Parking ticket in an underground residential car park

cola109

Hi I am a newbie and have read the newbies post over and over again and some other similar threads, relating to the private carparks.

Briefly explaining the situation.....

The driver got a windscreen ticket early December 2013, and the RK received the a NTK mid-January 2014. The car was parked in an underground car park, where you need to have a swipe card to enter. A relative of the driver used the swipe card to enter the carpark (as this is where she lives) and the driver (who received the windscreen ticket) followed in behind.
The underground carpark is split into sections, where you have bays that have been assigned to flats and then you have bays that has been marked private property. The private property bays are for a nursery that is set to open up on the grounds, but hasn't yet, as these are new build flats. The driver parked the car in one of those bays, which usually are empty as they are currently not being used by the nursery yet.

The windscreen ticket obviously wasn't paid and the RK received the NTK, who is in fact a different person from the driver. Last week, the RK received DC letters from Debt Recovery Plus, which was responded to in a polite F*$& off, using a template found on here.

Also the time in which to appeal came and went, but the RK still sent an appeal explaining that they are still able to make an appeal as the dates are arbitrary.

My questions really are does this case stand a chance at POPLA? Should the driver/RK pay the charges of £160?

Any advise would be very welcomed, and what to do next. Currently the stage this is at, is the appeal has been sent and the DC have been informed on not to contact the RK again. The cowboys in question are UK Parking Patrol Office.

I wrote in 3rd person, as I understand that these w4*k3r$ scan the forum and I don't want to expose my case, but I am in fact either RK or driver (if that makes sense).

Thank you in advance and apologies to experienced people on here. I have read other cases and not 100% sure if I stand a chance.

IamNotAllowedToUseMyName

cola109 wrote: »

Hi I am a newbie and have read the newbies post over and over again and some other similar threads, relating to the private carparks.

Briefly explaining the situation.....

The driver got a windscreen ticket early December 2013, and the RK received the a NTK mid-January 2014. The car was parked in an underground car park, where you need to have a swipe card to enter. A relative of the driver used the swipe card to enter the carpark (as this is where she lives) and the driver (who received the windscreen ticket) followed in behind.
The underground carpark is split into sections, where you have bays that have been assigned to flats and then you have bays that has been marked private property. The private property bays are for a nursery that is set to open up on the grounds, but hasn't yet, as these are new build flats. The driver parked the car in one of those bays, which usually are empty as they are currently not being used by the nursery yet.

The windscreen ticket obviously wasn't paid and the RK received the NTK, who is in fact a different person from the driver. Last week, the RK received DC letters from Debt Recovery Plus, which was responded to in a polite F*$& off, using a template found on here.

Also the time in which to appeal came and went, but the RK still sent an appeal explaining that they are still able to make an appeal as the dates are arbitrary.

My questions really are does this case stand a chance at POPLA? Should the driver/RK pay the charges of £160?

Any advise would be very welcomed, and what to do next. Currently the stage this is at, is the appeal has been sent and the DC have been informed on not to contact the RK again. The cowboys in question are UK Parking Patrol Office.

I wrote in 3rd person, as I understand that these w4*k3r$ scan the forum and I don't want to expose my case, but I am in fact either RK or driver (if that makes sense).

Thank you in advance and apologies to experienced people on here. I have read other cases and not 100% sure if I stand a chance.

It is difficult for first time posters to get their heads around, but the newbies thread at the top explains the process you will need to go through to get this under control, follow it, checking back here and you will not pay.

You have to understand that there is no legal right to be able to charge a large amount when clearly the parking company suffered no loss. There are some letters to write but this can be resolved. You will probably need to write as registered keeper and name the driver to reset the process, get a POPLA appeal code and then Puff! All gone!

cola109

Ok thanks for you reply Ian. I did read the Newbie thread and then wrote to the DC and also the PPC with appeal. The letter was sent from the RK perspective challenging the fee. Should I not have done this? Bring in mind that the 28 days allowed from the PPC had passed, and I did explain to them that the window they give to appeal are arbitrary.

Redx

a popla code can be given out by any PPC at any time, but generally they wont do this after the appeal time has passed

if they do then great , if not then its argument time

as there appears to be a windscreen ticket in this case then naming the driver wont reset the clock, the newbies thread clearly explains this

in which case ignore all letters apart from an LBC or court papers

cola109

OK so the since the RK sent out a challenge after the DC letter arrived, it seems that it's quite likely that the PPC will reject the appeal on the basis that it's too late. If they do, what would you recommend going forward?

Redx

I believe they will reject it

I also believe I answered that "what comes next" too

the best method of getting charges cancelled is contact the landowner

cola109

I have read other threads and notice that most people were parked at shopping centres etc, but as the driver in this case was parked in an underground residential car park, do you still think I would have a leg to stand to complain to the landowner? Again apologies in advance if I am continuing to sound like a newbie but I am trying to get round this information overload and what my rights are.

Coupon-mad

You are worried whether you 'stand a chance' yet the position you are in is simply the same as everyone was, who happily ignored fake PCNs before POPLA started in 2012. So not quite sure why everyone worries so much just because they missed the obvious winner - POPLA.

So do you stand a chance of getting a POPLA code? = probably not, as the appeal was late.

Will you get a rejection letter and more DRP and Zenith letters = Yes.

Do they mean anything? = No.

What are your rights = Well, a firm has sent a stupid invoice and you are not paying it. So what?! Good for you, they didn't earn it, there's been no loss!

What do you do about them as you've already said 'get stuffed' = Nothing. Keep all letters & photos though.

What to do if you get a Letter before Claim from UKPPO themselves = see the LBCCC Fightback thread (acknowledge and formally respond).

How likely is it? = Highly unlikely.

Do you stand a chance if it goes to small claims? = Yes.

Is it worth complaining when it's a residential car park = probably not.

Is it worth paying £160 now? Nope (a Court loss would be less, the PCN sum plus fee).

Do you get a CCJ if you lose in small claims? = Nope. Not if you then paid.

What to do if you get small claim papers from Northampton = defend with our help.

Anything else to do now? = Get photos of the signage as it stands, now. At the entrance and within the site, at the bays (in the dark if it was evening).

I have ignored & laughed at 4 fake PCNs myself and others on here have collected more. All that's happened is the keeper has thrown away the slam dunk EASY appeal stage (POPLA, unless they strike lucky in the reply!) and if it does go to small claims that's more of a lottery - but we've got MUCH better at defences recently!

They should simply ignore anything else from the debt collector but keep all the letters for years, just in case. That's what we always used to do; nothing happened except junk mail. Relax. Most cases never go beyond the flurry of regular multi-coloured junk mail.

cola109

Ok thank you everyone on here for your help. Again apologies for ignorance. I guess if anything serious like ACTUAL Court papers arriving, then I'll update back on here again.

cola109

Ok so the PPC wrote me back saying that they are no longer dealing with case and that it's been passed on to a DC. Although the first letter I sent to them clearly stated that I contacted the DC telling them not to write me and to pass the matter back to the PPC.


Any advice please? Would be most appreciated. I'm not sure how to respond going forward. Bearing in my I send the challenge letter after 28 days.

Redx

just stick with the advice in posts #4 and #9 then

you cannot force a popla code at this stage and debt collectors cannot do anything either, only the PPC

so you now await the next letter from the PPC only (or their solicitors)