seem to find a template response letter required. I received a PCN in August 2018 after parking in a non-space which was not apparent at the time. I parked in Xercise4less gym car park where I am a member and parked in an area that was not a marked space, albeit the gap where I parked is the equivalent of 4 car spaces, which 3 cars were also parked in the non-spaces so I was unaware this was not a space. After receiving the initial fine I contacted the gym who said to ignore the letter they will contact the parking fine company and to ignore it. I continued to receive letters and the fine had increased from £60-£170 (inc admin fee). I lost my POPLA appeal and contacted PP Legal to explain these situation who continue to threaten to take me to court and now at ‘final notice prior to court commencement’ stage. The letter references the Beavis case, but does state “the time to challenge has expired...any appeal will not be considered unless a substantive reason for litigation not to proceed is provided.” Please help me!! Are there any last minute template letters I can send in an attempt to prevent court?? I’ve looked through the thread and seen the SAR request, but is there another letter I can use?? The only thing ive read other than SAR on here for my case is the completion of defendant stage which I want to avoid. FYI my gym have been useless and continued to tell me to ignore the letters which had got me nowhere. Any advice greatly appreciated 
  • edited 28 April at 2:31PM
    KeithPKeithP Forumite
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    edited 28 April at 2:31PM
    lwitton01 said:
    So I have read the newbies thread...
    What all of it?

    Did you miss the post by Crabman just three posts above yours?
    Well worth a read.


    And to help with that Ralph has kindly repeated it for you. 
    See below. :)
  • Ralph-yRalph-y Forumite
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    This thread is for general information only.

    Please do not post questions about your parking tickets in this thread.


    For personalised help and guidance from our wonderful forum regulars (for free D) please start your own thread by clicking on this link:

    https://forums.moneysavingexpert.com/post/discussion/parking-tickets-fines-parking
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