Ticket on Private land outside own flat

SMarg

My daughter received a parking ticket from Parking Ticketing Ltd on 16 January at 04:45 for £60. She had a residents permit which got displaced and she didn't realise it wasn't displayed and couldn't be found afterwards. Now replaced by agents.

This is a private parking area outside a block of flats - always empty spaces.

I phoned landlord/agents today who have contracted PTL and they won't get involved to waive it.

Have read mountains of posts and printed loads and cannot see which way to go. Coupon-mad kindly replied to my PM and advised posting photos of the signs and possibly going down the POPLA route. My concern was that she was given 14 days which runs out shortly. I also checked the POPLA successful posts and the person who parked without their permit lost the case.

Anyway the signs are as follows:

On entry from the road no clear sign at entrance - one sign on left hand side of building up high see unclear photo, one on rhs in front, on front of rubbish bin area. If a high sided vehicle was parked there I doubt it could be seen - photo shows car parked next to sign which says Private Land. Other sign is as shown on wall opposite red car.
Left and right signs are the same and the one on the bin area is different - Private Land.
I have also attached (hopefully) copy of parking charge removing personal details. I hope that shows enough.

I hope I have given clear enough information

Thanks in advance


Thanks

Redx

the 14 days are only about payment, not appeals

they are in the BPA so you can appeal and go to popla if necessary

so please read this https://forums.moneysavingexpert.com/discussion/4816822

SMarg

Yes I am aware the 14 days is for payment after which the fee increases which is why I was trying to decide the best road to go down before then. I know she has 28 days for the POPLA appeal

Redx

the fee may increase on paper but is only fact if you pay them

the alternative is if you decide to appeal and maybe go to popla or to court (if they take it that far)

spacey2012

I think I would have a look at the land registry and see if they do in fact own that bit.
I advised this on some Wakefield Tickets on another forum , many brushed it off, as they do, however the OP gave it a go and low and behold they did not, it was council owned land.

Stroma

That sign is misleading as they cannot increase the costs by any amount after 28 days! They first have to get registered keeper details from days 29-56 after ticketing first, then give a further 28 days for appeal.

spacey2012

The sign makes no contract as well, looks more like damages for trespass, how they prove that when they dont own the land ??

SMarg

I forgot to mention that she sent off an appeal to PTL mentioning that she was a resident and the permit got displaced. They rejected it.

There appears to be a fee to check the land registry online - is that correct?

Stroma

So if they rejected did they supply a 10 digit popla code?

SMarg

Below us a copy of the reply they sent. They mentioned the ticket having blown by the wind but that is not what was said.She mentioned that the car had been cleaned and she assumed it must have been displaced then.

xx January 2014
!
Dear Sir/Madam

PCN Ref: xxxxxxxx!!! Registration: xxxxx

Thank you for your letter of appeal against the Parking Charge Notice issued under the terms of Schedule 4 of the Protection of Freedoms Act 2012 .

There are Warning Signs situated on the site that state; Warning, Private Property, vehicles parked in this area must park clearly display a valid pay and PTL authorised permit in the windscreen failure to comply will result in the vehicle being issued with a Parking Charge Notice without any notice given.! Having carefully considered the evidence provided by you and the Warden we have decided to reject your appeal for the reason below.

As the vehicle was parked in not clearly displaying a valid PTL authorised permit in the windscreen, (having checked photographs of when the vehicle was issued a PCN) as clearly stated on the warning signs, the vehicle was issued with a Parking Charge Notice.

You advise that your ticket must have blown over due to wind, this is not a reason we can allow an appeal as we would suggest when leaving your vehicle that you check to ensure that the permit is correctly displayed, this is so that the warden can check all details to include dates and security features to ensure the permit is valid.

We are not able to take into account mitigating circumstances.! That an appellant feels he or she had good reason for breaching the terms of parking is not a reason for which we can allow an appeal.! When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park.! It is the motorist’s responsibility to ensure that he or she abides by any clearly displayed conditions of parking that are clearly displayed on the signs.

The responsibility to observe and obey parking restrictions is yours and as we operated correctly in this!!
instance due to the vehicle being incorrectly parked we will not be accepting your appeal, on this occasion.

You now have the following options:

1 Pay the PCN at the prevailing price of £60 within 14 days of above date. Please note that after this time the discounted rate will no longer apply and the Parking Charge Notice will rise to £100.

2 Make an appeal to POPLA-Independent Appeals Service within 28 days by completing the attached form, or by making your appeal online at https://www.popla.org.uk quoting reference 5960184456. Please be
advised that if you opt for independent arbitration of your case, the ability to pay the parking charge at the reduced rate of £60 will be at an end, the full charge of £100.00 will be payable should your
Appeal be unsuccessful. If you opt to pay the parking charge you will be unable to appeal to POPLA.

3 If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you. We do not enter into multiple appeals.
Please see attached POPLA forms.

Yours sincerely

Appeals Dept.
Pay On-line:! https://www.payptl.co.uk
Phone: 0844 848 0814

Parking Ticketing Ltd
Head Office
83 Ducie Street
Manchester
M1 2JR

Redx

should be a 10 digit popla verification code on that popla form