Parking Ticket

annoyed_mom

but we are of the same address, I need to add this to get correspondence. I see, I can put my details down but just say "the driver" of this vehicle received a ticket which does not comply with BPA regulations as the word PENALTY cannot be included in any signs, and I will be reporting the College and also Ethical Parking Management to the BPA.
Is the college also aware that they will be committing a criminal act if they allow their agents to clamp cars.
I therefore demand that the College contacts their agents to get this Contractual Breach Charge cancelled immediately.
Does that sound about right?
Should i mention to the college that a person under the age of 18 is not allowed to enter into a contract? or save that for the appeal

Hovite_2

annoyed_mom wrote: »

but we are of the same address, I need to add this to get correspondence. I see, I can put my details down but just say "the driver" of this vehicle received a ticket which does not comply with BPA regulations as the word PENALTY cannot be included in any signs, and I will be reporting the College and also Ethical Parking Management to the BPA.
Is the college also aware that they will be committing a criminal act if they allow their agents to clamp cars.
I therefore demand that the College contacts their agents to get this Contractual Breach Charge cancelled immediately.
Does that sound about right?
Should i mention to the college that a person under the age of 18 is not allowed to enter into a contract? or save that for the appeal

Everything except the last bit - save that bullet for later.

4consumerrights

annoyed_mom wrote: »

but we are of the same address, I need to add this to get correspondence. I see, I can put my details down but just say "the driver" of this vehicle received a ticket which does not comply with BPA regulations as the word PENALTY cannot be included in any signs, and I will be reporting the College and also Ethical Parking Management to the BPA.
Is the college also aware that they will be committing a criminal act if they allow their agents to clamp cars.
I therefore demand that the College contacts their agents to get this Contractual Breach Charge cancelled immediately.
Does that sound about right?
Should i mention to the college that a person under the age of 18 is not allowed to enter into a contract? or save that for the appeal

The first part is fine but change the bit quoted below:

Replace this paragraph:

I therefore demand that the College contacts their agents to get this Contractual Breach Charge cancelled immediately.
Does that sound about right?
Should i mention to the college that a person under the age of 18 is not allowed to enter into a contract? or save that for the appeal

with the following:
In view of the aforementioned illegal wording on the signage and breach of British Parking Assoication's Code of Practice, I therefore demand that the College contacts Ethical to get this parking charge cancelled immediately and I look foward to receiving this confirmation in writing within 10 days .

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

Do not highlight a the fact they are attempting a contractual breach and NO do NOT mention at this stage your son being under 18 as you are identifying him as the driver.

bod1467

The NtK shouldn't arrive until between 11th Dec 2013 and 7th Jan 2014 by my quick calculation. (29 to 56 days after the parking event, assuming one is even sent). Outside of this period and it is then non-compliant with PoFA and thus there is no keeper liability.

Even so, you could still appeal to POPLA and win anyway.

annoyed_mom

Here goes letter done, I'll let you know how it goes. hopefully I won't need to go further, but I may be asking for more info if it does. Thank you all

Coupon-mad

DO NOT appeal to Ethical straight away. The BPA want you to because they represent the PPCs, the dark side! They are not an unbiased regulator or anything. Your position as keeper is stronger to wait for the NTK as explained in the link given in post #2. Also do not name the student involved when dealing with the BPA or 'Ethical', as you should not be giving away the driver in written comms.

Guys_Dad

I would be quite specific and clinical.

Look here http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

See 14 Misrepresentation

I quote

14.1 You must give clear information to the public about what parking activities are allowed and what is unauthorised.
You must not misrepresent to the public that your parking control and enforcement work is carried out under the statutory powers of the police or any other public authority. You will be breaching the Code if you suggest to the public that you are providing parking
enforcement under statutory authority.

14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’.

You write back to the PPC saying that they are in breach of the BPA Code of Practice and quote that chunk of text. Be specific.

Tell them that you have been informed that they had been previously told by the Uni that the wording had to be changed and they had not complied.

Give them 7 days to drop the charge or you will raise a formal complaint with the BPA demanding they issue sanction points, that you will raise the point with the Principal of the college and you will ensure that you will appeal to POPLA using the non-compliance of the signs failing to meet the BPA requirements as an appeal point.

I would say that you are willing to work on the quid pro quo that you misread the requirements of the college parking system and that you have now corrected the problem and are willing to let matters drop with the BPA et al if they drop the ticket this time.

annoyed_mom

Nothing heard from the college yet, but only been a couple of days.
BPA have said that the sign looks like a land owners sign and not from Ethical Parking Management, they will contact Ethical for them to look into this. I have this email for evidence now if things do go further.
I have not made our appeal to Ethical yet as waiting for the NTK, its been 7 days now so only 7 more for reduced fee :eek:
Just hoping the college gets back and say they will cancel it, but I'm doubtful.

xemopunkx

annoyed_mom wrote: »

Nothing heard from the college yet, but only been a couple of days.
BPA have said that the sign looks like a land owners sign and not from Ethical Parking Management, they will contact Ethical for them to look into this. I have this email for evidence now if things do go further.
I have not made our appeal to Ethical yet as waiting for the NTK, its been 7 days now so only 7 more for reduced fee :eek:
Just hoping the college gets back and say they will cancel it, but I'm doubtful.

@annoyed mom I think that you are focusing too much on the way the notice is formed and you start to feel that you are loosing if you are not paying it straight away. After reading about the subject more and being in a similar situation currently I would advice against any rush action as it in fact works for them and this is the sole reason why any notice is worded in this fashion. If you think about this there is no reasonable explanation why the charge gets inflated over time no body offers such an interest to make them argue this is a reasonable loss for them if you not pay it after 2 weeks.

I would read more about it and complain to every possible place. Then as everyone suggest wait for the Notice to Keeper (NtK) to arrive.

Particularly useful for me was to read the POPLA web site where they explain the process of appeal as they write it in a neutral way. This is from there that you may see that to have any chance in the appeal process you have to go via POPLA, as the company who gave you the notice will most certainly reject your appeal. In order to do so you must go via this long and tiresome process waiting for the NtK and so on.
link..popla.org.uk/receivedaPCN.htm

In the end it is worth to wait, I believe, as no matter the result you will be better prepared for the next time this situation happens.
Paying them is the worst action to take. They only fill their pockets with your money where you have actual made no loss to them even if they try to make you feel otherwise. For instance, in my case my car was parked right though they still gave me the notice claiming otherwise.
Also in my case the company loss will inflate after 14 days from 60 to a 100 pounds. Tell me where is explanation in that?

Coupon-mad

annoyed_mom wrote: »

Nothing heard from the college yet, but only been a couple of days.
BPA have said that the sign looks like a land owners sign and not from Ethical Parking Management, they will contact Ethical for them to look into this. I have this email for evidence now if things do go further.
I have not made our appeal to Ethical yet as waiting for the NTK, its been 7 days now so only 7 more for reduced fee :eek:
Just hoping the college gets back and say they will cancel it, but I'm doubtful.

You are missing the point. The '7 days' matters not a jot as you won't be PAYING them!

Take your eyes off the discount bribe on the fake PCN and relax, we know what we are doing and will help you win at POPLA once you get the appeal started at NTK stage (gives you the strongest appeal points as keeper, not driver). You are simply waiting for a rejection letter from 'Ethical'(LOL!!) which might not arrive till next month. So what! you just want your POPLA code so you can have fun beating them with our help.