Capital 2 Coast Parking ticket

pimiles

Hi,

I received a ticket from a company called Capital 2 Coast, in Brighton next to Sticky Mike's Frog Bar on the 20-11-14, the fine was for £60 if I paid within 13 days, if I missed those 13 days or appealed, it goes up to £100. I appealed 3 days later. I didn't receive any email back saying that they had received my appeal or what the verdict was.
On the 9-12-14 I get a letter through my door saying I have to now pay a fixed charge of £100, which I have to pay within 28 days!
I phoned up the company enquiring if they received my appeal, which they informed me they had and they had rejected it, yet I hadn't received anything letting me know this. I then asked them if they'd be able to send me a copy of my appeal so I have it for a reference and they just denied me anything and were incredibly rude!

Here is my first appeal:

"Capital2Coast,

On the 20th October 2014, 19:11, I was given a fixed charged notice for "parking in roadway", I am appealing against this as I believe I have a fair reason to why I was parked in that area.

First of all I wasn't parked in the middle of the road on Middle Street, but next to the smoking area of Sticky Mike's Frog Bar, my reason for parking here, which I usually try to avoid, was because all the parking and loading areas were already taken, I'm female and only 20 years old and was having to load heavy equipment, such as amps and drums into the venue and by parking next to the venue it made it a lot easier for myself, along with being a lot less time consuming and having to drive another 10 minutes to find a parking space, which would be to far away from the venue for me to carry this heavy, bulky equipment.

When parking I made sure there was plenty of space for other vehicles to get past, I knew I wasn't going to be more than 10-15 minutes so thought this would be acceptable.

I work closely with Sticky Mike's and have always found parking to be a struggle for anyone in a band or involved with the venue. The owner has also contacted you regarding my fixed charge noticed explaining what had happened.

I hope you accept my appeal as I think I have a very fair reason.

I look forward to hearing the outcome.

Thank you,"

So after receiving the £100 fix noticed, I seeked help from some friends. Some told me to ignore it, another told me to send them this:

"Dear Whomever it may concern,

As the registered keeper of EU02 ZNW I'm in receipt of your parking invoice 25669 dated 20/10/2014 I wish to invoke your appeals process as all liability to your company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist on taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter, or forward a POPLA verification code.

Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.

Thank you,"


Which they replied:
"Good Afternoon

You have appealed fixed charge notice for the second time, this appeal will not be heard as we have no obligation to answer re-appeals.

The charge will be sent to debt recovery with further costs involved 28 days from when the demand was issued.

If you had wished to appeal further, you could have done so to the Impartial Appeal Service up to 21 days after C2C had rejected your first appeal but this opportunity has now been lost.

The standard text you have put in your second appeal is largely irrelevant as the charge was issued under contract law (not trespass or damages) and that was the terms you agreed to when you parked your vehicle without a permit and in exchange for being allowed to park you have agreed to pay C2C £100.00 plus any recovery costs that may be needed.

I’m unsure why you have made references to the BPA and POPLA as we are not accredited by the BPA, we are fully accredited by the IPC (The Independent Parking Committee).

On the 03rd January 2015 the debt will be passed to the debt recovery specialists with further costs involved, we invite you to make payment prior to this date to avoid further fees.

C2C will not engage in any further correspondence in relation to this parking charge, But have attached a copy of your old appeal that you were emailed on the 06-11-2014 at 10:04.

Regards

Admin Department"

I was not given the 21 days to appeal after receiving the fixed charged letter though my door and I'm now not sure what to do. Should I be worried, or ignore what they have told me?
Would anyone be able to help me.

Thank you

Pimiles x

Guys_Dad

Pictures of the signs could be helpful as they may fail to be compliant with the IPC recommendations.

As you have now missed IAS (according to them), then it's a waiting game to see if they fancy their chances in court. If they do, you will need further help from here, so photos will be needed.

Ignore debt collectors but not Northampton Court papers.

Coupon-mad

I would ignore the silly debt collector letters and complain to Sticky Mike's Frog Bar, who are possibly the idiots who contracted with this bunch. Take your silly PCN in there and ask who contracts with the scumbags and push until someone can tell you who can cancel such fake PCNs. The Bar? The Landowner? Who? COMPLAIN!

You should have parked on double yellows to unload! YOU CAN YOU KNOW. There are plenty of double yellows along Middle Street that would have been OK to park the car whilst unloading. I have parked there myself before to drop people off to a restaurant which is also an exempt activity on double yellows where there are no 'loading restrictions'. You can and should use yellow lines (with no kerb blips) for unloading if all bays are taken. Any Council PCN on a yellow line(s) is appealable if unloading!

I am local and I am Mum of four, with a daughter your age - send me a pm if you get actual court papers (you won't). DO NOT PAY, DO NOT PANIC. Just collect the letters and laugh at them - as long as they are not actual small claim papers which are perfectly defendable if you know how (and I do). Debt collector cannot start court (despite what their scary letters say!) and C2C are ex-clampers who wouldn't know how.

If your parents are concerned, tell them to send me a pm as I am not having a 20 year old Brighton girl paying this lot!

bazster

I deny that any contract exists between me and One Parking Ltd. However, since you assert that there is a contract, please note the following:

I hereby cancel any contract with One Parking Ltd. for the service of parking at <location> on <date>. This cancellation is given under the terms of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Guys_Dad

bazster wrote: »

I deny that any contract exists between me and One Parking Ltd. However, since you assert that there is a contract, please note the following:

I hereby cancel any contract with One Parking Ltd. for the service of parking at <location> on <date>. This cancellation is given under the terms of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

In an attempt to facing Groundhog day, OP might wish to take up the story from the bottom of page 1 here https://forums.moneysavingexpert.com/discussion/5131500

Might save lots of people lots of time. :beer:

bazster

Still not read the regs properly then GD?

Guys_Dad

bazster wrote: »

Still not read the regs properly then GD?

Just saving others from repeating previously aired views,Baz.

Anyway, the correct interpretation has to be on hold until there has been a case to decide. I have read on and off forum your thought out interpretation and see no downside to MSE members following your advice. I hope you are proved right. I fear you won't be though.