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Car park ticket at Wickes in Halifax
sylwiax
Posts: 4 Newbie
Hello, can anyone help me please.
I am new on this forum and also I am not English so sorry for my language.
In October 2013 I received a ticket at Halifax Wickes car park. I parked my car there and before I went to store I went across the road to go to the toilet to another store as Wickes doesn't have a toilet and to the cash machine. It took me half an hour. When I came back I found a ticket. Then I went to store to buy something to have a proof that I was a customer. I planned to do a lot of shopping in Wickes at that day, but after receiving a ticket I was not in a mood to do shopping. I just bought a box of brushes.
I send a letter to Vehicle Control Service asking for cancel the ticket as I didn't break a parking rules: I was a customer and I didn't stay over 2 hours, but they rejected my request.
Then I send an appeal to POPLA, I am attaching the letter here:
"I am writing to you in regards to the parking penalty ticket, which I have received on the parking of Wickes' shop. I ask that you please cancel the ticket because it was issued very unfairly. On the 24/10/2014, about 10:25am I parked my car in front of the shop Wickes in Halifax with the intent of shopping in Wickes. I was however very sick that day and I needed to go the toilet first. Due to Wickes not having public toilets, I had to go across the road to another shop to use the toilet. Coming back I went to the cash machine. Parking in front of Wickes allows customers to stay there for 2 hours. I came back within a half an hour and noticed I was received a ticket. I was really unhappy due to this unfairness and went inside Wickes and did my shopping first ( I was going to buy much more items but I was too upset to do this so I only took a box of brushes) following up by trying to find customer service and have this injustice sorted out. But I was told by the customer service that they are unable to do it, and I need to get in touch with the owner of the parking. So I sent many letters to Vehicle Control Services Ltd . (they were making me waste a lot of time, money and cause a lot of stress to me), asking for cancelling that ticket but they rejected my requests. Then I sent them a letter asking for verification code. Instead of that they sent me a letter from a debt agency. It is ridiculous as I am not guilty. I would therefore please ask you to cancel this ticket as it was issued very unfairly. I didn’t break the parking rules, I didn’t stay over the 2-hours limit and I had been shopping in this store. I am really sorry about this situation but I just had to go to the toilet first. I also would like to say that the whole parking was empty so it's not like I was even taking someone's space. I am also a customer that shops at Wickes very often for many years now. Thank you. "
To my surprise, POPLA refused my appeal saying that the car park signs at Wickes in Halifax say: max 2 hours for customer only whilst on premises. I am sure that in October, when I got a ticket, the sign boards was different, without: whilst on premises.
This is my POPLA decision:
"The Operator issued parking charge notice number VC02875311 arising
out of the presence at Wickes, Wade Street (Halifax), on 24 October
2013, of a vehicle with registration mark ....
The Appellant appealed against liability for the parking charge.
The Assessor considered the evidence of both parties and determined
that the appeal be refused.
The Assessor’s reasons are as set out.
In order to avoid any further action by the operator, payment of the
£100 parking charge should be made within 14 days.
Details of how to pay will appear on previous correspondence from the
operator.
2 04 July 2014
Reasons for the Assessor’s Determination
The operator issued parking charge notice number VC02875311 arising out of
the presence at Wickes, Wade Street (Halifax), on 24 October 2013, of a
vehicle with registration mark...... The operator recorded that the
appellant parked their vehicle at the site and left the site.
The operator’s case is that there is clear signage displayed across the site
informing motorists that customers are allowed to park for 2 hours whilst they
are on the premises only. The operator submits that the appellant was seen
walking off the site and therefore breached the terms and conditions.
The appellant’s case is that they did not exceed the maximum stay of 2 hours.
The appellant submits that they parked at the site and were feeling sick. The
appellant states that they had to go to the toilet, the appellant submits that
Wickes do not have a toilet which is why they had to go to another shop
across the road to use their toilet facilities.
Considering carefully, all the evidence before me, I find that when parking on
private land, the onus is on the motorist to comply with the terms and
conditions of the site. I find that by parking their vehicle at the site and
leaving the premises, the appellant breached the terms and conditions of
using the site. I note the appellant’s case, however this is mitigation. Mitigating
circumstances do not form a valid ground to allow an appeal.
