Private parking 'fine' APS Ltd

bod1467

Template appeal.

There's nothing in the template appeal that really needs changing post-Beavis. We can still allege not a GPEoL and the PPC still needs to counter the argument.

PocketMolly

Herzlos wrote: »

what letter?

Apologies, I meant to say the appeal template. Thank you for answering and for your answer bod1467.

PocketMolly

Hello. I posted here a while ago (May) about a parking charge notice. I followed the MSE forum advice and waited to receive a letter from them (presumably following APS contacting DVLA - although I don't understand how they can legally obtain information - what about Data protection?). Of course, I have now received a letter (three months after the event) and the 'fine' has gone up to £100: £140 if I don't pay within 14 days. On the back of the letter, there is an option for me to pay the original 'fine' within 7 days. I am considering paying this as I could really do without the hassle of fighting it and then still having to pay £100 or more. Does anyone have an opinion on this?

bazster

You've been trying to persuade us and yourself all along that you should pay this. Well you might be able to convince yourself to throw money down the drain but you'll never convince us.

Fight it or ignore it, whatever you do don't pay it. Poor old Chuddy is out of time for keeper liability and can only hold the driver liable, and he doesn't know who that was, so you've a slam dunk win at PoPLA on that ground alone.

Or just ignore it. Do you just pay any old scammer who writes to you demanding money?

ManxRed

+1 to what bazster has said.

PocketMolly

Surely ignoring it will go against me in SCC?

bazster

PocketMolly wrote: »

Surely ignoring it will go against me in SCC?

For gawd's sake, it's not going to SCC! But if you're that timid you can kill it off with a PoPLA appeal.

ManxRed

He doesn't do SCC. And if he did, who would he bring the claim against? He can only claim against the driver, and he doesn't know who that is. It'd cost him £500 odd to claim for £150. It's not worth his while.

He'd still lose, anyway, which he knows, which is why he doesn't do it.

waamo

It's pretty simple really once you get your head around things.

First appeal to the parking company. This can contain anything as long as it's clear you are appealing. Tell them you are sure you had a ticket but your cat ate it. Yes that will do.

Get a POPLA code then appeal to POPLA. Your appeal to POPLA needs to be on the legal points on here. Copy someone else's from this site and tweek it to suit your circumstances. Before you send the POPLA appeal post it up here to be checked over.

If that's too difficult pay the £100

PocketMolly

This is my letter back from APS (superb grammar and spelling!):


"We are writing in correspondence to your appeal e-mail in regards to a parking charge notice that was issued at the above Location for not parking accordance to the rules of the area. Your e-mail is the first correspondence that we have had from you.

The vehicle in question was parked on private land, quite simple you are not entitled to park on private land without the land owners consent. In the case of this particular land, the land owner agreed to allow parking on the following terms, namely:-

a) That you have to display a valid Pay And Display Ticket
b) You agree to pay a fee of £100.00

The private land contained signs from All Parking Services UK LTD confirming the terms and conditions prevalent in relation to the aforementioned private land in terms of parking. Two on either side of the car park entrance that have to be passed to gain entry to the car park. The terms and conditions of the parking on this private land were clearly set out on the signs and by parking your vehicle you accept those terms and conditions which were clearly stated in unambiguous language. These signs are larger than standard size set out by the British Parking Association, and the car park has been audited by the BPA and passed.
During a routine patrol of the car park our officer came to the vehicle registration above and checked to see if the vehicle had a valid pay and display ticket on display, after checking the vehicle it was clear that there was no valid Pay & Display ticket on display, because of this he issued the vehicle with a parking notice.

We have looked at our photographs that clearly show that you had not displayed a valid ticket when your parking ticket was issued.

We operate a 15 Minutes grace period before a ticket is issued.
The Pier car park receives tens of thousands of visitors every year, with one a few receiving parking tickets. Every individual that parks in the car park that does not purchase a valid parking ticket for their stay is, in effect, jeopardising the future long-term ability for this company to maintain the Pier and its buildings
Therefore whilst we sympathise with your comments in your e-mail, unfortunately your Appeal has been rejected.

You can now do one of two things make the payment as below or appeal to POPLA the independent appeal body @ www.popla.org.uk at the original ticket charge of £100.00

As w gesture of good will we have returned the charge back to the reduced rate of £60.00 for the next 7 days, after which payment return to the original amount of £100.00?

POPLA Code / 01

Payment can be made via our website through paypal"


Next stage appeal to POPLA?