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CPS parking ticket - please help!

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 15 January 2014 at 9:47AM
    the point here is that the legalese" means something and is the main method of appealing, especially if this went to popla and to court

    that appeal you posted suited their circumstances and had a lot of legalese in it, quite a lot of those facts and paragraphs had nothing to do with your case

    too often people try to find a case identical to their own, when there may not be one

    a simple appeal is such as this
    cancel or send me a popla code
    a standard appeal letter is such as this
    Dear UKCPS,

    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 you company is denied on the following:

    1) this charge is not a genuine pre-estimate of loss
    2) your signage does not comply with the BPA Code of Practice
    3) you do not have the authority or permission to issue invoices at this location

    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 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 supply a popla code to appeal to them.

    Faithfully
    but because you replied last night, I looked through this thread and you said earlier in it that you had read the newbies thread, well clearly if you had read it, you would have seen the soft-appeals with about 6 links listed, the third one down takes you to pepipoo and the pdf you download was a successful appeal to UKCPS and seemed more like what you could use IMHO and was for the correct PPC too

    reality check :-

    of course, the fact is that if you dont agree with me that is fine, but you asked for an opinion so I replied last night and yet again today, my opinion being that your version of looking for a suitable appeal does not match with my "looking for a suitable appeal"

    I believe that there are some of the soft appeals posted on here that are suitable, and I gave you 3 above , but the choice is yours and I believe you will have to make at least one of them suit "your circumstances" which means spending some time on it and you were given links in post #2

    one thing I will say is this, if you thought that making a soft appeal was difficult, its nothing compared to the appeal you will need to lodge with popla when ukcps turn you down and issue a popla code !!

    also, if this ever went to an LBCCC or to actual court, the time and effort you would have to spend on rebutting the opposition and working on your defence would be mind boggling in comparison to the soft appeal and popla appeals

    pardon my bluntness , but you did ask !! so hopefully this will post will galvanise you into doing the work you were asked to do in the earlier replies

    hopefully you will make a decision on what suits your circumstances the best, but if you require professional help then seek one out , we are almost all amateurs here just trying to help out for free !

    I certainly have no intention spending hours reviewing your case and then spending time looking for an exact appeal based upon it, that is your job , not mine - sorry
  • Thanks for taking the time to reply redx, I do appreciate it and can see where you're coming from.

    The pdf that I downloaded (for the same parking company) was the third link down on the sticky thread that you're referring to (the pepipoo one), so I'm not sure if we're looking at different things? As that is the one that i've altered in my above post and you said you thought was unsuitable?

    This is the link I followed http://forums.pepipoo.com/index.php?showtopic=82050&st=20&p=882435&#entry882435

    which was post #1 on the Newbies sticky, in this section:
    Here's a few strong examples which can get a PCN cancelled without even bothering with POPLA stage:

    Please could you let me know which bit the link you refer to is in, if it's a different one, so that I can see if it's one I looked at last night?

    I read through the stickies and loads of examples, I have put some time in to read things. I just wasn't sure which level to pitch it at, as some seem to go into a lot more detail than others at the appeal stage and they seemed to be the ones that got cancelled before going to popla.

    I'm sorry if you felt that I was asking without doing my own research, believe me I've read the stickies!

    I know it will take time to do popla etc, I'm just trying to move house too this week so my mind is a bit all over the place. Almost wish i'd just paid when it was £60!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    yes , carpark1redacted was that pdf

    all I can tell you is to make up your own mind whether you go for simple , a bit more, or a long one

    the fact is that you parked your car on private land where it should not have been parked and you got a ticket for it, that I agree with , if it was my land I would do the same - no question

    but the punishment does not fit the "crime" which is why I help people on here, had it been the OFT recommendation of £12 I would not help you at all because I believe you deserve to pay something and it has cost them time and money (I am being honest here) because you do not have the right to just park your car anywhere other than on your own land, which is where my car is at this moment

