PCN - Car Park Management

Bradden

HI

I got my first ticket in years last night. Parked in Village Hotel Farnborough in a Disabled bay without a Blue Badge. I had an urgent bathroom need so parked in the nearest available spot!

There were plenty of other free spaces so I wasn't preventing any legitimate disabled people from parking.

I'm not sure what the best way to deal with this PCN is.. could someone advise me.. should I appeal to them or POPLA.. or ignore?

Last time I got a ticket the general advice was to ignore but this was before POPLA.

Thanks

martmonk

Read the 'Newbies' sticky.

All you need is in there.

bod1467

And edit your photo to remove the reference number and issued by details. PPCs tend to trawl (troll?) this forum and such information will allow them to identify your vehicle.

Coupon-mad

Yep, read the 'Newbies read this first' sticky thread but also take heed from lesnmandy's recent loss at POPLA which is being contested. The wording of that sign looks the same as in their thread - and I think it's the same PPC - so you will need a stronger POPLA appeal wording in case you get the same POPLA Assessor they did, at stage two of appeal. Do not just send it without checking here first and reminding us that your case is like lesnmandy's (otherwise we might wave your standard POPLA wording through without a second thought).

So as well as reading the NEWBIES FAQs sticky (read that one first so you know the basics) then you'll need to do a quick search for 'lesnmandy' or 'UKCPM' as keywords.

Bradden

Thanks..I have read the current advice and will appeal once I have received the charge in the post.

Bradden

I received my letter last Fridayi(14th) dated 8th March. I will draft a response and post here for you approval.







Just wondered should part of my appeal be about the length of time the letter took?


There is no sign at the entrance.



There are sign in the car park @ 2.75m High is this of any use in my appeal?








I'll draft a letter an post here later.

This is the original ticket



Thanks

Hot_Bring

You've left traceable personal details on that photo and should remove them.

Bradden

Hot_Bring wrote: »

You've left traceable personal details on that photo and should remove them.

Thank you!

I've edited and (hopefully) removed the personal info.

Hot_Bring

Bradden wrote: »

Thank you!

I've edited and (hopefully) removed the personal info.

Looks much better :money:

Stroma

The NtK to keeper is invalid as they don't mention who the creditor is, so they cannot pursue the Registered Keeper. So a complaint to the dvla and bpa should be done.

Also the charge of £1.50 for using any card means that is an extra revenue stream, which makes it unlawful I believe. The sign could mean that blue badge holders must park in those bays only.

And unless its on the back there is no mention that this can be appealed.

Bradden

Thank you.

Should I initially appeal to them directly about the NTK and see what they say before complaining to the DVLA & BPA?

I forgot to add the back of the letter.

I will include in my appeal the fact they don't mention the creditor - Thanks.

This is the appeal I sent:


As the registered keeper, I have received your parking invoice which of course, I decline
your invitation to pay. I wish to invoke your appeals process, since all liability to your
company is denied on the following basis:

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 your ATA Code of Practice and was not sufficiently
prominent to create any contract. Additionally the sign has a white font on black and is
very unclear especially in the winter in bad weather or bad light.
3) You are not the landowner and do not have the standing to offer contracts nor to
bring a claim for trespass.

Please issue your standard cancellation letter or a specific, detailed rejection letter. If
you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your
signage was not seen/accepted by the driver and your recent Notice failed to make the
basis of the charge clear. As keeper, I cannot be expected to guess the nature of the
allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the
liquidated damages suffered, and by whom, and when this calculation was determined
and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum
no matter whether the alleged contravention was trivial or more serious and how that
can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the
liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and
explain the daily rate for parking and service provided for the fee. Failure to provide this
information and a VAT invoice now that I have requested it, will be considered evidence
that this was not in fact a genuine offer to park for a fee and is merely a penalty which is
not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476)
21/2/2014).
4) The Notice to Keeper doesn't identify the creditor and so there is no keeper liability
under POFA2012.



Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will
constitute harassment. If you continue, your contact and that of any agent will be
deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in
Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I
reserve the right to take the matter further. You have been informed that I consider this
to be harassment so any decision to send further letters rather than cancel the invoice
will reinforce the evidence of your persistent unwarranted threat and you may be
required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging
I am too late or unable to appeal as keeper or requiring more evidence when clearly I
have already set out my full challenge for this stage, will be reported to the DVLA and to
your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform
you that I may claim my costs from you and my time at the court rate of £18 per hour.
The expenses I may claim are not exhaustive but may include the cost of stamps,
envelopes, travel expenses and legal fees as well as liquidated damages for distress
arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail
and you acknowledge and imply full understanding of the above.