PTL Parking fine in underground parking

Dear all,

I am very sorry for disturbing you during the holiday period but I would highly appreciate your help given the experience with Parking fines.

I know I should not be nervous and worried but I am so upset that my brain stops thinking for a while and words just do not fly.

Yesterday I went downstairs to our underground garage to go for shopping and to my shocking surprise I found a PCN from PTL on my front window stating that my parking ticket is not valid. It is valid till 31.03.2015 and you can clearly see it, the only problem is that the foil and word Yellow were hidden behind the car tax disc.

Do I have any chance to appeal and cancel this fine?

Thank you very much for your time!

I know it is just a parking fine like Mario Ireland from PTL told me but I so think that it is unfair that I am even incapable to breastfeed my little daughter.

Very grateful,
Alexandra
«13456

Replies

  • bazsterbazster Forumite
    7.4K Posts
    This is a BPA member so read the Newbies thread and follow the usual process to easily beat them at PoPLA.

    And it's not a fine, it's an unenforceable speculative invoice.

    I do hope you are not saying you have spoken to Mario Ireland, that would be a particularly stupid thing to have done. He's just a knuckle-dragging ex-clamper who has nothing to say that you could possibly need to hear.

    You'll still win at PoPLA though if you follow the Newbies thread.
    Je suis Charlie.
  • I am sorry, I have lost my brain today. I called PTL, opted other question and faced the guy. You are absolutely right, I have never talked to anybody so cold and unfair...

    Thank you, I will try to find some time at night when my baby is asleep to surf the forum and write an appeal to PTL at this point.
  • bazsterbazster Forumite
    7.4K Posts
    You will find it all the more satisfying then when you beat him at PoPLA (and cost him £27 to boot).

    Newbies thread here:

    http://forums.moneysavingexpert.com/showthread.php?t=4816822

    There's no hurry though. Assuming it's your own car (i.e. not a lease, hire or company car) you don't need to do anything until after they write to you.
    Je suis Charlie.
  • Unfortunately or fortunately, I haven't understood it yet, it is my company car.
  • bazsterbazster Forumite
    7.4K Posts
    Fleritta wrote: »
    Unfortunately or fortunately, I haven't understood it yet, it is my company car.

    Who is the registered keeper? You, your employer, or some leasing company?

    This is important, the answer could mean that more immediate action is required.
    Je suis Charlie.
  • The registered keeper is my company I assume. I do not have any documents on this car. Only in HR systems it states that I am the driver.
  • How immediate actions should be? I am a woman on maternity leave with limited time available:(((( and i am regret to admit (and will never tell it to my husband) that sitting home slows down thinking process... :(((

    But I will do my best!
  • FruitcakeFruitcake Forumite
    52.5K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    Fleritta wrote: »
    How immediate actions should be? I am a woman on maternity leave with limited time available:(((( and i am regret to admit (and will never tell it to my husband) that sitting home slows down thinking process... :(((

    But I will do my best!


    Appeal now to the parking company using the appeal template in the NEWBIES thread as keeper, not driver or registered keeper.


    Use all the points in the appeal template.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Excuse me, do I need to mention my name in the appeal or should leave it as a the registered keeper's name???
  • Dear all,

    I have to admit that i was not able to modify the incredibly useful template provided here. Could you, please, kindly scan through my appeal to PPC - PTL and check weather it make sense.... Thank you very much in advance!



    I challenge this 'PCN' as keeper of the car and a resident of the above noted property, on these main grounds:

    - The sum does not represent a genuine pre-estimate of loss, nor is it a core price term as we are lawful residents of The XXXxXX Building with valid parking permit till 31.03.2015.
    - The signage at the facility states that you are appointed to manage the car park facility. There is no evidence that Parking Ticketing Limited (PTL) have any proprietary interest in the land. Please provide me with the written authorisation in accordance with the BPA Code of Practice paragraphs 7.1 and 7.3 - as I do not accept any alleged authority/standing claimed by Parking Ticketing Limited.
    - As a keeper I believe that the wording of the sign that a parking permit should be clearly displayed is ambiguous. In our opinion, the parking permit was clearly displayed and the willing eye could have easily observed the validity period of the permit as well as the licence plate of the vehicle the permit is assigned to.
    - PTL’s 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
    - There was no consideration or acceptance flowing from both parties and any contract with myself, or the driver, is denied.
    - I consider this 'parking ticket' as an unsolicited invoice with as much merit as the publicly-derided £100 and therefore do not accept the Penalty Charge advertised as I have full right to park, or give permission to the driver of my vehicle to park; and I do not believe that I must accept in full each and every single aspect of the contract you are proposing

    The management company of the building are thoroughly ashamed of the way you treat their well-known and reputable residents and totally share our opinion regarding the incident. Moreover, they proactively reached out to you in an attempt to have the unfair and unlawful fine cancelled and now more than encourage us to appeal against it. We will also communicate our unpleasant experience with our neighbour residents of the building and share it via social media, as appropriate.

    Parking firms like yours fail to demonstrate even a basic understanding of customer service.

    The purpose of this communication is:

    1. Formal challenge
    There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter - subject to accepting my claim for costs as clearly stated below, since you have no case.

    2. ''Drop hands'' offer
    The extravagant 'parking charge' is baseless but I realize that you may have incurred some costs but at this point they will be negligible or nominal. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 14 days without further expense and I may not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses, damages for stress, subsequent health impact and completely destroyed New Year holidays.

    3. Notice of cancellation of contract
    I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by PTL and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. It is the will of Parliament following the EU Consumer Rights Directive, that express consent is obtained for consumer contracts now - not implied consent - and that information is provided in a durable medium in advance.

    You have failed to meet these requirements. The foisting of unexpected contracts like this on consumers, by stealth, is a thing of the past.

    By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above. If you decide to persist with this unwarranted threat, I will be put to unnecessary expense and hours of time in appealing or defending this matter. As such, you will be liable for my costs and a pre-estimate of my loss - and in contrast with yours, mine is genuine - is that this sum will be likely to exceed £100.

    I have kept proof of submission of this challenge. I look forward to your considered reply within 14 days.

    Yours faithfully,


    The registered keeper of the vehicle XXXX
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