Parking Charge Notice

Paul7285

I returned to my vehicle to find a PCN attatched to the windscreen. I have been reading the forum & sticky threads and have drafted a letter of appeal but I would like to know if there is anything specifically I should add.

The car park in question provides parking for a few hours with no pay and display facilities to increase this. I believe there is no CCTV - as the "evidence" provided for the "offence" is a couple of time/date stamped photos uploaded to their website - all of which were taken at the same time the ticket was issued and no photos showing the time/date of when the vehicle was apparently "first seen"


Does the company have to provide photographic evidence of when the vehicle was first seen? And do these photos have to show the contractual signs?

SevenTowers

Paul7285 wrote: »

I returned to my vehicle to find a PCN attatched to the windscreen. I have been reading the forum & sticky threads and have drafted a letter of appeal but I would like to know if there is anything specifically I should add.

The car park in question provides parking for a few hours with no pay and display facilities to increase this. I believe there is no CCTV - as the "evidence" provided for the "offence" is a couple of time/date stamped photos uploaded to their website - all of which were taken at the same time the ticket was issued and no photos showing the time/date of when the vehicle was apparently "first seen"


Does the company have to provide photographic evidence of when the vehicle was first seen? And do these photos have to show the contractual signs?

Have you received the RTK through the post? If not, don't submit anything until you do.

Don't worry too much about what you put in the appeal, the PPC is almost certain to reject it, the objective is to get a POPLA code, and that is where you will get the ticket cancelled.

Coupon-mad

Which PPC please and what exactly do these signs say (a picture would be good). We can't get complacent and assume that every case will win on no GPEOL - and the signage is key. As is knowing which PPC.

Paul7285

Thanks very much for your quick response!

The company is Parking Ticketing LTD.

I will visit the location over the weekend and obtain a picture of the sign.

Coupon-mad

Thanks, I would like to see the sign as PTLtd are a rare small PPC we don't deal with much. No worries though - a glimpse of the signage wording will tell us where we are with them!

Paul7285

Coupon-mad wrote: »

Thanks, I would like to see the sign as PTLtd are a rare small PPC we don't deal with much. No worries though - a glimpse of the signage wording will tell us where we are with them!

I have uploaded a copy of the sign :

i.imgur.com/MG9wpLn.jpg

spacey2012

When "appealing" be very careful indeed not to admit anything that could be used against you in a county court that you may have to rely upon them to prove.
Some of the appeals written are handing parking companies a case on a plate and removing very important defence points.
The onus must remain on making them prove everything.

Redx

might be an idea to tell us the nature of the "offence" too ?

overstay ? returned within 2 hours ? not parking correctly in marked bays ?

do not appeal until you receive more guidance on this as mentioned above too many people say I did this etc instead of keeping stum, the less said the better

Paul7285

According to the ticket, the reason for issue was "over stay".

Should I upload a copy of the draft appeal letter? I am slightly hesitant as it appears that these PPC's have trolls all over sites like these.

Redx

dont send this but compare this typical one by stroma to yours, note its appealing as RK and not driver , the driver is never mentioned

also bear in mind that the advice is always to wait for the NTK so if you havent got one, you should wait for one before appealing

Dear PPC,

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

Paul7285

According to their website ptlappeals it states the following :


General Overview


Parking tickets and charges, especially those issued on private land are hot topics for debate often fuelled by armchair lawyers who use various media such as the internet as their soapbox - As with many aspects of the internet this advice is very often ill founded and the people giving it are not legally qualified in any way and very often hide behind aliases and appear on many forums under multiple identities.

Charges issued by PTL are based on agreement to pay a set parking charge, in the majority of cases this is £60 if paid within 14-days - for parking charges not paid and referred for legal collection the charge increases to £150 or more to cover additional administrative expenses to enforce the debt plus legal costs (these are clearly defined at the time the contract is made).

When a ticket is issued on behalf of PTL we ensure that photographic or CCTV evidence is taken thereby showing the vehicle parked in clear view of a sign and therefore by the actions of parking you are deemed to have accepted all conditions on display.

PTL are one of the few companies that rigoursly pursue unpaid parking charges via the courts and all cases are dealt with by our retained legal experts, that specialise in such cases- thereby ensuring a consistent enforcement policy.

The statement that parking companies never win cases is a total myth and we produce a small sample of cases taken to court by PTL with the company and defendant present, many different avoidance defences were used but the court was satisfied that the parking charges were issued correctly, the signage clear and of a type that is bound to have been seen by a reasonable person and more importantly that our parking charges were fair.

Please click here for a breakdown of costs.

Unfortunately many of the cases taken to court have been led into the belief that parking charges were not enforceable and by defending a case it would either be not pursued or be thrown out - this advice has come from various internet/advice forums and has resulted in an original charge of £60 costing the defendant at least 3-times that amount, a County Court Judgement being issued (which could make getting credit very difficult for upto 6years) and time/money spent by a defendant preparing a defence and attending court.




Parking Charge Notices Appeals

All drivers can appeal against a parking ticket by following the procedure below:

All appeals must be in writing only (they will not be dealt with over the phone)
All appeals must be received in our offices within 14 days of the date of the issue as dated on the PCN in order to freeze the payment at a lower rate.
All appeals will be responded to within 14 days.
Please note that appeals are based upon evidence only.
Please check our FAQ's page if you are unsure about your appeal - click here

Please view appeals submitted to POPLA (the independent Appeals body) by defendants that have been refused, meaning the the discounted rate no longer applies, the PCN will be at the full charge of £100.00 - click here

Appeals can be made by post or online (we recommend you do so online as postal appeals could be late arriving in our offices due to postal delays). Click here to appeal online.

Or by post:

Appeals Dept

Parking Ticketing Ltd

83 Ducie Street

Manchester

M1 2JQ

As of 1st October 2012 you will have the right to a fully Independent Appeals Service, POPLA, you must Appeal to us first and should we reject your Appeal we will then forward the documentation and relevant code for you to submit an appeal to POPLA visit here

Please Note: Should payment or appeal of the Parking Charge Notice not be received within 28 days of the date issued, the matter will be passed to our Debt Recovery Agents. At this point, the discounted charge will no longer apply and the charges will have increased as displayed on the PCN and the signage of Contract when the vehicle was issued with the PCN.

Photographic Evidence:

Drivers should note before making an appeal that all vehicles are photographed by digital camera, which is date- and time-stamped showing the reason for issue of the PCN.

Photographs will be passed over to a specialist debt collection agency and used as evidence in any court case against you.

Please note that we do not enter into multiple appeals.