Parking Fine - Adam Street, Cardiff

Mjhlraggett

Hi, I'm hoping for some sound advice please regarding a parking notice (PCN) issued on my vehicle at Adam Street car park, Cardiff. On 17th Jan, the required amount was paid and the ticket left on the dashboard as usual. On return, there was a PCN notice stuck to the car with breach code 01 "parked without displaying valid payment", asking for £100, reduced to £50 for early payment within 14 days. Unfortunately the ticket was face down on the dashboard.

I appealed the notice with Vinci, who rejected as expected, and they provided me with photo evidence of the reverse side of the ticket. The basis of my appeal is that the tickets are flimsy and feather-like, non-sticky, risking that the ticket has overturned (possibly even by wind in closing the door). I have the ticket, and on receipt of their response, I re-appealed to them, advising that my ticket number (which I believe to be a unique code on the front and reverse of the ticket) agrees to the number on their photograph. Anyway, they are having nothing of it and have issued me with a standard response, not disputing that I have paid, but saying there is a failure to display, thereby breaking the terms and conditions.

They have provided a POPLA form, so I guess this will be my next step. I am not going to pay them because I noticed an identical case to this posted by Brynglas on 3/10/13, in the same car park. Following advice, Brynglas wrote to POPLA along the lines below, and posted again on 11/12/13, with POPLA's verdict, allowing the appeal. I intend to do exactly the same, but wanted to double check with the forum in case there is any further advice that I should factor in. I would really appreciate any feedback, comments or suggestions. I have a few weeks to get the POPLA appeal sent in.

Here is Brynglas' appeal letter to POPLA:

With regards the request for payment of £100 for breach code 01 - parking without displaying a valid payment. The amount claimed by Vinci is liquidated damages and, as such, the Operator may only charge a genuine pre-estimate of loss that a rise from the alleged contravention.

The Operator has included a basket of costs, including the cost of erecting site signage and the cost of membership of the Driver and Vehicle Licensing Authority, wages and uniforms which are Operational costs of running the business.

The entirety of the parking charge must be a genuine pre-estimate of loss in order to be enforceable. However, some of the costs referred to do not represent a loss resulting from the alleged breach.

For example, were no breach to have occurred, then the cost of parking enforcement, such as erecting signage, would still have been the same.

Also, Contract with the Landowner is not compliant with the BPA Code of practice and no status to Offer Parking or enforce tickets.

Vinci do not own this car park and are acting merely as agents, Vinci has not provided me with any evidence that is it lawfully entitled to offer parking spaces, allege breach of contract or enforce parking charges (as evidenced in the Higher Court findings
In VCS v HMRC 2012), UKPC has no proprietary interest or assignment of title of the land in question.

I require Vinci to provide a full copy of the contemporaneous, signed & dated contract with the landowner (not just a signed slip of paper from someone) because even if one exists, I say it does not specifically enable Vinci to pursue parking charge in the courts. This would not be compliant with the requirements set out in the BPA Code of Practice.

I contend, therefore, that you should allow the appeal on this ground.

I would be obliged if you could kindly acknowledge receipt of this further appeal information.

pogofish

You need to take this into the Parking Tickets Forum for best advice/help.

First-up, have a good read of this thread:

https://forums.moneysavingexpert.com/discussion/4816822

Then, if this thread isn't moved there, start you own thread and post-up the bones of your POPLA challenge (without identifying info) for any further help.

Mjhlraggett

Thanks, Being new to this I tried to remove this but couldn't see how, so have created the exact same post in the parking fine section. If there is a way of deleting this, then please let me know.