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Parking notice - How to appeal (POPLA)

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cts_casemod
cts_casemod Posts: 272 Forumite
Tenth Anniversary 100 Posts Combo Breaker
edited 7 February 2014 at 3:19PM in Parking tickets, fines & parking
Hi Folks,

Long story short I was issued a PCN while I was using my garage on a Saturday at 23h00. Lights were on, but the door was closed because of the late hours and the car parked right in front of the garage door.

A ticket was left on my windscreen, I appealed (Yeah I read later I should wait for the letter, too late now) on the ground that I was using my own access and the signalage did not state what hours I could not park, nor a permit would be valid to park in front of the garage!! I was present, but that didn't help.

Anyway the company refused my appeal stating that they had evidence and they gave some photos of the car. Not the full car just some parts of the car like the windscreen and front clearly hiding the garage door/lights, etc!

So now I appealed to popla and said that the ticket was invalid because I was not parked in an assigned parking space where a permit would be required and the photos received by the company don't show where the car was parked, hence it could be anywhere.

I am now unsure about what to do. Should I pay the £60 and admit liability? Should I wait and have this increased to 100 once popla reviews my case, if unsuccessful?

I could really do with some help. The company is Ticketing service Solutions LTD and the payments they accept are either card by phone or Paypal? Seems ridiculous!

Just a side note: When I appealed I sent Photos and two witness statements that saw me there at the time.
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Comments

  • Coupon-mad
    Coupon-mad Posts: 151,653 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 February 2014 at 3:19PM
    So now I appealed to popla and said that the ticket was invalid because I was not parked in an assigned parking space where a permit would be required and the photos received by the company don't show where the car was parked, hence it could be anywhere.
    That will lose then - but luckily you can add to your POPLA appeal by email. Have a close read of the sticky thread post #3 'How to win at POPLA' and find out what you should have said (and can now add):

    Sticky: NEWBIES!! PRIVATE PARKING TICKET? EVEN AN OLD ONE? ***READ THIS FIRST*** Thankyou!

    Please check with us first, show us your re-hashed draft email for POPLA.

    So this was TSS, never heard of them!

    http://www.ticketingservicesolutions.co.uk/#!about/c1enr

    Can you also show us a picture of the SIGN at that car park.


    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • HO87
    HO87 Posts: 4,296 Forumite
    edited 7 February 2014 at 4:17PM
    TSS have a registered office at Kemp House, City Road EC1 which is an accommodation address only. The website is registered at a private address in Bexleyheath. The only director has three companies two of which appear linked in that aside from TSS there is also Nationwide Ticket Enforcement Ltd. Sounds like a back-bedroom cash-raising exercise regardless of the fact that surprisingly TSS are AOS members.

    EDIT: Guess what? Nationwide Ticket Enforcement used to trade as Nationwide Clamps. Should have guessed a connection in that direction really. Given the stunning use of English on TSS website.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • HO87 wrote: »
    TSS have a registered office at Kemp House, City Road EC1 which is an accommodation address only. The website is registered at a private address in Bexleyheath. The only director has three companies two of which appear linked in that aside from TSS there is also Nationwide Ticket Enforcement Ltd. Sounds like a back-bedroom cash-raising exercise.

    EDIT: Guess what? Nationwide Ticket Enforcement used to trade as Nationwide Clamps. Should have guessed a connection in that direction really. Given the stunning used of English on TSS website.


    I am quite unhappy. I tried to call several times and goes to voicemail, plus this payment scheme is not something that I can trust and now they have my details. Another Thing. They have a registered Address as a POBOX EC1V 2NX but the letter I received come from SE9.
  • cts_casemod
    cts_casemod Posts: 272 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    edited 7 February 2014 at 4:23PM
    Coupon-mad wrote: »
    That will lose then - but luckily you can add to your POPLA appeal by email. Have a close read of the sticky thread post #3 'How to win at POPLA' and find out what you should have said (and can now add):

    Sticky: [Link removed]NEWBIES!! PRIVATE PARKING TICKET? EVEN AN OLD ONE? ***READ THIS FIRST*** Thankyou![/URL]

    Please check with us first, show us your re-hashed draft email for POPLA.

    So this was TSS, never heard of them!


    Can you also show us a picture of the SIGN at that car park.


    :)

    I cant post the links to the images. I sent you a PM with them, can you confirm you received them? Perhaps re-post them here?

    Its not a car park its just a private road where people park. I've been told by locals they pay a yearly fee. I only make use of it to access my garage, and only in front of it. Sometimes I park half inside, half outside, others I park close to the gate to close the door as shown (mostly at night for safety reasons).
  • HO87
    HO87 Posts: 4,296 Forumite
    Do not contact the company.

    How long ago did you receive the POPLA code, and how long ago did you appeal?
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • HO87 wrote: »
    Do not contact the company.

    How long ago did you receive the POPLA code, and how long ago did you appeal?


    Today I received the response to my appeal and the popla code. I also appealed today. In the meanwhile i started doing research about this company and found nothing on the popla report.

    I found this forum on the meanwhile (looks like I screwed up!)

    Is it really a problem parking in front of the garage while using it? I've been doing this for the past two years, never had trouble, never seen anyone doing checks. I've been told by someone I should have a paper on the windscreen even tough I was present.
  • tykesi
    tykesi Posts: 2,061 Forumite
    1,000 Posts Combo Breaker
    So what information have you got from reading the threads Coupon Mad linked you to? These are where the answers to your questions lie so maybe read through those for help with adding to your POPLA appeal and then ask about anything you're not sure of.
  • HO87
    HO87 Posts: 4,296 Forumite
    Don't worry. The objective here is to obtain your cash and you shouldn't be worrying about parking in front of your garage and whether that is a problem. We can help you make this go away as you can update your POPLA appeal. You have a PM
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • tykesi wrote: »
    So what information have you got from reading the threads Coupon Mad linked you to? These are where the answers to your questions lie so maybe read through those for help with adding to your POPLA appeal and then ask about anything you're not sure of.

    Not much to be fair.

    I appealed without receiving a letter (only with the windscreen ticket)
    I already appealed as the driver, not the owner.

    There's not much that the letter shows. They just say to either pay or appeal to popla and let them know.

    The PCN on the windscreen was correctly issued as I verified before the first Appeal to TSS.

    As unfair as it seems I have no idea what i should add. Its not legal to park in front of a garage, I was there as the owner and I have nothing on my tenancy that says I cannot do so. I am asking in the hope that someone with more knowledge about this issue could clarify what approach I should have regarding this.

    Seems that nowadays a simple and honest appeal doesn't work we have to find what the legislation says when the signals don't say anything about the garage access. They just say you cant be parked, now I don't know whenever getting out of the car and loading or cleaning your garage is considered as parking and whenever they can issue a PCN while being present.

    For me parking is leaving the car unattended, without being present. Perhaps i am wrong. Clarifications are welcome.
  • HO87
    HO87 Posts: 4,296 Forumite
    Appealing to POPLA based on what they will see as mitigation and without using phrases we know will win is very unlikely to be successful. You can add to your appeal and we can supply you with the wording to use. Would you like this or are you happy to let your appeal stand as is?
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
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