Accordingly, this appeal must be refused."
I went with my husband to the Wickes car park and we spoke with car park officer who confirmed that signs was changed recently.
Then I sent a letter to Vehicle Control service:
"Please give me the exact dates on when the signs on the Halifax's
Wickes' parking was changed. I have gotten a ticket on October 2013
when the signs said "Customer parking only. Max stay 2 hours." Right
now the signs say "Customer parking only, whilst on premises. Max stay
2 hours.". This was clearly changed and I need to know the exact dates
as I need a proof to resolve my unfair ticket.
Thank you"
Also I sent a letter to POPLA:
"I have just received your decision in regards to my car park ticket
(verification no: 9061434003). Your reasoning behind your decision is
that car park signs says "Customer parking only, whilst on premises".
I wanted to point out that in October, when I have received the
ticket, it did not say that - that was added later on- the signs was
changed. When I received the ticket, all that was written was
"Customer parking only, max stay 2 hours", which is why I know that I
have not broken any rules. I was the customer of the shop and I have
not broke the 2 hour rule. It said nothing about "Whilst on premises"
at the time.
I just drove to the parking with my husband and I was speaking with
the officer of the parking, who himself confirmed that it did not say
"Whilst on premises" in the past but the signs was changed. I am going
to write to VCS to get exact proof of this.
Also I have received two letters from VCS in the past: in the letter
dated 05.04.2014 they said " The signs on site clearly state: Customer
Parking Only", while in the letter dated 23.05.2014 they changed text
to "The signs on site clearly state: Customer parking only whilst on
premises" - just another proof that the sign was indeed changed. This
is why I ask that you again reconsider your decision was the ticket
was given to me unfairly."
Vehicle Control Service ignored me completely and didn't even respond, POPLA send me a letter today:
"Thank you for your communication about the Assessor’s decision in the above matter.
I have to tell you that the Assessor’s decision is final.
In order to avoid any further action by the operator, payment of any amounts owed should now be made without delay. Details of how to pay will appear on previous correspondence from the operator."
Can anyone advice me what should I do?
I spent so much time about this matter, it made me so stress and costed nerves, I think this is completely unfair, they just stalked me. I am not stupid, if it was a signs there: 2 hours for customer whilst on premises, I wouldn't discuss and just pay my fine. But the board before didn't say anything about: whilst on premises, and I knew that I didn't break car park rules.
I understand they are looking for a source of money, but let them collect money from people who are really guilty.
Can anyone help me please?
I am new on this forum and also I am not English so sorry for my language.
In October 2013 I received a ticket at Halifax Wickes car park. I parked my car there and before I went to store I went across the road to go to the toilet to another store as Wickes doesn't have a toilet and to the cash machine. It took me half an hour. When I came back I found a ticket. Then I went to store to buy something to have a proof that I was a customer. I planned to do a lot of shopping in Wickes at that day, but after receiving a ticket I was not in a mood to do shopping. I just bought a box of brushes.
I send a letter to Vehicle Control Service asking for cancel the ticket as I didn't break a parking rules: I was a customer and I didn't stay over 2 hours, but they rejected my request.
Then I send an appeal to POPLA, I am attaching the letter here:
"I am writing to you in regards to the parking penalty ticket, which I have received on the parking of Wickes' shop. I ask that you please cancel the ticket because it was issued very unfairly. On the 24/10/2014, about 10:25am I parked my car in front of the shop Wickes in Halifax with the intent of shopping in Wickes. I was however very sick that day and I needed to go the toilet first. Due to Wickes not having public toilets, I had to go across the road to another shop to use the toilet. Coming back I went to the cash machine. Parking in front of Wickes allows customers to stay there for 2 hours. I came back within a half an hour and noticed I was received a ticket. I was really unhappy due to this unfairness and went inside Wickes and did my shopping first ( I was going to buy much more items but I was too upset to do this so I only took a box of brushes) following up by trying to find customer service and have this injustice sorted out. But I was told by the customer service that they are unable to do it, and I need to get in touch with the owner of the parking. So I sent many letters to Vehicle Control Services Ltd . (they were making me waste a lot of time, money and cause a lot of stress to me), asking for cancelling that ticket but they rejected my requests. Then I sent them a letter asking for verification code. Instead of that they sent me a letter from a debt agency. It is ridiculous as I am not guilty. I would therefore please ask you to cancel this ticket as it was issued very unfairly. I didn’t break the parking rules, I didn’t stay over the 2-hours limit and I had been shopping in this store. I am really sorry about this situation but I just had to go to the toilet first. I also would like to say that the whole parking was empty so it's not like I was even taking someone's space. I am also a customer that shops at Wickes very often for many years now. Thank you. "
To my surprise, POPLA refused my appeal saying that the car park signs at Wickes in Halifax say: max 2 hours for customer only whilst on premises. I am sure that in October, when I got a ticket, the sign boards was different, without: whilst on premises.
