Pay & Display Parking Fine

Ickle73

Hi,


I apologise if this has been covered somewhere else but I've been unable to find an answer on the forum.


I received a parking fine from a private company concerning the incorrect display on my dashboard of a pay & display ticket.


In my naievty I've already had a few polite, but terse emails to the companies own appeals process before reading any advice from this website. I wrongly assumed that the company would simply rescind the 'fine' if I provided evidence that the ticket was valid.


I'm adamant that I'm not going to pay the initial fine of £50 rising to £100 if payment is not received within 14 days from today.


I've ended my last email with the following:


'As I’ve previously pointed out this is a simple contract law issue. For a court to award you any costs relating to breach of contract you have to have incurred a loss, I’ve demonstrated that you haven’t. If in the incredibly remote scenario that you are deemed to have incurred a loss it will be at the cost of the ticket and not at some arbitrary inflated fee you have generated yourself. Do you see the problem here? I have a ticket.'


My question is this, am I right in saying the above? Has anyone had a similar pcn overturned? If this did reach court what would be the outcome?


Many thanks

Redx

its definitely NOT a FINE , its a parking charge invoice

it cannot be a fine because neither a court nor a judge issued it

therefore you have used the wrong legal term

now that is sorted out, please read this https://forums.moneysavingexpert.com/discussion/4816822

bear in mind that this can go to popla, or eventually yes it can go to court, as quite a few do reach court , some of which you can d/l and read from parking pranksters website

this is a typical appeal to a PPC

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 your 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

as for your questions

Has anyone had a similar pcn overturned?

this sticky thread answers that question https://forums.moneysavingexpert.com/discussion/4766249

If this did reach court what would be the outcome?

https://forums.moneysavingexpert.com/discussion/4816822 has a court section with links in it

at worse you get a judgement against you in court, non-payment within 28 days means a CCJ and enforcement

Coupon-mad

I've been unable to find an answer on the forum.

How can a poster not find the answer on the forum when the sticky threads of FAQs are permanently there at the top? Sorry - I am really not criticising a newbie asking for advice but how come the one saying 'NEWBIES READ THIS FIRST' didn't answer your questions? I am genuinely confused and wish the stickies were bigger!