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UK CPS Ltd fine. Driver observed leaving site.
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catzooo
Posts: 169 Forumite
Today I parked on a car park in Hull. Staples and MAplin car park. I walked off to the cash machine in the next street. Returned to the shopping area and made a purchase in Staples.
Returned to my car to find a windscreen ticket.
A tick in the box "driver observed leaving site"
Well, I knew it was free parking for 1 hour and I was well under that. I have parked there before, never read all of the notice on the wall which does say "parking and leaving/walking off will result in the issue of a parking charge notice"
Ticket is from UK CPS Ltd. £100 or £60 if paid in 14 days.
Mighty miffed as I can't really afford to pay this. I have never heard of the clause fined for leaving the site.
Would it be best to suck it up and pay? I don't want a CCJ if I ignore it.
Returned to my car to find a windscreen ticket.
A tick in the box "driver observed leaving site"
Well, I knew it was free parking for 1 hour and I was well under that. I have parked there before, never read all of the notice on the wall which does say "parking and leaving/walking off will result in the issue of a parking charge notice"
Ticket is from UK CPS Ltd. £100 or £60 if paid in 14 days.
Mighty miffed as I can't really afford to pay this. I have never heard of the clause fined for leaving the site.
Would it be best to suck it up and pay? I don't want a CCJ if I ignore it.
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Comments
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Ok. Yes. I did leave the site. But only to get cash to spend in a shop on the car park site. I have a receipt from staples showing the time too.0
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Start by reading the newbies thread at the top of the parking forum page.I do Contracts, all day every day.0
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Go back to Staples and insist they get the ticket cancelled.REVENGE IS A DISH BETTER SERVED COLD0
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Read this too. It will give you an idea just what a County Court might make of this.
http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)
One of the key phrases you will need to get to know and understand is 'mitigation of losses'.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Its certainly worth complaining at Staples, and if your goods are in a returnable state ( ie still sealed) then you may try asking for your money back / returns due to the fact that a PPC operates on their car park.
However you also state that a maplins operates on this site, as far as i know Staples only sites use JAS parking, so other than to protest and lodge a complaint Staples may not be able to do much ( still worth the effort for a compliant though )
To go for a landowner cancellation you need to fond out who actually took on the PPC, this can be done via the medium of google.
a quick search throws up this
http://www.propertypilot.co.uk/pdf/114+8698.pdfTicket is from UK CPS Ltd. £100 or £60 if paid in 14 days.
details in the newbies threadFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
Looks like it's the IPC, so not as easy but still doable.
Wait for the NTK, and then appeal to the PPC with the usual points including "failure to mitigate losses". Someone watched you leave the site in order to issue the ticket, and you're not allowed to just let a loss happen, so the whole premise is flawed. The parking agent should have told you that you can't leave the site (they won't, because they couldn't issue the charge otherwise), so that leaves their argument pretty much sunk if they ever took it to court.
When the UKCPS inevitably reject your appeal, appeal to the IAS as they'll detail in the same vane. The "Independent" Appeals Service rep will bend the law to also reject you, at which point you ignore anything that isn't a formal Letter Before Action/Letter Before Claim or County Court papers. These will never turn up because to go to court would highlight how biased the IAS is and how weak their case is.0 -
what should eb a cast iron defence at POLA should yield the same results with the IAS, however what should and what is are two vastly different things. In itself POPLA is far from ideal.
Somewhere on here theres a topic on the new consumer ADR regulations, it may be worth reminding the IAS of these and telling them you expect them to comply.
What you will probably get is the gladstones 80% lottery.
the key thing to remember that is even if you lose you are under no obligation to pay.
However if the IAS fail to follow the new regulations on ADR, it may be worth a further complaint to the land owner telling them that as the PPC is/are their agents the land owner is responsible for the PPCs ( and associated parts - ie ias/Gladstones etc)
you could tell them to put up or shut up - and if they dont shut up and insist on sending you a blizzard of bull !!!!!! tell them you will be levying a charge of £18 an hour ( or part thereof ) for dealing with their agents junk mail.
Keep everything and keep a lookout in case they are stupid enough to actually send court papers. if they have any common sense they may write you off as not worth it when most people just fold and pay upFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
Unless someone has been busy erecting signs, especially at the entrance you look to have a good case on lack of signage.0
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In any of their correspondence do they account for v.a.t.? They should, (unless they are tax evaders). Read here
http://forums.moneysavingexpert.com/...7925&highlight=
http://forums.moneysavingexpert.com/...7925&highlight=
http://forums.moneysavingexpert.com/...3796&highlight=
If you ask for a vat compliant invoice and they refuse, shop'em.
https://www.gov.uk/government/organi...ng-tax-evasionYou never know how far you can go until you go too far.0 -
@TD - link 3 is dead.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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