Advice Wanted Please!!!

Hi,

I've received a parking ticket for failing to display my permit in the private car park of my block of flats. Basically the permit fell slightly down the front of my dashboard (after staying there securely for 7 months - I have no idea how it happened!) and the ticket inspector couldn't see it.

I've been through their appeals process and it's been turned down (surprise, surprise) and they've referred me to POPLA.

It's been issued by Minster Baywatch and I've read some previous threads (including one where the poster had the exact same problem with the permit falling down the front of the dashboard) and people seem to think they don't pursue claims to court.

However these are all a few years old and I've heard that ticket companies have become a bit more tenacious in pursuing claims in recent years

So essentially I want to know should I:

a) E-mail and explain I am refusing to pay and will no longer be corresponding with them and hope they leave it and don't take it to court

or;

b) Go through the POPLA appeal and hope they turn out on my side. My worry with this, however, is that if they uphold the ticket, it will damage my case if it does then end up going to court.

I pay a fair whack in order to park in my own parking space here and I think it's completely unjustified of Minster Baywatch to expect me to pay £60 - basically pounding on one tiny mistake. I find the idea that they think I'm going to pay a fine for parking in my own space quite laughable really.

I've sent them plenty of evidence of my ownership of the car and my residency in the building complex but they're clearly just interested in the money, rather than performing their intended service as a deterrent to non-residents parking in the complex.

It's got me really wound up and I would appreciate any advice.

Thank you sincerely in advance.

Replies

  • edited 30 June 2015 at 9:30PM
    FruitcakeFruitcake Forumite
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    edited 30 June 2015 at 9:30PM
    You lost the appeal by using mitigation, not by using legal standpoints.

    If you have a PoPLA code, check that it is valid on the Parking Cowboys website codechecker. If it is valid, use it to appeal. If it is not valid, complain to the BPA.

    Look at the PoPLA decisions thread and pick one that suits your situation best and modify it to fit your case exactly.

    The advice on this site is appeal, do not pay, do not ignore, do not reveal who was driving.

    Post up your PoPLA appeal here for the experts to check before you send it off, but don't miss the appeal deadline.

    If you do this properly you will probably win at PoPLA. in the unlikely event that you lose, it will have absolutely no effect anywhere else in the world, certainly not in the small claims court.
    I married my cousin. I had to...
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  • edited 30 June 2015 at 9:35PM
    UmkomaasUmkomaas Forumite
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    edited 30 June 2015 at 9:35PM
    POPLA is the place to kick this into the long grass permanently. The only other option to produce the same effect, is to pay up! :rotfl:

    HOW TO WIN AT POPLA

    Your appeal needs to cover most of the following:

    1. No keeper liability (but you need to check the NtK for correct dates and all requirements of PoFA have been included) - see here
    http://www.parkingcowboys.co.uk/keeper-liability/
    2. Signage
    3. No Contract with landowner to pursue charges in their own name at court
    4. No proprietary interest in the land
    5. Unlawful Penalty Charge
    6. ANPR Accuracy (if appropriate)
    7. No genuine pre-estimate of loss (GPEOL)

    Read very carefully post # 3 of the NEWBIES FAQ sticky - it contains information important to your appeal.

    There are plenty of examples of winning POPLA appeals across the forum; here are a couple of links for you to follow and research:

    How to win at POPLA:

    http://forums.moneysavingexpert.com/showpost.php?p=62180281&postcount=15


    POPLA Decisions

    http://forums.moneysavingexpert.com/showthread.php?t=4488337


    Read from the most recent backwards to get a feel for the appeal points POPLA Assessors are currently upholding appeals.

    HTH
    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.
  • Half_wayHalf_way Forumite
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    Always go through the popla process if offered.

    Do not take your eye off the popla ball, but....
    You say its a block of flats, is there any mention of parking in the lease/rental agreement? does this specifically state anything about displaying a permit?
    You said it was there for Seven months, is that when you moved in, or is that when the permit scheme was started?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • The_DeepThe_Deep Forumite
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    Parking in one's own space tickets are for the most part, totally without merit, and may in some cases be in breach of your leasehold rights to "quiet enjoyment" of your own property, a criminal offence.

    Read this

    http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

    and also google some "fined in my own space" threads. AFAIAA, no PPC has won a court claim for an "own space" ticket.
    You never know how far you can go until you go too far.
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