This is my POPLA decision:
"The Operator issued parking charge notice number VC02875311 arising
out of the presence at Wickes, Wade Street (Halifax), on 24 October
2013, of a vehicle with registration mark ....
The Appellant appealed against liability for the parking charge.
The Assessor considered the evidence of both parties and determined
that the appeal be refused.
The Assessor’s reasons are as set out.
In order to avoid any further action by the operator, payment of the
£100 parking charge should be made within 14 days.
Details of how to pay will appear on previous correspondence from the
operator.
2 04 July 2014
Reasons for the Assessor’s Determination
The operator issued parking charge notice number VC02875311 arising out of
the presence at Wickes, Wade Street (Halifax), on 24 October 2013, of a
vehicle with registration mark...... The operator recorded that the
appellant parked their vehicle at the site and left the site.
The operator’s case is that there is clear signage displayed across the site
informing motorists that customers are allowed to park for 2 hours whilst they
are on the premises only. The operator submits that the appellant was seen
walking off the site and therefore breached the terms and conditions.
The appellant’s case is that they did not exceed the maximum stay of 2 hours.
The appellant submits that they parked at the site and were feeling sick. The
appellant states that they had to go to the toilet, the appellant submits that
Wickes do not have a toilet which is why they had to go to another shop
across the road to use their toilet facilities.
Considering carefully, all the evidence before me, I find that when parking on
private land, the onus is on the motorist to comply with the terms and
conditions of the site. I find that by parking their vehicle at the site and
leaving the premises, the appellant breached the terms and conditions of
using the site. I note the appellant’s case, however this is mitigation. Mitigating
circumstances do not form a valid ground to allow an appeal.
Accordingly, this appeal must be refused."
I went with my husband to the Wickes car park and we spoke with car park officer who confirmed that signs was changed recently.
Then I sent a letter to Vehicle Control service:
"Please give me the exact dates on when the signs on the Halifax's
Wickes' parking was changed. I have gotten a ticket on October 2013
when the signs said "Customer parking only. Max stay 2 hours." Right
now the signs say "Customer parking only, whilst on premises. Max stay
2 hours.". This was clearly changed and I need to know the exact dates
as I need a proof to resolve my unfair ticket.
Thank you"
Also I sent a letter to POPLA:
"I have just received your decision in regards to my car park ticket
(verification no: 9061434003). Your reasoning behind your decision is
that car park signs says "Customer parking only, whilst on premises".
I wanted to point out that in October, when I have received the
ticket, it did not say that - that was added later on- the signs was
changed. When I received the ticket, all that was written was
"Customer parking only, max stay 2 hours", which is why I know that I
have not broken any rules. I was the customer of the shop and I have
not broke the 2 hour rule. It said nothing about "Whilst on premises"
at the time.
I just drove to the parking with my husband and I was speaking with
the officer of the parking, who himself confirmed that it did not say
"Whilst on premises" in the past but the signs was changed. I am going
to write to VCS to get exact proof of this.
Also I have received two letters from VCS in the past: in the letter
dated 05.04.2014 they said " The signs on site clearly state: Customer
Parking Only", while in the letter dated 23.05.2014 they changed text
to "The signs on site clearly state: Customer parking only whilst on
premises" - just another proof that the sign was indeed changed. This
is why I ask that you again reconsider your decision was the ticket
was given to me unfairly."
Vehicle Control Service ignored me completely and didn't even respond, POPLA send me a letter today:
"Thank you for your communication about the Assessor’s decision in the above matter.
