Ashton moss unfair parking charge

fisherjim

You still seem to be ignoring advice to read the newbies thread which contains the latest first appeal, the one you have quoted is old, GPEOL is dead in the water since the Beavis case.

The item you found on grace periods is straight from the BPA code of practice it is not by any means a regulation, as we keep trying to tell you this is not a regulated industry it's bandit country..

It's contained in here for BPA members but they even bend this and the BPA say if challenged they are only guidlines:

http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

When you read the newbies thread as suggested you might start to grasp this better, at the moment you are all over the place.

Jacko1893

The article I copied with a template was from the most recent newbie thread I came across, there is also another one that's a bit older which is this one..

Date


Dear Sirs

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 your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

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."

Also I have just had an email back off the retailer I visited (not land owner) that says it is the on site security team that deal with these matters and to appeal it they gave me the security's email address, I take it don't contact them?

Fruitcake

Jacknutt93 wrote: »

The article I copied with a template was from the most recent newbie thread I came across, there is also another one that's a bit older which is this one..


Also I have just had an email back off the retailer I visited (not land owner) that says it is the on site security team that deal with these matters and to appeal it they gave me the security's email address, I take it don't contact them?

I have no idea where you got the appeal from that you quoted in post 29. It is about a year out of date.

The one you want is from Post 1 of the current NEWBIES thread that was last updated in May of this year, so is newer, not older than your other one. It's near the top of the page where you started this thread.

What has the security company go to do with anything?

Lease company first, then parking company around day 26. Landowner anytime in between.

Have you written to the lease company yet?

Fruitcake

Jacknutt93 wrote: »

Interestingly I just came across this, must be from some regulation..

13 Grace periods
13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.
13.3 You should be prepared to tell us the specific grace period
at a site if our compliance team or our agents ask what it is.
13.4 You should allow the driver a reasonable period to leave
the private car park after the parking contract has ended,
before you take enforcement action.

the issue time and time first seen are both exactly the same, is there any use of these regulations in my case?

This is from the BPA CoP and is one of the many appeal points you will use at PoPLA to win your second stage appeal. But first, you need to make the initial appeal after you have contacted the lease company in writing.

Jacko1893

Yes I sent an email in to the leasing company before, probably a stupid question but.. why the delay in time to start an appeal? Everybody will receive a letter but due to leasing this vehicle I don't think that I will get the letter? My only worry being starting an appeal late, losing the appeal and then having to pay full costs, again like I said probably a stupid question to all of you but to somebody that hasn't dealt with these problems before it's all confusing, thanks for your patience!

Coupon-mad

why the delay in time to start an appeal?

The reason why you wait till day 25 or 26 is explained in the NEWBIES thread already.

Ralph-y

I suspect that you despite advice are still using your i Phone to browse ...... doing such will mean missing links and seeing older ones not new ones !

can you confirm that you have read the newbies thread ?

the help you are getting off forum members is second to none ...

you could try citizens advice ...or a paid for solicitor ... and you would receive lesser ... poor quality advice ..... do not mess this winnable case .......

good luck

Ralph :cool:

foreign correspondent

Fruitcake

Jacknutt93 wrote: »

Yes I sent an email in to the leasing company before, probably a stupid question but.. why the delay in time to start an appeal? Everybody will receive a letter but due to leasing this vehicle I don't think that I will get the letter? My only worry being starting an appeal late, losing the appeal and then having to pay full costs, again like I said probably a stupid question to all of you but to somebody that hasn't dealt with these problems before it's all confusing, thanks for your patience!

If you had read the NEWBIES thread you would be more worried about appealing too early than day 26 as advised.
The reason is explained in the NEWBIES thread. The fact you are asking about this shows that you have not read it and thoroughly digested its contents.

Don't do this on a 'phone. If you don't have a computer, go to an internet cafe or library where you can spend a few hours researching this.

By continuing to ask questions instead of taking the advice being given, people here may give up on you.

Jacko1893

Hi again, yes I have been taking in everybody's advice, and yes I have been swapping between my mobile and my laptop (unfortunately my day job also swallows up my weekends) it seems when it comes to newbies threads I have been reading an older post (genuine mistake), lease company have been notified and spent a hell of a lot
of time speaking to various people to track down the actual current owner of Ashton moss today, it is MANAGED by a company called JLL (for anybody that wants to complain to landowner will save you a lot of time and phone calls) and upon speaking to the director which then passed me
On to the senior manager I made my complaint in which she seemed keen to help (will keep updated on this to see if this step works) the director said it is unbelievable how many complaints they get about UKPC (some how not surprised), as of now all other steps apart from starting appeal process which you have all advised not to start yet,

Fruitcake

Jacknutt93 wrote: »

Hi again, yes I have been taking in everybody's advice, and yes I have been swapping between my mobile and my laptop (unfortunately my day job also swallows up my weekends) it seems when it comes to newbies threads I have been reading an older post (genuine mistake), lease company have been notified and spent a hell of a lot
of time speaking to various people to track down the actual current owner of Ashton moss today, it is MANAGED by a company called JLL (for anybody that wants to complain to landowner will save you a lot of time and phone calls) and upon speaking to the director which then passed me
On to the senior manager I made my complaint in which she seemed keen to help (will keep updated on this to see if this step works) the director said it is unbelievable how many complaints they get about UKPC (some how not surprised), as of now all other steps apart from starting appeal process which you have all advised not to start yet,

Now you have contact details for the senior manager, back up your complaint in writing, pointing out the dodgy things that UKPC have got up to.
There is plenty of info around so it shouldn't take you long to find eye-popping stuff.
Start your search with UKPC and doctoring or faking photos. The people who employ these scammers need to know what is going on.