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What should I do?

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Dear MSErs,

I had a Private parking charge, and have written to the Director of the store I was parked on to ask him to write this off. Meanwhile I only have about 9 days left from date of PCN to appeal.

Should I also appeal to the parking company? I was a genuine customer having a meal on premises and doing some work at same time. I didn't keep the receipts and paid cash. I overstayed the max free parking time. When I parked up I didn't notice any signs.

I saw something on another thread about waiting for a 'notice before court proceedings' do I need to wait for that before I appeal?

Finally, what is best angle to go for for grounds of appeal?

many many thanks for all advice!

This is causing me a migraine!

SFG x
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Comments

  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    First Post Combo Breaker
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    Read here http://forums.moneysavingexpert.com/showthread.php?t=4816822 and your questions will be answered.
  • superflygal
    superflygal Posts: 1,122 Forumite
    edited 29 November 2013 at 11:56AM
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    Thank you Guys Dad!

    Ok here is a draft of letter to parking company, this is my first letter and is really just a vehicle to get the POPLA code!



    Dear Sir/Madam,

    I refer to an invoice sent addressed to me, for the sum of £100 for an hour's parking at xxxxxx.

    Your images firstly show a vehicle, not registered to me, on what appears to be a road in an unidentifiable location, the second image shows a headlight and a number plate of the same vehicle. with apparent times in the top left corner of the images.

    I do not wish to pay this amount since

    A) The images show nothing other than the front section of a car with the same numberplate visible in daylight, and night.
    B) £100 is an outrageous sum for an hour's parking
    C) Signage was unclear about any limitations
    D) The driver was a paying customer

    I would invite you to cancel this charge as I fail to see how you in your management duties of the car park or the landowner have lost any money or incurred any costs. I would like a detailed breakdown of losses. I would also like to see a copy of the contract between yourselves, and XXXXXXXX.

    I would also like all copies of all images you hold pertaining to this incident, and since these would have to be produced later on in court, I do not expect to be invoiced for these also. I would also ask when the cameras were last calibrated.

    Should you refuse my request to cancel the charge, I look forward to receiving my POPLA code to further my complaint against you.

    Yours sincerley,



    Would be very grateful for any feedback, as I want to print and send today!

    SFG x

    PS this whole business is so annoying! I am a working mum and there aren't enough hours in the day to deal with proper things let alone this trumped up nonsense!!!!
  • superflygal
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    I just want to make a big shout out too, to all you guys and gals on here helping people out and acting as free legal advisors! You really are awesome thank you so much! X
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    Your images firstly show a vehicle, not registered to me, on what appears to be a road in an unidentifiable location, the second image shows a headlight and a number plate of the same vehicle. with apparent times in the top left corner of the images.

    If this vehicle is not registered to you, how do they have your details to issue you with a Notice to Keeper?

    Are you saying the vehicle in the picture is the 'wrong' vehicle entirely, or that it is the 'correct' vehicle, but you're not its Registered Keeper?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • superflygal
    superflygal Posts: 1,122 Forumite
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    OK, I gave another name to reset clock as I had missed appeal time. This is the second notice, to the new name.

    I am implying the images are of poor quality, and I thought it important not to admit who the driver was(?) so am keeping response ambiguous to that effect.

    SFG x
  • superflygal
    superflygal Posts: 1,122 Forumite
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    I gave my husbands name as the person who was generally driving the car at the period the PCN was issued.

    I am now drafting letters and starting to fight this on his behalf (so writing them as him, for him to sign), as he wouldn't be as proactive.

    SFG x
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    The letter is OK, it's only the first stage of the process in getting the POPLA code.

    It's a bit ambiguous in your reply above about who actually was the driver, but no regular adviser on MSE would ever recommend anyone to be 'convenient' with fact.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • superflygal
    superflygal Posts: 1,122 Forumite
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    Thank you Umkommas,

    The fact that they are causing me all this extra work and stress is making me want to fight them all the more!

    SFG x
  • The_Slithy_Tove
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    Sounds like he's making threats that are not warranted. How much of a pillock will he look if he goes to your place of work, something completely unrelated. It could possibly the classed as harrassment if he carries out his threat (and thus actionable). If this store is part of a chain, definitely worth complaining to head office about the unprofessional and threatening behaviour of the director.
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    Do they have a Facebook page? You could add a little bit of embarrassment there for him :D.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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