flash parking charge

George1986

Hi can any one please help me am new to this

I recently dropped my daughter back to her mothers and parked in the car park next to her flat where I have parked previously.there are signs saying about parking but was told its still ok to drop her off.
Last week I received a letter from flash park sayin I have to pay £85 to which I immediately emailed back saying I only dropped my daughter off I will not be paying any fine.
Just received an email back from flash park saying they would accept £25 as good will gesture.

Would be grateful for any help

ColliesCarer

Hi George,

Thanks for creating your own thread.

Flashpark are in the BPA
Vehicle Control Solutions Ltd t/as Flashpark Ltd

Couple of questions first

When you emailed them - how was it phrased? Did you appeal against the charge ?

If you appealed - when they responded with their generous offer for you to pay £25 for not parking :rotfl: did they give you a 10 digit POPLA code and inform you, you could appeal to POPLA?

If they did follow the link I gave you before, and read NEWBIES post #3 and click on How to Win at POPLA

ColliesCarer wrote: »

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

If you didn't actually use the words I wish to appeal (sometimes they play silly b*'s) you may need to do so formally now - so read NEWBIES post #1 and look for the template 1st appeal letter (you may need to alter the opening sentence if you have already identified yourself as the driver ) - send that off asap (if mailing take to post office and ask for free certificate of posting).

If you appealed and they haven't sent you a POPLA code you need to write back insisting they supply a POPLA code and also complain to the BPA (contact details in post #6 of NEWBIES)

P.S. It's not a FINE - it's just a speculative invoice

George1986

Hello this was the email I sent to flashpark

To whom it may concern
!
As it says on the notice behind my car you can stop for loading and unloading only.on this occasion like many other occasions I was dropping my daughter back to her mothers in the flat directly behind my car.therefore I will not be paying any parking fine

Redx

so you admitted you were the driver ?

you also called it a parking fine when its an invoice

please read the NEWBIES thread and also answer all the points raised in post #2

thanks

George1986

And this was the reply
Dear Driver
!
We provided you with photo evidence that supports we had a valid contract with you as the motorist. We would suggest you take legal advice(breach of contract).
!
As a gesture of goodwill we will accept a reduced payment of £25 in full final settlement of this matter.
This can be paid by cheque or postal order to the address below.
!
Vehicle Control Solutions Ltd t/a FLASHPARK
West Hill House, 6 Swains Lane, London, N6 6QS
!
or you can go online, where we adjusted our system so the value can be changed.
This offer is valid for seven days only.!

If we do not receive payment within next seven days we reserve the rights to! formally reject your appeal and give you the opportunity to have the case referred to POPLA(parking disputes on private land). If the matter is refer to POPLA you will lose opportunity to pay discounted rate which is held at £65 at present.
!
VERY IMPORTANT
!
We would refer you to Schedule 4 Protection of Freedoms act 2012! (recovery of unpaid parking charges) on the link below and in the attachment above.

Redx

so no popla code as yet , but a shame your appeal sought to explain matters as you have given away who was driving

ColliesCarer

Ok - well that answers the questions in a roundabout sort of way.

You have identified yourself as the driver - shame as Redx says but no worries you can still appeal to POPLA and win.

They are classing your email as an appeal but are withholding the POPLA code while they wait to see if you fall for their once only amazing offer to hand over £25 of your hard earned for just dropping your daughter off. (Dropping off is not parking and they are supposed to allow a grace period before they issue a charge btw).

So you now have a decision to make.
1/ Pay them the £25, which no one here would advise - if they can drop the charge from £85 to £25 even though they are claiming they had a valid contract with you which they allege you broke - it proves it was never a genuine pre estimate of loss in the first place for the breach of contract they allege they have photo evidence in support of.

2/ Call their bluff and appeal to POPLA - get the charge cancelled - pay £0 and cost them £27 into the bargain.

If you decide on 2) then I would suggest you write to them declining their offer and requiring them to provide you with a POPLA code. You could just send a very brief letter to that effect or you could add words to that effect to the 1st appeal template letter stating that the points in that (and others) will form the basis of your POPLA appeal and giving them the opportunity to cancel the charge.

George1986

Well the car is in my mums name and the initial letter addressed to her not myself I don't know if that changes anything.the picture they have taken nobody was in the car so wouldnt they have to prove my mum was driving?

Redx

they can just chase the RK under POFA 2012 although they would prefer to chase the driver

they dont have to prove anything here, they have sent you a parking charge invoice and they expect payment , same as any business would for any invoice

your mum is responsible as RK , even if she wasnt driving

ColliesCarer

George1986 wrote: »

I recently dropped my daughter

Last week I received a letter from flash park

I immediately emailed back saying I only dropped my daughter off I will not be paying any fine.

We can only advise you properly if you give us accurate information.

Who emailed them and did they name themselves?
Who received the £25 offer email?

George1986

My mum received the letter about the charge.i then emailed them as the car is mine but in my mums name.I did name myself yes and I received the £25 offer email.