Parking Charge Notice

detox432

Hi all, yesterday I was presented with a Parking Charge Notice from the person that was driving my car. If paid in 14 days the charge is £60, but if within 28 days it rises to £100. My immediate response was to just pay it, but after thinking about it, I thought, why not appeal? Below are some of the reasons I feel I should appeal having visited the site today, I would appreciate a response if it's felt generally that I would be wasting my time. I have scanned both sides of the ticket and photos of the site and signage if this helps? The reasons I feel I have a case follow, they may or may not be relavent.
1-They had been visiting a relative in hospital, were running late and stopped to pick up a takeaway.
2-The signage on entering the carpark was at 90 degrees to the car entering and at height of 7 ft. totally invisible to the driver.
3-At the time the ticket was issued, it was totally dark.
4-The signage is not illuminated, rendering it useless at night.
5-No immediate streetlights in the vicinity to help illumination.
6-The ticket implies the warning signs are 'contractual' however if the sign wasn't read/unable to be read, the surley there is no contract?
6-The signage displayed no AOS logo, I believe this is a requirement? however a BPA logo was present.
Thank you to whover reads this, and more thanks if you respond too.

Regards B.

Redx

plenty of info to help you in here https://forums.moneysavingexpert.com/discussion/4816822

tells you all you need to know and yes you can challenge it as RK

I suggest you name the PPC too

detox432

Hi Started reading your links, lot more required. looks like I do nothing for the time being. The ticket issuer was CPM by the way. Thanks for the response and links. B.

Redx

you wait for NTK and then appeal it as RK with something like this

Dear CPM,

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

detox432

Thanks for your help Redx, and the letter looks the part, if you don't mind I'll post on this thread when I get the letter from them and the final response, Regards B.

Coupon-mad

detox432 wrote: »

Hi Started reading your links, lot more required. looks like I do nothing for the time being. The ticket issuer was CPM by the way. Thanks for the response and links. B.

Please show us a picture of the sign on site. CPM(UK) sometimes use words that a (new) POPLA Assessor actually accepted as a contractual term the other week. Please don't assume that the usual POPLA appeal will work, you can send the above as your first appeal but you will certainly need to remind us and show us the sign, when you are preparing your POPLA appeal. You will need it to be carefully written with our help.

detox432

Hi chaps, I've uploaded a photo to photobucket, however this doesn't allow me to post links as I'm a new member, any thoughts? B.

detox432

I think I've sussed it? Try putting http where the asterix is B.
****://i501.photobucket.com/albums/e417/barrington432/IMG_0254_zpsc2bc11ff.jpg

Stroma

detox432 wrote: »

I think I've sussed it? Try putting http where the asterix is B.
http://i501.photobucket.com/albums/e417/barrington432/IMG_0254_zpsc2bc11ff.jpg

There you go

detox432

cheers stroma, did what I done work too?

Coupon-mad

Yep and that sign means you are less likely to be able to win at POPLA on the 'no genuine pre-estimate of loss' argument. But there are other arguments that can still win, including the fact they don't own this car park and their signs were not illuminated. Can you get pics of the entrance and in the car park at night (no flash needed as car headlights would not illuminate a board seven feet up). This would be in readiness for your evidence in the POPLA appeal, second stage, when you get there (and you will probably need help to word that one strongly enough to win, seeing as the sign wording doesn't help much).

Apart from that, you do nothing for the time being, as you have read in the sticky FAQs thread. Your position as the keeper who was not the driver, is a strong one if you wait for the first Notice to arrive then show it to us at that time so we can pick the wording apart.