Unfair parking ticket...can I do anything??

ColliesCarer

Hi Again first78

first78 wrote: »

....ColliesCarer - The date on the charge notice is 7/3/14 and although there is no postmark it has been sent second class...is this enough to argue against paying the charge?

I see you've already been advised by others when I didn't get back sooner but I just thought I'd confirm personally that

A notice sent out on Friday 7/3/14 under POFA rules will be presumed to have arrived on Tues 11/3/14 i.e. on 2nd working day after it was posted (Sat and Sun are excluded as not working days) - you don't need to mention what date it actually arrived.

So yes the dates do mean they were out of time regarding POFA 2012 and they cannot claim keeper liability - so you should include this as ONE of your appeal points.

I also see you've already been given good advice as to what the others need to be. Look forward to seeing your draft appeal.
ATB CC

ColliesCarer

Just found this article - you may have seen it but its an interview with the owner of the site.
http://www.stokesentinel.co.uk/Owner-car-parks-urges-motorists-appeal-charges/story-20672945-detail/story.html

If you cannot find out how to contact him The Stoke Sentinel may have his details or perhaps you could ask them to forward a letter to him.

Also in the article Stoke City Council have said "We will offer advice if someone believes they were wrongly or excessively charged for private parking and people can contact trading standards."

Anyway get your appeal to the Parking Company done first as the clock's ticking on that one - you can always follow these things up later if you wish.

first78

I've spent the majority of today going through the various posts that people have directed me to and have used RedX's soft appeal letter adding point 4 and a quote from the Protection of Freedom's Act, as recommended by Guys Dad.

Would someone mind reading this and advising me if they think it is a good letter to send, please?

Dear Highview Parking,

As the registered keeper of XXXX XXX I'm in receipt of your parking invoice XXXXXX dated 07/03/2014. 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
4)You have not adhered to the requirements of the Protection of Freedoms Act 2012:


9.4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.


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.

Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.


Also, if this letter is good to go, do I need to include a photocopy of the parking ticket I purchased?


Many thanks to you all for your help.

Coupon-mad

That's fine!

ColliesCarer

Personally I would strengthen point 4) by making the title something like
4) No Keeper liability as PCN received out of time

and leaving the rest as the supporting argument beneath it.

Also, if this letter is good to go, do I need to include a photocopy of the parking ticket ...
I think only if you feel it strengthens the case.
It's actually only a sub-point of argument 2) really - as the signage was so unclear/confusing the appropriate ticket was thought to have been purchased.

Personally, I wouldn't bother - it's not a point that going to win this overall appeal process.

Overall I think this will be fine but wait for a number of of others to feedback so you have a range of views.

ColliesCarer

Sorry - was in the middle of drafting my response when phone went so hadn't seen CM's reply and would bow to her vastly greater knowledge and experience

first78

Thanks Coupon-mad and ColliesCarer I will be posting this tomorrow morning

With regards to posting, is normal 1st class post sufficient or should I send it signed for so that I know it has been received?

bod1467

1st class post, with a certificate of posting* from the PO. Do NOT use recorded or other signed-for method - all this means is that, if they refuse to sign for it, there is proof that it was NOT received. (i.e. recorded delivery can actually work AGAINST you rather than in your favour).

* Interpretations Act 1978. A document posted with proof of posting is deemed served (delivered) within the normal delivery time for the class of postage selected. For 1st class this is 2 working days.

ColliesCarer

Just a last thought - still hang on to the parking ticket though just in case.

Guys_Dad

Agree with cc above. You need to relate the paragraphs from POFA to you no longer having keeper liability.

Add something like "As you have not adhered to the mandatory timescales laid down by POFA above, you are unable to pursue me in my capacity as the registered keeper. You are free, of course, able to pursue the driver as long as you can identify them"