PPC Pay & Display

pvt

A quick question regarding the tactic to use where a NTK has been received for a P & D car park where the driver simply didn't buy and display a ticket.


In the initial appeal to the PPC itself is it best to offer a reasonable payment (say £10), or just ignore the reason and argue the usual gpeol, land ownership, and lack of contract points?

Redx

generally speaking , they wont accept the £10 as they see a bigger fish to fry

there is nothing stopping this course of action but it rarely or never works , they have seen it all before

personally , I would use the tried and tested appeal routes and templates etc

Guys_Dad

I would , if you think it right, offer a sum that was equal to the P&D amount, plus a sum to cover the DVLA cost, stamp and stationery. A premium of £5/£6 should cover that.

The point being that there obviously wouldn't have been a loss if you had paid the P&D amount (clearly a PPC wouldn't set a tariff that would lose money???? Their business operating costs will have been covered by the P&D charge) and then the amount you are offering on top would cover their losses as a result of your error.

If they turn it down, then any additional costs incurred, such as follow up letters and POPLA fee is 100% down to their intransigence and, should it get to POPLA, you can submit that you were willing to pay their GPEOL (show your calculation).

Make sure that you ask for the POPLA code in your offer letter.

All good foundation for any subsequent POPLA/court action.

pvt

You've probably gathered I wasn't the driver.

There's a pious moral guy inside me (usually well hidden) that feels payment (I think it's about £1.20) plus "reasonable costs" in recovering it should be offered. I thought a tenner more than generous in this respect.

My worry was whether to do so would weaken an appeal in the form of an admission of the contract existing. Reading Guy's Dad's reply suggests it might strengthen rather than weaken it.

Any other views or advice?

Dee140157

I'll be honest I don't see the point as they will reject the offer anyway along with your appeal. I get that you feel you the need to pay something morally from your standpoint, but you forget that you are dealing with a company with much looser morals than yourself.

They see nothing wrong in demanding excessive sums of money from people, whether there are genuine mitigating circumstances or not. You are not dealing with people who care! They will take people to court for overstaying by 5 minutes if necessary. Do you really want to try and appease people like this?

Stand up to them and help us wear these companies down till they start behaving honestly too.

Guys_Dad

Dee140157 wrote: »

. Do you really want to try and appease people like this?

You are missing the point. You admit they will reject the offer, so OP has lost nothing in making the gesture.

We have seen a perverse Cambridge judgement. By following the route I suggest, OP has laid the foundation for any future court case and an even better appeal point for POPLA on GPEOL.

There is no downside - and OP retains the moral highground and a clear conscience. Just because PPCs act in a disreputable way, doesn't mean that we have to..

Stroma

You could say that you will consider paying their genuine pre-estimate of loss as a non prejudiced offer, and please forward their loss for you to consider it.

My betting is they will just reject, but it will show you as a reasonable person in offering it to mitigate their losses.

Coupon-mad

I wouldn't offer a cent.

pvt

Thought I would come back with an update.

Made my initial appeal to the PPC, didn't put much effort into it as all I wanted was the POPLA code. But did offer a tenner as I said I would.

Response was a two pager with a list rebutting most (not all) of the points I made, pictures of signage, copy of HMLR entry, and a breakdown of their "costs to date".

But they finish by stating they will cancel the charge on this occasion. Very curious why they put that effort in then just caved.

Dee140157

Well at least it was the success you wanted and did not cost you a penny. Well done. They knew they would lose at POPLA so they saved themselves £27. Sensible PPC!

Coupon-mad

Was it LCP, as you mention the Land Registry thing?