Private parking 'fine' APS Ltd

Herzlos

No-one has mentioned appeals services here Ricky. Stop trying to confuse things (Ricky works for a parking company, in case his bias isn't obvious).

Molly; do the standard approach - ask the land owner, wait for the NtK and then appeal using all the normal points as well as failure to mitigate loss. Sure you'll lose the opportunity to pay the reduced rate, but the reduced rate is unlawful so there's no obligation for you to pay even that.

Guys_Dad

RICKY_LIAR wrote: »

the likes of APS Ltd and others now have a genuine reason to change attitude and indeed go down the court route......Why wouldn't they?

Well, one reason is that, if they win, they still end up out of pocket and the motorist is not much worse off that if he paid the £100. Great business!

And don't count your chickens before the next appeal is heard. Lots of big players in Barry's corner - and I am not talking MSE forum members either.

The fact is that the whole "industry" is based on an income stream from penalties. The fatuous claim that the costs are actually what is being claimed falls on the simple fact that the PPCs make money and the only virtual income stream is from these penalty charges - and I choose my words carefully

nigelbb

Guys_Dad wrote: »

The fact is that the whole "industry" is based on an income stream from penalties. The fatuous claim that the costs are actually what is being claimed falls on the simple fact that the PPCs make money and the only virtual income stream is from these penalty charges - and I choose my words carefully

The whole 'industry' has risen from nowhere to multi-million pounds in just the past few years. There was no parking chaos before there were PPCs & parking facilities are no better today. The entire business of PPCs is parasitic taking money from the pockets of the innocent that would otherwise be spent in the many retail stores that engage these deceitful bullies. PPCs add nothing to the economy just siphon off their own profits.

Half_way

With the introduction of the Parasitic parking companies it would be safe to say that parking has become worse, where once there were barriers where you had to put money in to get out ( pay on exit) or prove you've shopped on site ( token received at the till ) a camera on a pole stands stopping no one from entering a car park where they are no wanted.
The whole Parking charge notice business model of PPCs is rotten to the core, and needs to be legislated out of existence.
And the only real alternatives are either physical methods ( bollards/gates/bariers or to bring private land parking under the jurisdiction of the local authorities who would then deal with the appeals etc ( all be it for a fee to the car park owner )

PocketMolly

RICKY_LIAR wrote: »

Oh my god......"shall I start an appeal, incorporating the local press..? Shall I take the landowners time up and threaten them that they will lose business because of my mistake....", "shall I deliberately attempt to put people out of work, and quash a legal and binding contract, because I got a parking ticket"....Good point Guys Dad - I salute your common sense. Heres a BAD idea pocketmolly - pay an appeals company some money for them not to do any work on your behalf, listen to the regulars on here (who, with Mr Beavis) lost in the court of appeals and have now given all the parking companies an opportunity to justifiably pursue you through the small claims court. Or maybe common sense will prevail.......

I am not sure why you attack me in this way, since your initial reason for commencing your relationship with MSE forums was supposedly to appeal your wife's parking ticket (I suspect that you either own or work for one of these companies). If I entered into a contract fairly and knowingly, then I would accept that I had broken the contract, but this was a genuine mistake. I did not just park the car, and ignore the parking meter. Neither do I want to put people out of work, but I think it is scandalous and immoral that a parking attendant hides behind a post, hoping to catch unwitting customers of the pier and then pounces with an extortionate penalty. READ the TripAdvisor reviews and see how many people are being caught out. Clearly, the parking signs are insufficient, I just don't know whether they are just within the legal limits. I would prefer helpful comments, not insulting ones.

PocketMolly

Herzlos wrote: »

Molly; do the standard approach - ask the land owner, wait for the NtK and then appeal using all the normal points as well as failure to mitigate loss. Sure you'll lose the opportunity to pay the reduced rate, but the reduced rate is unlawful so there's no obligation for you to pay even that.

How is it unlawful Herzlos? How likely are the small claims court to award the PPC in my case? I can't stretch to the £100.

bod1467

Can I refer you back to post #21? APS won't do court.

Herzlos

Ricky works for a PPC.

PocketMolly wrote: »

How is it unlawful Herzlos? How likely are the small claims court to award the PPC in my case? I can't stretch to the £100.

It's not a genuine loss, nor a genuine charge, nor a commercially justifiable penalty. The contract will be invalid, the NtK will be invalid, the operators code of practise won't have been followed.

They'll tell you the charge is valid and they'll win in court, but they only seem to have about a 60% success rate and most of that is because of unprepared defences.

If it gets to a small claims court (many are dropped in advance) and you are prepared to appeal on the various points of law (including that they've "forgotten" to mention Beavis is up for appeal and only applies to car parks where they pay for the right to issue tickets), then you should be successful. Plenty of forum regulars will help, and one may even attend with you.

If you're not. It'll only cost you slightly more than if you just paid up, and they'll still lose money. Their model works on scaring people into paying.

PocketMolly

I've read the newbie sticky, is the letter up to date after the Beavis ruling?

Herzlos

what letter?