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ethical parking in work car park appeal denied

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ivy.456
ivy.456 Posts: 2 Newbie
edited 24 November 2014 at 10:25PM in Parking tickets, fines & parking
Wonder if anyone can advise...I don't want to pay the £60 fine obviously (!!) for parking in my work car park at a hospital that has just been taken over by Ethical Parking.

I was ticketed as I didn't have a permit as I had a car accident the night before and swopped cars with my husband (going through insurance companies so evidence for this) leaving my permit in my damaged car.

I was working all day and my manager wrote me a letter to support this to assist with the claim. Unfortunately as i didn't have a ticket at all and am in breach of their very strict made up rules and don't seem to fall under mitigating circumstances (i.e. no-one died!) and can't see a way out of paying the £60 (which is just under my days wages!). They've already denied this first appeal and am worried about paying an even bigger fine or what 'being taken to court' really means. It just seems so unfair as the rules are to stop non-hospital staff parking there!

Do i hold my ground or are my circumstances a bit flimsy and Ethical Parking will have a field day??

Thankyou for any advice

Comments

  • Half_way
    Half_way Posts: 7,472 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Ethical parking deserve a field day, preferably one with a very angry bull.

    Ethical parking will have been hired by the car park owner, im going to assume its your works, and your work manager has written a letter demanding they back off.
    you should also get a copy of this letter, then maybe send osmoeth g like this

    Dear Ethical parking, re parking charge notice ###
    please find attached/enclosed a letter from my line manager at <company > as <company name> telling you to cancel the charge notice.
    No loss has been suffered to the landowner <company name> as a result of Vehicle <reg number> being parked on <company> car park.
    Therefore this charge is now Cancelled and I shall not be paying you a penny,
    I would also like re-assurances from you that this will never happen again, as well as an apology for the stress and worry that you have caused as a result of your unreasonable actions.
    lots of love and kisses ivy.456

    may require a bit of editing, but the sentiment of its there.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Umkomaas
    Umkomaas Posts: 43,362 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 November 2014 at 11:46PM
    Have Ethical issued you a POPLA verification code as part of their rejection letter?

    Stop worrying about 'court'. You can get rid of this very easily, and a long time before Ethical ever contemplate the prospect of court - and, by the way, they've never ever done it previously.

    Don't believe me? Read here:

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/322893/british-parking-association.doc

    Why would you think you'd be the first? Deal with this calmly, and with knowledge. Have you read the NEWBIES FAQ sticky at the top of the forum index, one page back from here?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thankyou for your replies. I think the ownership of the car park is a bit complicated, I believe my work leases the car park from another nhs trust, so technically is not my work that hired them, it was someone else, hired however to stop public from parking in hospital car parks. I have been issued a poppa code, however, after reading their website, i don't fit under any of the grounds to appeal and poppa would likely reject my appeal, so looks like I'm going to have to pay. Still feels so wrong!! I'm still trying to decide what to do....what happens if popla reject my appeal...? I'm not sure. Thnakyou for the advice, this is my first time using this forum! :-)

    (from popla website:
    Grounds of appeal

    The grounds under which you can appeal the parking charge notice are as set out below. If you are not sure which ground applies then just explain your case fully but remember that the Assessor cannot allow an appeal solely because of mitigating circumstances.

    The vehicle was not improperly parked:
    e.g. that the vehicle was not parked where stated on the parking charge notice; that you believe you were still within the time you paid for; that the voucher was clearly displayed or that the conditions were not properly signed.
    The parking charge (ticket) exceeded the appropriate amount:[/B]
    The vehicle was stolen:
    I am not liable for the parking charge: e.g. that you had sold the vehicle before, or bought it after, the alleged improper parking. However, the fact that you had paid to park the vehicle in the first place (even if, for example, the voucher was not clearly displayed) is not in itself a valid ground of appeal.
  • Umkomaas
    Umkomaas Posts: 43,362 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    so looks like I'm going to have to pay.

    Looks like you haven't even started to understand this!

    What POPLA say the grounds you can appeal on is woefully well wide of reality. You tick every box (other than stolen), then you follow the guidance in the NEWBIES FAQ sticky (jeez, how many times have I typed this today!) post #3 'How to win at POPLA' blue hyperlink. Select a similar recent example (note - you're unlikely to find an absolutely exact example) and adapt it to your circumstances.

    Then use this (flash it up here for critique if your confidence is low) as your POPLA appeal.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    i don't fit under any of the grounds to appeal and popla would likely reject my appeal, so looks like I'm going to have to pay.
    Oh Jeez, you do give up easily! Read this and think again:

    http://parking-prankster.blogspot.co.uk/2013/05/secret-reasons-you-can-use-in-your.html

    Get a grip and win like we always do with Ethical efforts. 100% win rate v Ethical at POPLA.
    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 THREAD
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