F1rst Parking Lancaster University

clarkcj

Hello,

I recently got a parking ticket from this company for parking on my university's campus. They want £75 which I can't afford and I think it's an unjust amount just for parking for a short time on campus.

I appealed to the company 3 weeks after I got the ticket, as per the advice in the newbie thread, using the following template:

"Re: PCN No. ....................
I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.
I believe that the signs were not seen/are ambiguous and the terms unclear to drivers before they park.
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.
I have kept proof of submission of this appeal and look forward to your reply.
Yours faithfully,"

This is the reply I received from the company -

"Re Parking Notice Number xxxxxxxxx
POPLA appeal verification code: xxxxxxxxxx

We acknowledge receipt of your appeal, regarding the above parking charge. Parking at this site is only for vehicles that are parked in accordance with the terms and conditions, as detailed on the signage on site. This signage is clear, in line with industry standards and clearly details any charges that may be imposed, should these terms and conditions be breached.

I have now had the opportunity to review this case and my findings are:

After reviewing the photographic evidence and also your appeal information; on this occasion I will be rejecting your appeal. It is the drivers responsibility to ensure they are clearly displaying a valid permit. First Parking have also ensured that their Parking Charge amount is not punitive and set on the basis of a strong commercial justification for charges of this nature. The charge is based on a pre-estimate of loss, and has been calculated using our company records. The Parking Charge amounts are calculated in conjunction with the landholder, and have been approved and prescribed by the British Parking Association. First Parking and the Landowner have a contract in place. . The terms and conditions of parking are outlined within the signage as located on site. We are fully compliant with British Parking Association regulations on signage, and confirm that there is adequate signage at this site that is visible, appropriately located, clear and legible, so the Parking Charge is fully enforceable. All non-essential text is in a smaller font at the bottom of the sign, which can be read once the motorist has parked.

I therefore uphold the operative's decision to issue this parking charge notice...... ETC"

Since their reply I've sent an email to my university to try to get the ticket cancelled. In the mean time, I'd like to prepare my POPLA appeal, could you guys/girls help me out with this please.

Thanks all!

Redx

remove the popla code asap

then search the forum for recent examples of popla appeals and draft one up, but altering it in the light of the Beavis loss last week

clarkcj

Removed, okay I'll draft one up and post it

Coupon-mad

Examples of recent ones are in the NEWBIES thread post #3 (in links) and I just replied to someone on the sticky thread today, to point out most arguments are still useable. I listed the main things yet again; nothing changes too much but you must in the introduction differentiate your case from Beavis.

clarkcj

Thanks for that. I haven't yet received a notice to keeper through my door. Should I wait until this comes? The POPLA appeals I have read use this as a grounds for appeal so without one I can't see how I can appeal.

Coupon-mad

What? That's obviously a point of appeal in it's own right, as long as it gets past day 57 by the time you appeal to POPLA with no NTK at all, and you appeal only as the keeper, I would hope the new POPLA service would agree you can't be liable in law. You'll be waiting for ever for a NTK that will never come and it's a slam dunk winning point as to why you can't be liable!

Work out when day 57 is since the parking event.

Then compare that to your POPLA code dealine to use it, of course. You can't miss the deadline on your POPLA code as is covered in the Newbies thread about POPLA (post #3 of the newbies thread). If you can, appeal to POPLA at or just after day 57 and of course point #1 will be 'no keeper liability'!

Read this and the penny will drop:

https://forums.moneysavingexpert.com/discussion/comment/69448617#Comment_69448617

Umkomaas

clarkcj wrote: »

Thanks for that. I haven't yet received a notice to keeper through my door. Should I wait until this comes? The POPLA appeals I have read use this as a grounds for appeal so without one I can't see how I can appeal.

You need to get your POPLA appeal timing right.

As this is a windscreen ticket the PPC needs to get a NtK to the keeper between days 28 and 56 after the parking event.

Your first date you must NOT miss is the POPLA deadline. Have you checked it using the Parking Cowboys' code checker?

http://www.parkingcowboys.co.uk/popla-code-checker/

So with the POPLA deadline date as your absolute target you need to send your appeal in to get you as near as possible to the 57th day after the parking event. This gives the least amount of time for the PPC to read your 'No NTK' appeal point and wake up to the fact they need to get the NtK out to you - otherwise they lose!

The charge is based on a pre-estimate of loss, and has been calculated using our company records.

This admission gives them problems in praying in aid PE -v- Beavis.

clarkcj

Excellent thanks very much for your advice, it's much appreciated.

I've done some calculations, my POPLA expires on 08/12/2015 and Day 57 after the parking event is Friday 11/12/2015.

So if i file my appeal centred around the fact that I didn't receive a NTK then they won't have time to send one out in time, correct?

Umkomaas

I would have thought that gives them insufficient time to spot the gaffe!

Don't risk missing that POPLA deadline trying to squeeze the last drops out of your timings.

clarkcj

I'll let you know whether or not they send me an NTK. If they do, I'll pop up again with a draft appeal letter. If they don't, I'll pop up again at the start of December with a different draft appeal letter then get that sent off before the deadline. It sounds like a good plan and hopefully you guys will be around to give me some further pointers.
Thanks again for your helpfulness

nigelbb

clarkcj wrote: »

It is the drivers responsibility to ensure they are clearly displaying a valid permit.

Is parking for permit holders only? Do the signs say 'Permit holders only'? If so there is no offer of parking to non-permit holders as you cannot enter a contract to do something that is forbidden e.e. park without displaying a permit.