    I also understand you are moving and dont have the time , well everybody has a story and I dont see any mitigating circumstances in yours , apart from bully boy tactics by ukcps

    this explains why people help you and others , so please read it https://forums.moneysavingexpert.com/discussion/4835943

    I just cannot understand why you would copy and paste something so different that it took me over 10 minutes of checking it and comparing it to your original post before I realised that you were wasting my time in asking for it to be checked because I realised you had not done any work on it at all - that is what annoyed me - then I found out that by following the CM breadcrumb trail and checking 6 soft appeals that the pepipoo one had some merit instead

    my advice to you in future is do some of the work when pointed at it and then ask for checking , not just copy and paste anything that has the words ukcps and park in it ;)
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    This is my issue then - I move out next Saturday and have no way of getting post after that date as I'm moving cities and it's a rented flat!

    Why not get Royal Mail to re-direct your mail?
  • fisherjim wrote: »
    Why not get Royal Mail to re-direct your mail?

    I do plan to do that, but the post where I live is shocking - the postie doesn't bother putting things in the boxes. Plus there's another building with almost identical address and the two get mixed up, even in address finders etc, so I'm not convinced the redirection would be reliable, at the minute all the residents repost eachothers mail to the correct buildings!

    I'm just crossing my fingers that everything gets to me that should!
  • Redx wrote: »
    yes , carpark1redacted was that pdf

    all I can tell you is to make up your own mind whether you go for simple , a bit more, or a long one

    the fact is that you parked your car on private land where it should not have been parked and you got a ticket for it, that I agree with , if it was my land I would do the same - no question

    but the punishment does not fit the "crime" which is why I help people on here, had it been the OFT recommendation of £12 I would not help you at all because I believe you deserve to pay something and it has cost them time and money (I am being honest here) because you do not have the right to just park your car anywhere other than on your own land, which is where my car is at this moment

    I also understand you are moving and dont have the time , well everybody has a story and I dont see any mitigating circumstances in yours , apart from bully boy tactics by ukcps

    this explains why people help you and others , so please read it https://forums.moneysavingexpert.com/discussion/4835943

    I just cannot understand why you would copy and paste something so different that it took me over 10 minutes of checking it and comparing it to your original post before I realised that you were wasting my time in asking for it to be checked because I realised you had not done any work on it at all - that is what annoyed me - then I found out that by following the CM breadcrumb trail and checking 6 soft appeals that the pepipoo one had some merit instead

    my advice to you in future is do some of the work when pointed at it and then ask for checking , not just copy and paste anything that has the words ukcps and park in it ;)

    Thank you redx - I have drafted an alternative that is somewhere in between the one that I originally posted (ie using the parkingcowboys template) and your suggestion.

    I completely agree with you - I parked there when I shouldn't have and would happily pay a charge. My revised letter has more emphasis on the disproportionate fee and the inadequacy of signage.

    When I was at home last night I couldn't open the standard template that the pepipoo one was drafted from, my computed kept opening a complressed file of complete gobbledygook! But I've manage to open it at work this morning and can now see the difference between that, and the one that I originally edited. I, incorrectly, assumed that some of the bits were 'standard' bits that could also apply to me.

    Thank you for your time anyway - I appreciate your responses. I kow being busy isn't an 'excuse' but it does mean I'm not able to devote quite so much as attention to this as I'd like to this week, so Ido apologise if you think I was wasting your time, it wasn't my intention to.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if you download and install the free program adobe reader on your pc or laptop and make sure it is assigned to open any pdf then you will be a lot better off (or foxit)

    glad you can see the difference now because it made much more sense to me and I found it within 5 minutes of "looking" and could not understand why that one had not been adapted

    hopefully you now have what you need to carry on with the soft appeal
  • I've never had pdf problems before but it just wasn't playing ball last night at all - Even when I saved the file and 'open with' it didn't work. Never mind, have managed to get it now!

    I do definitely see the difference now and I feel much more comfortable with the version I now have.

    Thanks again for your time, I will keep an eye out for their response!
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