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Appealing NTK by PE

raptor
Posts: 13 Forumite
Hello guys, I’ve used MSE in the past but this is my first post on the forums. Firstly i am pleasantly surprised at how supportive this website is and how much time you have all dedicated to this section in particular and would like to thank everyone for all the well presented information.
I have spent all afternoon reading the forums including:
NEWBIES!! PRIVATE PARKING TICKET? EVEN AN OLD ONE? ***READ THIS FIRST*** Thankyou!
the information is quite detailed but today is my last day to pay the reduced charge of £60 and i was wondering if its better of paying this than making an appeal and later paying £100 if i loose.
I have prepared my appeal to PE using parkingcowboys template letter and unless i am advised to just pay the reduced fee i will be sending it in via their website.
Background
The driver parked on Breightmet street car park at 7pm on Sunday the 22/12/13 for over 4 hours without purchasing any parking ticket. Quite simply it was my cousins wedding do and we drove into the car-park (directly next door) without noticing that it was a pay and display as it was night and we did not see the sign. Furthermore i really didn’t expect any car park to be still charging on Sunday at 7pm as most car parks don’t operate in these hours. I have now checked the sign on Google and it does not state it was a 24 hour car-park. I am apparently not the only one who did not realize and a couple of other people who attended the wedding also were fined and have already paid there fees.
Should I send in the appeal or should i just pay the reduced amount?
regards
Raptor
EDIT: I’ve got picture of the car park but can’t upload them as I’m a newbie
I have spent all afternoon reading the forums including:
NEWBIES!! PRIVATE PARKING TICKET? EVEN AN OLD ONE? ***READ THIS FIRST*** Thankyou!
the information is quite detailed but today is my last day to pay the reduced charge of £60 and i was wondering if its better of paying this than making an appeal and later paying £100 if i loose.
I have prepared my appeal to PE using parkingcowboys template letter and unless i am advised to just pay the reduced fee i will be sending it in via their website.
Background
The driver parked on Breightmet street car park at 7pm on Sunday the 22/12/13 for over 4 hours without purchasing any parking ticket. Quite simply it was my cousins wedding do and we drove into the car-park (directly next door) without noticing that it was a pay and display as it was night and we did not see the sign. Furthermore i really didn’t expect any car park to be still charging on Sunday at 7pm as most car parks don’t operate in these hours. I have now checked the sign on Google and it does not state it was a 24 hour car-park. I am apparently not the only one who did not realize and a couple of other people who attended the wedding also were fined and have already paid there fees.
Should I send in the appeal or should i just pay the reduced amount?
regards
Raptor
EDIT: I’ve got picture of the car park but can’t upload them as I’m a newbie
0
Comments
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neither
send them this stroma version insteadDear Parking Eye,
As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:
1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass
These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.
If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.
Please issue your cancellation within 35 days of this letter, or forward a popla verification code.
Faithfully
you can also add a point about the signage , saying you have checked it as RK but dont mention the driver not paying etc, its all adding to their evidence
remember the old adage, "NO COMMENT" !!!
ps:- nobody was fined !! they are not allowed by law to fine you, only a court or judge can FINE you
its a parking charge invoice
edit, you can put the photos on photobucket or similar and just add the link to here in non-clickable format
bear in mind anything on google may be out of date0 -
As above.
BTW - it's not the last day you can pay the reduced charge of £60 - it's the first day you can realise you don't need to pay ANYTHING.
PS - I must need glasses. I thought this thread was titled Appalling NTK by PE.:rotfl:
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I have prepared my appeal to PE using parkingcowboys template letter and unless i am advised to just pay the reduced fee i will be sending it in via their website.
If it's the one that starts 'Without prejudice, save as to costs', followed by a list of questions for the PPC, forget it. It's too long, it can be misconstrued as not constituting an appeal, PE will have seen hundreds of them. The 'without prejudice' is totally out of context at this juncture. It's likely to prolong things rather than conclude them.
Use Redx's suggestion above.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 Street0 -
Thanks for the quick and detailed advice guys. I'll be sending in the appeal as redx has specified.0
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If it's the one that starts 'Without prejudice, save as to costs', followed by a list of questions for the PPC, forget it. It's too long, it can be misconstrued as not constituting an appeal, PE will have seen hundreds of them. The 'without prejudice' is totally out of context at this juncture. It's likely to prolong things rather than conclude them.
Use Redx's suggestion above.
That was the one I was referring to. I had cut bits out to personalise it but ill scrap it and go with redx's one0 -
Its also worth sending a copy in the post , as they often loose stuff.
When you get your rejection come back here for help on how to win at PoplaProud to be a member of the Anti Enforcement Hobbyist Gang.:D:T0 -
kirkbyinfurnesslad wrote: »Its also worth sending a copy in the post ...
... and getting a (free) certificate of posting from the PO. No need to send recorded/registered - in fact it is better NOT to do so as PPCs have a habit of not signing for them, so the appeal would not be received.0 -
I am apparently not the only one who did not realize and a couple of other people who attended the wedding also were fined and have already paid there fees.
What naïve idiots they must be...by the way, we win 100% of POPLA appeals and you will too, this is easy.
Fined? Fees?! Neither!
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »What naïve idiots they must be...by the way, we win 100% of POPLA appeals and you will too, this is easy.
Fined? Fees?! Neither!
Awesome you just made my day! (or night) :j0
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