No 'valid' permit... a little advice please.

M*A*S*H

Hi

I will try to be brief and I know I have not done things in the manner advised here on the forum, but I am late to the game.

I received a ticket for being on private land. The ticket was issued for no valid permit on display. The permit I had had was valid "UFN" until further notice, but had expired in Dec2014 and I was ticketed 5th Jan 2015. A letter was sent to my mother (the resident I was visiting) which she opened just before Christmas advising the old permits were expired - she'd returned from holiday upon hearing of the death of her ex-husband. She forgot to tell me the permits expired. Jan 5th we attended her ex-husbands furneral and I parked with the old permit.

I think stupidly I appealed asking to cancel the ticket and admitted I was the driver. The car is registered to my partner, they do not have my address or any details other than my name and email. They rejected the appeal... although my appeal just said "I had a valid permit" because I thought I did. Do I go back and explain the situation more fully and hope they cancel?

I have to pay before 3/2/2015 to only pay £60 before it goes up to £100.

Any advice would greatly be appreciated. It seems technically I am in breach of the rules, but in the circumstances feel the ticket is unfair. Not sure what to do.

ManxRed

Which parking company are we talking about, and in what capacity does your mother have jurisdiction over the space?

M*A*S*H

The parking company is Premier Parking Solutions Ltd (Newton Abbot). My mother is a resident in a retirement village and was a given permit to park in the 'residents bays' and a permit to be given to people 'visiting'. I had an expired visitors permit and was parked in a visitor bay. Obviously at the time I though it was valid.

Thanks

ManxRed

In their appeal rejection, did they tell you that you could appeal to POPLA, and supply you with a ten digit code?

Marktheshark

They swap permits periodically as it creates a milking station as the PPC can pick of their source of income which is always the people that are supposed to park their for breaking the rule of "displaying the old permit"
It gives them a guaranteed income stream from the site.
They dont really "manage" anything, they are their to milk people full stop.

M*A*S*H

ManxRed. Yes they have given me a code for POPLA. After reading this forum, it kind of seems pointless to appeal to POPLA as they do not consider mitigating circumstances. I really only have mitigating circumstances!

Half_way

don't fall for that, you can select everything except for the stolen option.

ManxRed

No you don't.

You have the following:

1. Under contract law, the financial remedy for breach of contract (which is what they'll claim this is), is their actual losses only. Which were zero. How displaying an incorrect permit costs them £100 God only knows. POPLA will agree. Search the NEWBIES sticky thread at the top of this forum and familiarise yourself with 'Genuine Pre-Estimate of Loss (GPEOL)'
2. It's almost certain that the parking company don't have the necessary legal standing on the car park to offer parking or chase payments (it will be the tenant or landowner only). You can also challenge them on this.

You will win this at POPLA comfortably on the above two points.

M*A*S*H

Oh! Thanks ManxRed.... do you think I should go back to the parking company with a new appeal and explain \ ask questions regarding the above and put forward my mitigating circumstances properly? Or, is it best just to go straight to POPLA?

ManxRed

Go straight to POPLA. Put together a draft appeal using the information in the NEWBIES thread, and then post a draft up here for review before submitting it.

bod1467

Forget about using anything related to mitigating circumstances ... POPLA will not consider these.

And (with respect - I know this is new for you) please lose the victim mentality; this is what the parking company is relying on.