Stansted Airport ticket

erdorado

Hi Guys,
I have received like many others a silly parking charge from company called "empark"at Stansted Airport for droping someone off. and now I have this 75 pounds worth picture. I was there for no longer then 1 minute and obstructed know one. I would be really grateful if you could help me beat this thing.

I have been reading lots of other posts and I'm not sure how to formulate the appeal answer to "empark. Hope you guys can help.

Best Regards

The_Slithy_Tove

erdorado wrote: »

I have been reading lots of other posts and I'm not sure how to formulate the appeal answer to "empark. Hope you guys can help.

Have you read the NEWBIES sticky thread? That tells you exactly how to appeal.

erdorado

HI:
No only the posts, and I saw so many different appeals, and not sure which one will be okay to send.
I'm new to the website and not sure yet where to find things.
Is this one okay as a appeal to Airport ticket.?

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.

Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days and I will not pursue you for my costs.

Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

erdorado

I also found something like this:

This is an appeal against the PCN issuer to the vechicle with the registration ......... charge ref. ...........

it is registered keepers assertion that:
1- The charge is not a genuine pre-estimate of loss.
2- That the signage does not conform to the BPA to which "empark" has commited.
3- That "empark" has no authority to issue charges over the land in question.

As such the charge is rejected you should now either cancel said charge or provide a POPLA code for the registered keeper to appeal to the independent adjudicator.

Any further correspondence other than confirmation of cancellation or a POPLA code with be considered harassment and could result in legal action being taken against you.

Yours
......... ..............

Please help me as I don't know which one I should send to them.
Thank you

Jim_AFCB

At this stage, you are looking to 'hook' a POPLA code as they will probably reject any appeal you send. The latter appeal example above should do it, hopefully one of the experts will confirm.

Coupon-mad

Yep, anything that does NOT say who was driving and has some appeal points in it, will do. That's why the NEWBIES thread has a template to use, you don't need to overthink it. Save your thinking for POPLA stage.

erdorado

Dear friends:
After over 2 weeks I receive the answer from Empark.

We are in receipt of your appeal regarding the Parking Charge Notice numbered ............................... at Stansted Airport. This Parking charge Notice was issued because the above vehicle was observed parked in Terminal Road South in Stansted Airport.

We understand from your letter that you are challenging the PCN.

Stansted Airport Limited of course has a duty to make drivers aware of any parking restrictions that are in operation. This is done so by way of street signs saying:

‘’NOT STOPPING AT ANY TIME TO PICK UP OR DROP OFF.
CCTV AND NUMBER PLATE RECOGNITION IN OPERATION.
WARNING ENFORCEMENT CHARGE OF £75.00.
THIS IS PRIVATE ROAD ’’

We comply with the sections 18 to 24 of Code of Practice – Private Parking Management followed by the Protection of Freedom Act 2012 (POFA 2012 – schedule 4). Specific parking-terms signage tells drivers what our Terms & Conditions are, including our parking charges. A driver who uses our car park does so under contract with us. When entering Stansted Airport Limited premises the driver accepts them. Parking/stopping in the main road is without our permission which is an act of trespass.
Our ANPR vehicle is used to control and enforce parking in private car parks.

The onus is placed firmly on the driver to take responsibility for where they park. If the vehicle is parked in contravention it will be liable for enforcement action. Warning signs were placed in Stansted Airport location on 9th of November 2012 and we believe that the advance warning in this instance was sufficient to inform drivers of the change in restrictions. It is a requirement of the contract that we have with M.A.G. that both terms and conditions and tariffs are clearly displayed all around the airport.

The rules are designed to help ensure the safety of all our passengers by discouraging pick up or drop off areas that have not been designed for that purpose. This not only endangers the passengers of the vehicle in question but also other users of the road as it causes obstruction. Enforcement of the rules, although upsetting to those against whom the rules have been applied, is essential for the protection of our customers.
If you prefer electronic copies of pictures and a video captured that day please email us at ......................... providing your email address & we will forward this to you.

We are a part of BPA’s Approved Operator Scheme and manage the car parks on behalf of M.A.G. The AOS is supported by the BPA Code of Practice for Parking Enforcement on Private Land and Unregulated Car Parks (...............)

The express set down/pick up is the only place to drop off and pick up at the airport and is located right outside the main terminal building for a fee of £2.50.

The BPA approved our signage with regards to size and font.

For the reasons outlined above we are satisfied a contravention occurred.

We have reset the discount charge for 14 days from the date of this letter and will accept payment of £40.00 in settlement if received during that time. After this period the charge will revert to £75.00.

Payment can be made in the following ways:

- Cheques or Postal Order made payable to Empark UK Ltd or by credit/debit card by completing the payment slip on the back of your PCN to:

....................
...........................
........................
.........................
Please write the Parking Charge Notice number, the Vehicle Registration Number and your full address on the reverse of the cheque/postal order.

- .........................................using a Debit/Credit card (24 hours)

If you are unsatisfied with the outcome of your appeal to us, you can make an appeal to POPLA- The independent appeal service by using verification code:
.................... Please be advised if you opt for independent arbitration of your case, the parking charge notice will increase to £75.00. The website for POPLA is ............................. you must appeal to POPLA within 28 days of this letter.

By Law we are also required to inform you that Ombudsman Services provides alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.



Regards,

Customer Service Team
Empark UK Ltd
London Stansted Airport

What I shoud do next pay or try to continue this............?

Regards

enfield_freddy

please remove your popla cade , before a troll uses it

Redx

also edit post #1 to remove details of who may have done what , this is a public forum and trolls and parking companies can read it and take screenshots and use written words as "evidence"

use third party terminology, as in , "the driver may have stopped" etc

or just remove the "what happened" completely , we neither know nor care about "what happened"

then look for recent airport threads like luton and birmingham and formulate your popla appeal in the same manner

erdorado

Done:
If I will know all those things, I will send the appeal straight away, but I dont, that is why I post this questions, I'm not even local so I don't know all the rules and law.

Regards

erdorado

I would be really grateful if you could help me to continue this case.