Thanks! - and a question...

Mike172

Just wanted to say thanks for the information in the sticky's and the threads throughout this forum - Coupon Mad and MSE Andrea especially but not ruling out everyone else!! Ive followed this closely for the last year or so because residents (who have a right to be there) of my flat complex get done all the time for minor things like having a permit slide down the windscreen and be only 2/3 visible.

My friend got a ticket last night and we will be following the appeal process outlined in the threads when he gets the NTK.

I just wanted to check that it really doesnt matter how you got the ticket..... (and please dont be mad at me for asking ).....

My friend got a ticket last night from CPM. Parked in my allocated space displaying a photocopied permit (my permit but photocopied non the less). Ive been parked in the space next to mine for 12 months now which isnt mine. On the website hes had a look at the photos and has been done for displaying invalid permit. So he has no right to be there what so ever.

Does this matter - bod 467 stated in another thread....

bod1467 wrote: »

It doesn't say those specific things because it doesn't matter. "What happened" is irrelevant. Just follow the advice - send that template appeal to the parking company after you have received the notice to keeper; copy-paste if you wish. (Drop the last bit about claiming costs if you want).

Is it as simple as that?

Redx

basically , yes, the appeals are on legal grounds, not "what happened"

Mike172

Thanks. I guess theres always the excuse that I forgot my permit or something. Lease trumps enforcement anyway....

Will await NTK now.

Redx

Mike172 wrote: »

Thanks. I guess theres always the excuse that I forgot my permit or something. Lease trumps enforcement anyway....

Will await NTK now.

admit nothing at all, excuses wont wash

appeal the NTK as RK and dont mention who the driver was

dont try and be clever about it, thats when mistakes are made

check the lease by all means, complain to the managing agent , if its your land or lease then you have the upper hand as "landowner"

I am sure others will advise you of your rights under the lease, better than I can anyway , especially your right to "quiet enjoyment"

but one ting I have learned is to not admit anything at all, especially not making excuses and giving away legal defence points

make them prove their case , use the "no comment" methods , prevail and win

Mike172

Cheers. I will so what it says in the stickys and update as I go along.

Coupon-mad

Mike172 wrote: »

Thanks. I guess theres always the excuse that I forgot my permit or something. Lease trumps enforcement anyway....

Will await NTK now.

Do not write a letter of appeal about 'what happened' (mitigating circumstances are pointless and the word 'permit' almost always has no place in any POPLA appeal)! Thanks to da_rule for explaining why this would fail:

https://forums.moneysavingexpert.com/discussion/comment/65659087#Comment_65659087

HTH

Mike172

Coupon-mad wrote: »

Do not write a letter of appeal about 'what happened' (mitigating circumstances are pointless and the word 'permit' almost always has no place in any POPLA appeal)! Thanks to da_rule for explaining why this would fail:


HTH

Thanks for that

Mike172

Figured id revive my own thread rather than add another! - You regulars must go insane!

How have these parking companies not adapted and changed their claims or requests for money yet - as we are still appealing tickets based on the NTK's we are receiving not being 'valid' through POPLA. Surely they would wake up and cotton onto this and get together a solid parking notice that conforms to legislation - thus preventing us (and myself) from challenging it?

I worry because if it were me id make sure it was water tight and improve on things over time. Im awaiting this NTK (almost at the 2 week point now) and i know some arrive 6 months later! Dont they have something like 6 years to follow up the ticket? Dont want to get a year down the line when my friend finally receives this NTK to find legislation has changed and the approach with POPLA is no longer valid.

Much respect to the regulars that post and help out. Hard to find forum users that go out of their way to explain the same thing over and over again!

Coupon-mad

Nope, in two years we've learnt how to win at POPLA and they...haven't! PPCs have recently tried copying a GPEOL statement that a PPC won a couple of cases with:

http://parking-prankster.blogspot.co.uk/2014/08/large-number-of-parking-companies-lying.html

...within days we had countered the argument (it wasn't difficult and POPLA should never have swallowed it!).

And your friend's NTK (or 'demand' or whatever they call it) will arrive in the end. It's good if it's late but CPM don't normally miss the 56 day deadline. They do, however, lose at POPLA. They won a case once but we/the poster got it overturned after waiting months for a review, as the Assessor erred! Read the 'lesnmandy' thread while you are waiting - that was the one lost at first v CPM. Won't happen again.

ezerscrooge

These PPCs won't change their ways, not when 99% of their 'parking charges' are being paid by gullible people to get the 'discount'. If they were to be fair and follow a real GPEOL then the most they could charge would be about £12, and in many cases zero (where car parks are free and no loss could possibly have occured).

So 99% at £50 or 100% at £12? If I was in the money generation business then I know what I'd go for. That is why it is important to spread the word of how easy it is to beat these firms - the more people that appeal and win, the more likely their businesses will collapse.

So if everyone in your complex appealed, and won, it will hammer a nail in the CPM coffin. And CPM could very well walk away from your complex as it would be costing them £27 per appeal with no income being generated from the 'parking charges'.

Mike172

NTK is here with images of my mates car and the photocopied permit. Hes being a !!!!!! as his dad is telling him all he needs to do is get a written statement from me saying i gave him permission to be in my space which i know they will refuse - because other in my flat have done the same and failed... also whats the difference between me getting fined for 'not displaying a valid permit' in my own space and him getting exactly the same. Im following the process laid out on these forums now.

Worried about this Amy Riley at POPLA declining appeals - how on earth has that come about? Does GPEOL apply here? As this is a private parking area for residents with allocated spaces there is no loss to anyone. Can I appeal on the standard template on these forums?

I want to make sure im doing this correctly especially considering Amy is over ruling appeals based on GPEOL assumptions !

Following appeals process now. I will update the thread as I go along. Do I need to post anything form the NTK in here? Reason stated is 'Invalid Permit' and the rest I assume is standardised.