University parking tickets worry

trisontana

Kanye_West wrote: »

The student union have no control/say about any parking issues. Although, I could let them know the university are trying to rip off their students.

That was what I was implying.

HO87

Don't forget that CPP is now owned by Crapita.

Now, no one is going to believe that such a well-respected company would stoop so low as to misquoting the legal situation simply to make a profit. Would they?

Make sure the Union publishes some sensible advice. One other students' union at a Uni in the north Midlands is, IMO, providing very weak advice to its members who are suffering as a result. Make sure that yours does not follow suit.

Kanye_West

Got an email back from the university...

What is my next step?

http://imgur.com/bD8WKJp

Coupon-mad

I think I would just reply to say:




I am glad to note:

- that you are cancelling the PCN in question because the driver will not be named within 14 days. The POFA 2012 positively enshrines the right of a keeper not to disclose the name and address of a driver.

- that you are to cease using the unlawful threatening letter and instead will use a Keeper Liability Notice.

- that you are to start to adhere to Schedule 4 of the POFA 2012.

- that you are to start to adhere to the BPA Code of Practice - even though you can't spell it.

I am disappointed that:

- you fail to understand the implications of various Consumer Regulations which affect contracts between companies and individuals.

- you do not consider matters worth discussing with me as I am apparently 'not the consumer' and yet you demanded money from me as if I was the consumer.

- you have been talked into relying on the notoriously erroneous decision by HHJ Moloney in ParkingEye v Beavis, when that small claim outcome was not backed by any consumer case law, is considered wholly unsafe and is set for the Court of Appeal in February 2015. No doubt the BPA coached you in this regard but failed to mention that fact, as it gives a somewhat naïve impression to quote from a flawed decision set for the Court of Appeal.

Finally I refute that 16 PCNs have necessarily been incurred by the same driver in the absence of any evidence about the driver(s) on these occasions. In any case, none of these non-compliant 'PCNs' are worthy of mentioning to me as if I am somehow liable; as you say, I am not the consumer and you apparently seek to deny me any consumer protection under the law. I will challenge any Notice to Keeper I receive for any PCNs and will, of course, appeal to POPLA as is my right. In the meantime perhaps you would be kind enough to send me scans or reprints (both sides) of the Notice to Driver issued on the two occasions you mention, as I would like to check that your agents are indeed finally managing to adhere to the POFA 2012, Schedule 4 paragraph 7.

Kanye_West

Sounds good, thank you so much. Does this mean they've effectively cancelled 13 out of the 16 PCNs? Also, if I were to appeal to POPLA, would I definitely get the outcome that I want?

Ryan_Bryan

Kanye_West wrote: »

Sounds good, thank you so much. Does this mean they've effectively cancelled 13 out of the 16 PCNs? Also, if I were to appeal to POPLA, would I definitely get the outcome that I want?

Firstly, I'd tread very carefully from now on. 16 PCNs are more than enough to target you/your vehicle. Clearly with the correspondence that you've had you've have stirred something of a hornets nest. I'm guessing that you can forget about 14 of the tickets as you've shown them the chink in the armour that has forced them to start dealing POFA12 compliant paperwork. However I think it's safe to say that the last two will be used against you as the registered keeper. If paperwork reaches you within the correct timelines then I believe they will be more than keen to try their luck on you. POPLA awaits you and even though they haven't lost £80 through your parking an assessor may find £80 easier to justify than £100.

hoohoo

I would be tempted to get your sister to make a 'without prejudice save for costs' offer of £5 each to cover the 2 unpaid parking tickets. You have racked up a lot of these. Currently, all the uni have incurred is a cost of the unpaid parking, plus a windscreen ticket and a few minutes of time. £5 should more than cover this, and would save the uni incurring future costs such as DVLA fees etc. Perhaps you should offer to pay the unpaid parking fees for the others as well, in a separate offer.

This could stand your sister in good stead later on.

In any case, she has a free go at POPLA. If she loses, she can name you as the driver at which time you could either try POPLA again, pay up, or try your luck at court.

Kanye_West

Understood. I know for certain that tons of students are getting these tickets and are paying them, which annoys me because they just get scared and pay up.

I actually got an email from my supervisor saying he got an email from someone high up in the uni to 'have a chat with me'. They've just put two and two together and found my surname to match the keepers, which is not fair. I explained everything to my supervisor anyway and he agreed that it was awful that they are sending these sorts of letters to students to make money from them. He suggested I speak to the student union about it so I'm not fighting it on my own. I did and I am awaiting a response right now to see what they can do about it.

Ryan_Bryan

York University needs money though. Sustainable Travel and Transport Managers don't come cheap.:D

Be a devil. The York Uni website has a Transport page.

http://www.york.ac.uk/admin/estates/transport/

Click on Customer Feedback and give your opinion.

Kanye_West

Probably was just given that position to respond to the letter i sent haha