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Paid for a P & D but still got a PCN.

edited 1 September 2016 at 10:34AM in Parking tickets, fines & parking
53 replies 3.3K views
Danny80sDanny80s Forumite
52 Posts
edited 1 September 2016 at 10:34AM in Parking tickets, fines & parking
Hi all.

I had opened a original thread but in merging two they both got deleted.

Anyway...

Hope you're all well.

The "driver" parks in a private car park when getting hair hair done. On this particular day she/he didn't have the change for the machine, so she/he parked the car up, went over the the cash machine (a few feet from the car park) and went into a shop to break the tenner.

When he/she came out of the shop a nice couple asked her if he/she wanted their ticket because they still had time on it and we're leaving.

He/She took the ticket and said thanks! Unfortunately the ticket didn't have enough to cover the hair appointment but he/she kept the ticket anyway...

Then they bought a pay and display ticket went back to the car only to find a bloody PCN had been slapped on the car.

Now we have a ticket covering the time the "driver" went to the cash point but of course it wasn't on the car on display.

The private company want £60 within 14 days or £100 after that.

I've read the NEWBIES section and took the advice on here and used the BPA blue template letter with the time frame recommend.

I had to appeal through email and this is the response I got...

Thank you for your email.

Please, find attached file with appeal letter and photographic evidence
regarding PCN xxxxxx.

Please, see further information related to your parking ticket on our online Pay pps


Let me inform you due to strict audits procedures we are unable to
accept or deal with appeals verbally.

How to pay your PCN:
Pay Online: paypps
Pay by telephone: 24h payment line: 0844 304 0102


Regards

Jxxx
Appeal Manager


PRIVATE PARKING SOLUTIONS (LONDON) LTD

All they have done is attach the photos of the car and the PCN.

I guess this is a rejection of my email.

They also haven't given me a POPLA code.

What do I do from here?

Thanks
Danny.
«13456

Replies

  • Sorry. Just checked my email again and I DO now have a POPLA code.

    It was attached with the pictures on a PDF.
  • RedxRedx Forumite
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    in that case start drafting a popla appeal against PRIVATE PARKING SOLUTIONS (LONDON) LTD based on recent examples from the last few months only (no older ones)

    then put it on here for comments, minus any personal info and no VRM or references either
  • Thanks Redx.

    How can I look up those POPLA examples? Are they just on these threads to scan through?

    This is the letter they have sent via email to me:

    Dear Danny80s,

    Re: Parking Charge Notice Number xxx

    Thank You for Your letter of appeal regarding the above parking charge.

    Unfortunately, on this occasion your representation has been rejected, as the vehicle was parked in contravention of the Conditions of Use.

    At this private Pay and Display car park all vehicles parked must have valid Pay & Display ticket correctly displayed at all time.

    Warning signs are clearly displayed and available to be seen. The signs state, All car park users must display a valid parking ticket.

    Within Section 18.1 of the British Parking Association (BPA) Code of Practice it states that

    “A driver who uses your private car park with your permission does so under a licence or contract with you. If they park without your permission this will usually be an act of trespass. In all cases, the driver’s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start.

    You must use signs to make it easy for them to find out what your terms and conditions are.”

    Motorists should purchase the P&D ticket and then make sure they displayed the ticket correctly on dashboard before leaving the site, so the
    operator can see it which was not done.

    Operator’s photographic evidence proves the driver has failed to display a P&D ticket correctly as per Terms & Conditions of parking in this car park. Having failed to park the vehicle correctly I uphold the operative’s decision to ticket this vehicle.

    It is a driver responsibility to make sure vehicle is always park legally.

    To avoid incurring further administration cost, please arrange the remittance Pay the Parking Charge at the privilege price of £60.00 within 14 days from the date above (we reset the clock).

    Please note that after this time the Parking Charge Notice will rise to £100.00 if paid within 28 days and to £160 once we pass the details of your case to debt Recovery Company.

    You have now reached the end of our internal appeals procedure. You can make an appeal to POPLA - The Independent Appeal Service by completing appeal form online on popla within 28 days.

    Verification Code: xxxxx

    By law we are also required to inform you that Ombudsman Services provides an 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.

    Please, note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £ 60.00, and should POPLA’s decision not
    go in your favour you will be required to pay the full amount of £ 100.00

    J.

    Cheers
    Danny
  • Coupon-madCoupon-mad
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    What did the first appeal say and did it come from your wife and did she say who was driving?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The first appeal was the template letter from the NEWBIES section. The email came from my email address but my wife's name at the bottom.

    We didn't say who was driving. We just said "The driver".

    Cheers
    Danny
  • RedxRedx Forumite
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    Danny80s wrote: »
    Thanks Redx.

    How can I look up those POPLA examples? Are they just on these threads to scan through?

    Cheers
    Danny

    by using the forum search box on this sub-forum and using suitable search words , then reading anything thats drafted in the last few months , say 3 months , once you have seen 10 or more you will get the gist
  • Coupon-madCoupon-mad
    111.8K Posts
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    Did the POPLA code get issued to you or your wife?!

    Does the attached letter with POPLA code have a name on it as the addressee, did they put you (not your wife) and are you the keeper?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi Coupon-Mad.

    The POPLA code got issued to my wife.

    They addressed the letter to my wife, she is the keeper of our car but I am the owner.

    Cheers
    Danny
  • UmkomaasUmkomaas Forumite
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    Danny80s wrote: »
    Hi Coupon-Mad.

    The POPLA code got issued to my wife.

    They addressed the letter to my wife, she is the keeper of our car but I am the owner.

    Cheers
    Danny

    You're out of the loop on this, even though you are the owner. The PPC can only pursue the driver, or, in the absence of knowing who the driver was, the keeper.

    As they don't know who the driver was (you need to edit post #1, even if your appeal didn't identify the driver, your first post does!) they are chasing your wife, the keeper of the vehicle.

    There's no reason why you can't do the work on this on behalf of your wife, but always in her name.

    Show us a draft of your POPLA appeal for a quick once-over before submitting it. Don't miss the POPLA deadline.
    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.
  • Umkomaas wrote: »
    You're out of the loop on this, even though you are the owner. The PPC can only pursue the driver, or, in the absence of knowing who the driver was, the keeper.

    As they don't know who the driver was (you need to edit post #1, even if your appeal didn't identify the driver, your first post does!) they are chasing your wife, the keeper of the vehicle.

    There's no reason why you can't do the work on this on behalf of your wife, but always in her name.

    Show us a draft of your POPLA appeal for a quick once-over before submitting it. Don't miss the POPLA deadline.

    Ok thanks.

    Ive edited the first post in that case.

    The original appeal via email to the PPC I sent was on behalf of my wife.

    I'll skim through the search as Redx suggested and put together a appeal for POPLA. I'll post it on here and if you guys dont mind, take a look and let me know if its ok?

    Cheers
    Danny
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