I have to tell you that the Assessor’s decision is final.
In order to avoid any further action by the operator, payment of any amounts owed should now be made without delay. Details of how to pay will appear on previous correspondence from the operator."
Can anyone advice me what should I do?
I spent so much time about this matter, it made me so stress and costed nerves, I think this is completely unfair, they just stalked me. I am not stupid, if it was a signs there: 2 hours for customer whilst on premises, I wouldn't discuss and just pay my fine. But the board before didn't say anything about: whilst on premises, and I knew that I didn't break car park rules.
I understand they are looking for a source of money, but let them collect money from people who are really guilty.
Can anyone help me please?
0
Comments
-
We could have helped you more if you'd asked before sending that terrible waste of time POPLA appeal. Our wording always wins, every time, so you've missed a trick.To my surprise, POPLA refused my appeal
Sadly we are not surprised because you didn't send a strong appeal, you just said what happened which POPLA cannot act upon. Such a wasted opportunity!
Now, like everyone else who misses the point of the 'golden ticket' of the POPLA appeal, you will have to ignore the debt collector letters and only take seriously any letter from VCS themselves. Or a court claim if that arrives, which we would help you to defend.
Just collect the debt collector letters and 'kick yourself' a bit for missing the point of how to win at POPLA. But don't be too harsh on yourself and don't worry and don't pay, you DO NOT have to pay as POPLA is NOT binding on you.
So come back and reply here later on if you get court papers or a Letter before Court' from VCS themselves...NOT from debt collectors, we don't care about those letters!
Question:
- if there were 2 of you in the car that day, were you both off site?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
unfortunately you didnt get help from here so didnt appeal using legal arguments as per the NEWBIES thread, you used mitigation which popla cannot and will not accept, hence their decision (check their website if you dont believe me)
no its not fair, none of them are, which is why this forum gets so busy
had you included not a gpeol, no contract and poor signage etc you would have won at popla, but you didnt so you lost, that decision is final
the options now are to get the invoice cancelled by wickes (or the landowner), pay up (which I dont advocate) , or wait out the debt collector letters and only deal with an LBC or an MCOL
you cannot appeal the popla decision, its a one shot deal which was wasted due to your lack of knowledge and not checking what they wont accept (mitigation)
the ideal solution is a wickes cancellation0 -
Thank you very much for your answers.
How can I get a wicket cancellation?
I spoke with a Wickes staff in Halifax and they said they have nothing to do with a car tickets as it is private car park.0 -
If it is their car park managed by a PPC they can get it cancelled. Speak to the manager not the staff and email head office i and complain too.Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.0
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Backing up Dee. Speak to the manager of the store and let them know you are a customer of their store and would be grateful if they can sort this out for you
**********************************************
Trying to educate people to stop littering the country side in trail races!!!
**********************************************0 -
Ok, thank you.
And also could you tell me please, if I go to the court and if I lose a case, how much more will I need to pay?
And do I have a chance to win, because if not maybe it is not worth it? I am feeling that car ticket was very unfair and that's why I don't want to pay but from the other hand it cost me a lot of stress.0 -
You have an excellent chance of winning. There are lots of cases on here that have won based on the stickies. Forgot yr circumstances and just nail your case on what the guys/gals tell you to do here.**********************************************
Trying to educate people to stop littering the country side in trail races!!!
**********************************************0 -
For consolation, look at the most recent court case win here: https://forums.moneysavingexpert.com/discussion/5010394**********************************************
Trying to educate people to stop littering the country side in trail races!!!
**********************************************0 -
Ok, thank you.
And also could you tell me please, if I go to the court and if I lose a case, how much more will I need to pay?
And do I have a chance to win, because if not maybe it is not worth it? I am feeling that car ticket was very unfair and that's why I don't want to pay but from the other hand it cost me a lot of stress.
VCS very rarely take cases to court and they are usually beaten by us. In fact I can't remember one that VCS won, that we had any involvement in.
If it happened then yes, we could help you with a strong defence and you'd have a very good chance to win.
If you lost (UNLIKELY) then you would just be told to pay, maybe £150 altogether including the small claim fee. No solicitors' costs nor anything terribly expensive.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you all for your responses. I will let you know how things are going.0
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