Evidence Pack

bazster

Poor old David Chandler, his brain cell might explode under the strain of all this.

zoeisababe

Thank you so much CM!! you are a star!!! an absolute genius!

Bazster - Never mind bloody David Chandler...my brain has exploded.

Coupon-Mad - i have so many emails. Is it worth starting a new thread and posting everything from the beginning on there?

Hot_Bring

zoeisababe wrote: »

Coupon-Mad - i have so many emails. Is it worth starting a new thread and posting everything from the beginning on there?

Without wishing to put words in C-M's mouth, the answer is no. Keep everything in this thread.

zoeisababe

In the beginning, before reading this forum came my appeal to APS UK Ltd

Good morning.


Please use this reference number when contacting myself – ZLCV7814.

Whilst my brownies were on a repeat trip to St Annes, which is a 3 hour round trip (4 kids in tow on 07/08/14) they received a parking ticket.

The purpose of this visit was for the girls who are all brownies to achieve their special centenary birthday badge. The work they had to carry out as part of their badge was to look after a community.

Now, they decided to come to St Annes, have a nice fish and chip lunch, play in the arcade, buy a bucket and spade, play in the sand, go on the inflatable’s before the hard work started. Bearing in mind with 4 kids this is already a second mortgage.

They picked up other visitors rubbish on the beach, spent a good hour walking around picking up empty bottles, crisp packets, fish and chip papers, even a couple of nappies....they were surprised how much rubbish people leave laying around, affecting the area and wild life.

Now I will be appealing this on behalf of them ,if this is rejected I am happy for you to refer this appeal to POPLA.

They are a law abiding citizens who don’t make a habit of being late back to their car or breaking the law.

Many thanks in advance.
Zoe

zoeisababe

Then the 1st Reply from APS UK Ltd

[FONT=&quot]Dear Zoe[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Parking Charge Notice Number – APS0076[/FONT]
[FONT=&quot]Vehicle Detail – V***A[/FONT]
[FONT=&quot]Location – St Annes Pier Car Park, St Annes[/FONT]
[FONT=&quot]Date / Time 07/08/14 15:20[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Your Ref:- ZLCV7814[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We are writing in correspondence to your e-mail in regards to a parking charge notice that was issued at the above Location for not parking accordance to the rules of the area.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The vehicle in question was parked on private land, quite simple you are not entitled to park on private land without the land owners consent. In the case of this particular land, the land owner agreed to allow parking on the following terms, namely:- [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]a)[/FONT][FONT=&quot] [/FONT][FONT=&quot]That you have to display a valid Pay And Display Ticket [/FONT]
[FONT=&quot]b)[/FONT][FONT=&quot] [/FONT][FONT=&quot]You agree to pay a fee of £100.00[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The private land contained signs from All Parking Services UK LTD confirming the terms and conditions prevalent in relation to the aforementioned private land in terms of parking. The terms and conditions of the parking on this private land were clearly set out on the signs and by parking your vehicle you accept those terms and conditions which were clearly stated in unambiguous language.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]During a routine patrol of the car park our officer came to the vehicle registration above and checked to see if the vehicle had a valid pay and display ticket on display, you did have a ticket on display, unfortunately it had expired at 15:10 on the 7th August 2014. The grace period set out in the British Parking Association Code of Practice is 5 minutes when a ticket expires, our attendant left the vehicle for 10 minuets before issuing a parking ticket.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Whilst we can sympathise with the comments in your e-mail, unfortunately your appeal has been rejected. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]You can now do one of two things make the payment as below or appeal to POPLA the independent appeal body @ [/FONT][FONT=&quot]www.popla.org.uk[/FONT][FONT=&quot] [/FONT][FONT=&quot]at the original ticket charge of £100.00[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]May we take this opportunity to remind you that you have 14 days from the day the Parking Charge Notice was issued to pay at the reduced rate of £60.00, after which payment return to the original amount of £100.00.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]POPLA Code / 0162234002[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Payment can be made via our website through paypal[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] Kind Regards[/FONT]

zoeisababe

After having a google I found bits of crap information (didn't realise how crap until I read this forum!) and emailed them again

Good morning.

A couple of things I’d like to point out on behalf of the case reference - APS 007699
“The driver enters into a contract with the landowner when they driver into the car park. This means that it is only the driver that can be subject to a ticket from a private company. If they do not know who the driver was, they cannot claim a penalty. They have no legal right to demand that you identify the driver.”
[FONT=&quot]“[/FONT]Additionally, you may be able to reduce any fine issued by a private company. Under contract law, they can only claim for any loss they have suffered because of your offence. They may try to claim a penalty of, say, £100, but in law they may only be entitled to any revenue they had lost. So, if you pay £2 to park for one hour, but stay for three hours, they can only claim for two hours of lost revenue, which is £4.”
The driver is willing to reimburse you for loss of revenue which would equate to 20p, according to the parking ticket.

zoeisababe

APS UK Ltd


Dear Zoe

Legislation changed in October 2012, which now states that if the keeper of the vehicle does not supply the drivers name and address we are entitled to pursue the keeper for payment.
We would not be claiming loss, but specific performance of the contract.

Kind Regards

zoeisababe

From me:




At the end of the day, the amount is an unfair amount.

I will forward the email chain to the address you gave me below.

zoeisababe

I then did my appeal on POPLAs website similar to my original appeal to APS UK Ltd on the 11th August. I had an email saying I would hear back on or around 16th September:

We have received your appeal.
This will now be sent to All Parking Services UK Limited.The operator will send their evidence to us and to you before the scheduled date of hearing.
Your appeal will be considered on or soon after 16 September 2014
You will be notified of the decision as soon as it is available, in the manner you selected.
Yours sincerely,

zoeisababe

I emailed POPLA on the 21st October, becuase I hadnt heard anything and I had recieved a reminder from All Parking Services UK Ltd for £100 now.