Elite Management (Midlands) Ltd.

paige94_2

Hi,
OK so this is my first PCN from a private company. I have read the newbies thread and think I have grasped the concept. Basically I entered the car park planning on parking on the bottom floor, no spaces so I ended up parking on the 3rd. Asda is attached to the car park and I knew that they had scrapped their pay and display scheme as long as you were a customer, it was free. However as I was on my way back to the car, using the stairs to get to the 3rd floor, I saw a notice on the door stating that floors 1&2 were free and 3 upwards were chargeable. I had seen no other signs on entering the car park or the 3rd floor, apart from those on the back of a door I pushed to open (obviously not going to see it!!). But I was still slapped with a £100 PCN.
On reading the newbies thread, firstly I checked if the company was on the BP website, they are under 'AOS members' - does this mean they are legitimate? I also contacted ASDA who told me they have nothing to do with floors 3 or above so they cannot help me. I'm now under the impression that I need to appeal from what I have read? Can anyone give me further guidance

Fruitcake

Elite management are indeed BPA members so this should be fairly easy to beat.


Appeal as KEEPER using the template letter in the NEWBIES thread exactly as it is. Do this around day 25 or whatever it advises in the NEWBIES.


Well done on doing your research before posting. :T It makes things so much easier for the regulars when posters do this.


Your appeal will probably be rejected but what you are really after is a PoPLA code where you can beat this at a second stage appeal.

The_Deep

This appears to be a bilking case so Beavis does not apply. As you are familiar with the process you are no doubt familiar with unlawful penalties. A PoPLA appeal based on not a GPEOL should win easily.


If I were you I would write to the PPC offering the parking fee plus £5.00 for their administration costs. They will not accept, but it shows reasonable conduct on your part should this get to court.

Fruitcake

The_Deep wrote: »

This appears to be a bilking case so Beavis does not apply. As you are familiar with the process you are no doubt familiar with unlawful penalties. A PoPLA appeal based on not a GPEOL should win easily.


If I were you I would write to the PPC offering the parking fee plus £5.00 for their administration costs. They will not accept, but it shows reasonable conduct on your part should this get to court.

Only if there was clear and obvious signage that could be seen by the driver at the entrance, and between levels 2 and 3 that charges apply above level 2 IMHO.

paige94_2

It's day 22 and I'm just putting my appeal together to send off, I do need to add in the value spent at ASDA and get the exact name of the dentist. Do you think this is sufficient as it will probably be declined anyway?




Date


Dear Sirs

Re: PCN No.

I challenge this 'PCN' as keeper of the car as I believe that the signs were not seen/are ambiguous and the terms unclear to drivers before they park. On entering the car park, there is a sign stating ‘Free parking’ but there is nothing to suggest that this only applies to floors one and two (photos have been attached to support this). Furthermore, there are no signs on entry to floor 3 to inform individuals’ that charges will apply from this floor, (again photos have been attached to support this).
I understand that you do not own the car park and you have not given any information regarding your policy with the landowner or on site businesses, to cancel such a charge. The driver was a genuine customer of ASDA on this day for the sum of £ (evidence of this transaction has been attached), and a genuine patient of dental practice for the sum of £195.00. Therefore I believe the driver may well be eligible for cancellation, so please supply the policy between yourselves and the landowner or on site businesses.
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,

Umkomaas

You can't improve (technically/legally) on the standard appeal as provided for you in the newbies sticky, so why attempt to alter it? Just add a final paragraph to the template to the effect 'please find copies of receipts confirming custom at on-site occupiers on the day' (I presume the dentist is based on-site). Redact personal details from the dentist receipt.

But you also need to find out who has contracted with this PPC and get on to them as a genuine customer of their on-site retailers.

Fruitcake

As above, if it isn't broken, don't fix it. A landowner or retailer cancellation is the best method but we know the NEWBIES template works.


Also, why say, "I believe the driver may well be eligible for cancellation"? It sounds like you aren't sure. Just say, please cancel or provide a PoPLA code.

paige94_2

The may well be eligible from cancellation is actuall pasted from the newbie thread but thanks for your feedback. Ill get that sent off today :beer:

paige94_2

Sorry, quick question..should I add my postal address onto the email or not?

Umkomaas

paige94 wrote: »

Sorry, quick question..should I add my postal address onto the email or not?

You obviously missed this in the newbies sticky!

{obviously add the registered keeper's name, obviously add your postal address even if emailing (!) as long as you are sure the PPC is an AOS member}

ADD A SQUIGGLE IF POSTING IT!

NO NEED TO USE A REAL SIGNATURE - BUT DON'T POST UNLESS YOU HAVE TO - USE THE ONLINE APPEAL PAGE FOR FIRMS LIKE UKPC AND EURO CAR PARKS & PARKINGEYE, BECAUSE THE APPEAL CANNOT THEN GET LOST AND YOU CAN KEEP A SCREEN PRINT. USE THE EMAIL APPEAL OPTION IF FIRMS OFFER IT - E.G. HORIZON, OR 'MET' AT MCDONALDS OFFER EMAIL APPEALS.

Guys_Dad

paige94 wrote: »

Sorry, quick question..should I add my postal address onto the email or not?

Yes. They may have a system that sends out post rather than email. There is no downside either.