Parking ticket - appeal question

dilby

Hi all - i've had a private parking ticket and apologies for possibly going over old ground, but I need to know whether an appeal/letter is required. I've read a lot on here about POPLA appeals, writing soft appeal letters etc, but I've also read elsewhere to do nothing. So in short, i know roughly what I need to do if indeed I do need to do anything?

In short: parked almost 4 hours in 3 hour mall car park in swansea as had an early meeting (8am) with mortgage advisor. We thought that by parking before the shops opened wouldnt count. Obviously that was an oversight. Since had second letter (fine now from £60 to £100). I've ignored it as i thought that's what you are mesnt to do but now I'm worried that's outdated/incorrect advice.

Thanks!

Northlakes

Read and digest the NEWBIE threads and read them again.
They are the bible of do's and don'ts and come back with more info and the experts here can help.

Ignore is not a word you will find in these authoritative guides.

wiogs

dilby wrote: »

Hi all - i've had a private parking ticket and apologies for possibly going over old ground, but I need to know whether an appeal/letter is required. I've read a lot on here about POPLA appeals, writing soft appeal letters etc, but I've also read elsewhere to do nothing. So in short, i know roughly what I need to do if indeed I do need to do anything?

In short: parked almost 4 hours in 3 hour mall car park in swansea as had an early meeting (8am) with mortgage advisor. We thought that by parking before the shops opened wouldnt count. Obviously that was an oversight. Since had second letter (fine now from £60 to £100). I've ignored it as i thought that's what you are mesnt to do but now I'm worried that's outdated/incorrect advice.

Thanks!

As above read and follow the advice on the newbies thread.

And it is not a "fine"

Coupon-mad

The 'Newbies' sticky thread tells people what to do if 'you think you are too late to appeal?'. That's why I wrote that bit, to avoid threads from people saying 'what do I do, I ignored the first letter, am I too late to appeal?' We can't keep answering this as the forum is too busy and we need to help people with POPLA and IAS appeals and rare court claims.

By all means bump this thread again if you get a POPLA code in the end after sending a late appeal. And tell us which PPC at the time (we don't need to know now).

And it's NOT a fine!

dilby00

Thanks all - I knew the forums were there, but I was just confused about the conflicting information I've read on other sites, but I'll ignore that all now as have discovered it's because the law changed.

I'm still a little confused in regards to whether I'm too late to appeal or not. The forum outlines how I can reset the appeal process depending whether it's a notice to driver or keeper, but in this case the driver was the keeper (me). The wording on the ticket doesn't help me either;

It states that payment is required within 28 days of the notice (notice is dated 02-10-2014), but then states in the paragraph below that after 7 days of failure to pay, a debt could be filed against me in the county court. It then states on the back i can appeal and they will respond within 35 days, but I have 28 days to do so. Confusing eh?!

Curiously, although the letter says appeals have to be done via written letter, they have a website with an appeals form that states they aim to respond within 10 days.

So in regards to 'being too late' - what liberties have I given up waiting so long?

Northlakes

Presumably you have received a Notice to Keeper?
Which PPC is it?

Let us know but do not divulge any personal details as PPC's monitor this forum.

You have a few days to get your soft appeal in by E-mail.

So come back quickly.

dilby00

HI -

It's ANPR PC LTD

And yes I have received that Notice to Keeper.

Thanks

Northlakes

Use this first appeal which is the latest from CM, obviously change the bits to make it relevant. This first appeal will usually be rejected, but we are seeing PPC's taking a financial judgement and deciding not to pursue when they see a well worded forum appeal.

Bloggs PPC
Anystreet
Anytown


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on the following grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is an unrecoverable penalty and not commercially justified.
b). The signage is insufficient, the risk of a charge is not transparent and the wording is ambiguous.
c). There is no evidence that you have any proprietary interest in the land.
d). Your written 'notice' fails to comply with the POFA 2012.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

The purpose of this communication is threefold:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn in the absence of evidence. As such, you must either rely on the POFA 2012 or cancel the charge if you cannot claim keeper liability. Please uphold this challenge or send a rejection letter, so I can escalate this appeal to the independent appeal service offered by your Trade Body.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal costs. Equally, I have incurred costs to date, for researching the law, reading your Notice and responding, despite a lack of contract. I calculate both my costs and yours to be under £15 at this early stage, therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my expenses.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged contract which was never properly offered or explained by you. The charge is not acknowledged, is not due and no 'service' from you was ever expressly requested by the driver or by me. Neither the driver nor myself gave 'prior express consent' or any consent at all for the alleged contract and it is not for me to reimburse you for foisting an unexpected and non-negotiated contract upon any driver of my vehicle. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - your IAS or POPLA, then the contract still ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies.

As well as not meeting the requirements of the POFA 2012, it is my view that you have breached the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013. In replying, you will also be acknowledging receipt and understanding of points 2 and 3 above. Where sent by post I have obtained proof of posting; where submitted online/by email it is deemed received by you unless proved otherwise. I look forward to your considered reply within 35 days.

Yours faithfully


{the registered keeper's name}

When you get the POPLA code come back for more detailed info as the POPLA appeal needs to be accurate and tuned to the information on the NTK.

Coupon-mad

but in this case the driver was xxxxxxx xxxxxxx

Well obviously you don't say that in the appeal. no idea why you wrote it here either. We didn't want or need to know that and of course that's not to be said again.

dilby00 wrote: »

HI -

It's ANPR PC LTD

And yes I have received that Notice to Keeper.

Thanks

So what's confusing? That's the exact letter the Newbies thread tells you to wait for, then appeal. And then it says if you think you are too late, appeal anyway.