Ticket help

da_rule

outofmoney wrote: »

What extra point will POLPLA not consider? The fact that the time was changed?

Yes. POPLA only consider specific issues and not mitigating circumstances. But if you follow the appropriate POPLA appeal template then you will win a POPLA appeal.

Coupon-mad

Do I write all this info into the first 'soft appeal' or just tell them I am appealing the charge?

But I don't advise using a 'soft appeal' in the sticky. I give you a template STRONG appeal to use which suits all cases, which I am hoping you have now found.

You could add another point to it but the danger is NOT to write a line which tells them who was driving! IMHO the issue of having autistic children as passengers, which delays shopping significantly, is is important though.

So I think you should be adding a paragraph, to the effect that:

'The driver & passenger had two autistic children with them and there was broken glass which delayed the parking of the car in the first place, as the children had to be kept safe. Also the fact that the children meet the definition of disability under the Equality Act 2010 means that an otherwise arbitrary time limit in a customer car park MUST be flexible and is always subject to the Operator making a 'reasonable adjustment' of time, as is your legal duty as a service provider. It takes longer for disabled customers to shop and so the shorter time limit you appear to have suddenly imposed is discriminatory and the charge should be cancelled. In addition I require you to add my car registration to a 'white list' of exempt cars at that car park, forthwith, and to confirm that you have done so. If I or any driver of my car is subjected to any more demands from you in the future I will consider suing you under the Equality Act for failure to make reasonable adjustments and I will require sight of your 'disability impact assessment' which you and your client must have undertaken when you decided to reduce the time limit to one hour without consultation with local disabled groups'.

Add that to the template appeal as point #4.

outofmoney

Not sure I have found the strong appeal. If I'm honest most of the wording is far too legal for my understanding which is why I rely on help from the more experienced people on here. I can write great letters but when quoting the law I fall apart.

Once I have located the strong appeal I will add the above into it.

Thank you for your help.

Coupon-mad

Top of the forum, the NEWBIES thread I wrote. Has one appeal in it and it is not really difficult to understand and you just copy/paste it!

Stroma

Here it is for you

Dear {company name of this member of ''PPC World''},

PCN number xxxxxxx
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 the BPA Code of Practice and was not sufficiently prominent to create any contract
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 NTK 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).

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.

Yours,



{the registered keeper's name}

outofmoney

Yes I have seen that but I am assuming they have permission and the signage was clear (even though change of time was not) so I am confused as to what exactly I do and don't include in the appeal.

The car park is not local so I have no idea if signage does not comply with the BPA Code of Practice.

Nor do I have a clue what number 3 means or if it is relevant.

I fully appreciate it may seem simple enough but it's not the type of jargon I use daily so it is quite difficult for me to get my head round.

I have no legal knowledge so can only assume I have the right to add in the bit about expenses.

I appreciate I sound like a right pain in the bum, but I want to make sure I write exactly the correct thing. I have already emailed Farmfoods but being a weekend I haven't had a reply as yet.

The letter took over a week to come so I have lost half the appeal time already.

outofmoney

Coupon-mad wrote: »

But I don't advise using a 'soft appeal' in the sticky. I give you a template STRONG appeal to use which suits all cases, which I am hoping you have now found.

I have just re read this. I mis understood and thought you were saying you didn't advise me to use the soft appeal in the sticky but to use the strong one. Hence my comment at not finding it. I now realise you meant that in the sticky you don't advise a soft appeal.

Coupon-mad

Yes I have seen that but I am assuming they have permission and the signage was clear (even though change of time was not) so I am confused as to what exactly I do and don't include in the appeal.

Include all of it plus the extra point 4. Assume NOTHING! It's not just about whether they have 'permission' - of course they have 'permission to issue tickets' otherwise they'd be acting illegally and trespassing too - that's not the point though. Did you see my template use the words 'permission to issue tickets'? Nope. It says 'STANDING' which covers a lot more. And signage is never compliant which is why I have that point 2 in there as standard!

outofmoney

Brilliant thanks. It still means absolutely nothing to me but I have full faith in you

I've spent the weekend with a sickness bug and the days before looking after my mother and before that son with the same bug so maybe in a day or two my brain may have actually gathered a few more cells and I will be able to think more clearly.

outofmoney

Ok letter written. If they reject will they automatically give me a POPLA code or will I need to request this?