Private parking company issued fixed penalty charge

curly_wurly121

Recieved the notice a few weeks ago, and used the newbies thread to argue against the notice. They replied to say there was no estimated loss of revenue as we had stopped on double yellow lines (I know I know but I'm a student I have no money to be throwing away!!) they also said that the land is subject to nrwcastld airport bylaws and the protection of freedom act does not apply.
Is there any way to fight this? Can private parking companies who are contracted by the airport issue fixed penalty notices and can I use this as an argument?
Any help would be greatly appreciated

DoaM

A private parking company DID NOT issue a fixed penalty charge.

Did you respond to a windscreen ticket? Which PPC is this?

Half_way

a quick search throws up this
https://forums.moneysavingexpert.com/discussion/4566119
sound familiar?

ok more information needed:
Name the parking company
how did they get in touch with you?
any mention of POPLA?
to Whom does it say payment should be made?

curly_wurly121

So it's UK Parking Patrol , they sent a letter a week after the incident. It does say that it is a fixed penalty charge in the reply email and they gave us two options; pay the fine or appeal to POPLA. Looked up some more about fixed penalty charges and see that it might be pursued as a criminal case of we don't pay!

curly_wurly121

sound familiar?

Yes this is what happened, but I think they have since improved their signage to "more than the recommended size" as they said in the email !

ok more information needed:
Name the parking company
how did they get in touch with you?
any mention of POPLA?
to Whom does it say payment should be made?[/QUOTE]

UK parking patrol
Letter with stills of CCTV video footage
Yes the said to either pay or go to POPLA otherwise they threatened debt collectors and court !

Grimble

It is not a criminal case, you have a speculative invoice. If these go all the way which very few do it is Small Claims Court and you can defend it. Use your POPLA code and supply information others have asked for.

Umkomaas

They can't be offering POPLA if this is a 'fixed penalty'. If the word 'penalty' is mentioned in the NtK you must register a strong complaint to both the DVLA and the BPA that the PPC is making this claim under false pretences.

It's either a byelaw penalty, ultimately via the Mags Court (a criminal issue), or its a Parking Charge Notice with appeal via POPLA, ultimately via the Small Claims Court (a civil issue).

It cannot be a pick and mix. I'm afraid they are trying to intimidate you here with misinformation.

Ask the DVLA and the BPA to investigate and inform you just exactly what it is they are pursuing under.

waamo

If it does say Penalty on it report them to the DVLA, BPA and trading standards. This is potentially a criminal offence.

Fergie76

Umkomaas wrote: »

They can't be offering POPLA if this is a 'fixed penalty'. If the word 'penalty' is mentioned in the NtK you must register a strong complaint to both the DVLA and the BPA that the PPC is making this claim under false pretences.

It's either a byelaw penalty, ultimately via the Mags Court (a criminal issue), or its a Parking Charge Notice with appeal via POPLA, ultimately via the Small Claims Court (a civil issue).

It cannot be a pick and mix. I'm afraid they are trying to intimidate you here with misinformation.

Ask the DVLA and the BPA to investigate and inform you just exactly what it is they are pursuing under.

But don't expect them to do anything.

curly_wurly121

This is their reply to the initial appeal:
Thank you for your letter of appeal against the Penalty Charge Notice issued by us on XXXXXXXX
Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:

The vehicle was captured via CCTV footage parked and loading/unloading in a restricted area whilst parked on double yellow lines and in clear view of a warning sign stating: “No Stopping/Loading/Unloading In This Area”. There are signs around the entire airport complex including at the entrance that clearly state the restrictions in place. Security at the airport is paramount and any vehicle parked in a restricted zone contravenes airport byelaw 6.3: “Parking in Prohibited Areas, wait in, leave or park a vehicle where waiting or parking is prohibited by notice.” and is subsequently issued with a penalty by the CCTV operator.

The vehicle has been issued with a Fixed Penalty Notice. Therefore genuine pre-estimate of loss is not applicable.

The warning signs at the site are 600 x 600mm. This is larger than the BPA states we must adhere to. They are placed in prominent positions to be seen. It is the drivers responsibility to check for and comply with any parking restrictions in place.

The land is subject to byelaws, to which we are contracted to enforce. The penalty was issued under these byelaws and not contract law, therefore the Protection of Freedom Act does not apply and the registered keeper is held liable.

In summation by parking at the site the driver contravened the airport byelaws and incurred a Fixed Penalty Charge. Full supporting CCTV footage will be produced should the case go to court.

You now have a number of options:

1. Pay the Penalty Charge Notice at the prevailing price of £60 within 14 days. Please note that after this time you will lose the chance to pay the discounted rate and the full amount of £100 will become payable.

2. Make an appeal within 28-days to POPLA- The Independent Appeals Service by visiting their website at: and completing the accompanying forms. Please be advised that if you opt for independent arbitration of your case and are unsuccessful, the full amount of £100 will become payable. If you opt to pay the parking charge you will be unable to appeal to POPLA. Your verification code is: CXXXXXX

3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

How to Pay:
YOU ARE REQUIRED TO PAY £60 WITHIN 14 DAYS FROM THE ISSUE OF THIS CORRESPONDENCE. CHEQUES/POSTAL ORDERS SHOULD BE CROSSED AND MADE PAYABLE TO:

The UK Parking Patrol Office and posted to:
Parking Patrol Collections
Office 309, Great Northern House
275 Deansgate, Manchester
M3 4EL

Alternatively you can pay online at

curly_wurly121

Do they have any right to charge me really? I feel like POPLA will not take my side as really we were in the wrong