Elite management midlands

Est124

Back in June my Husband parked in pay and display car park, but got held up at work and returned to his car 30 minutes later than expected, which led to a parking ticket.
We sent the appeal letter, using the money saving expert template, saying the following [FONT=&quot]The charge is disproportionate and not commercially justifiable. [/FONT][FONT=&quot]The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.In my case, the [/FONT][FONT=&quot]£100.00 or indeed reduced £60 [/FONT][FONT=&quot]charge you are asking for far exceeds the cost to the landowner of 40p per hour (the fee is £100 but I only overstayed by approx. 30 minutes). I therefore feel the charge you have asked for is excessive. I paid the correct parking charge for the time I expected to be, however, due to circumstances at work, I ran over by a few minutes, but on this occasion, I was unable to prevent this.
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[FONT=&quot]We never had a response back. Next thing we know we have a letter from ZZPS Limited, saying the next course of action is to pass this account to their client's solicitors. We now owe £172 apparently. We sent them a copy of the appeal letter, saying we never had a response - but they are saying it's too late to appeal - which of course we know - but the fact is - we did appeal earlier. They keep barking on about a recent Supreme Court ruling (Parking Eye v Beavis) which confirmed that parking charge issued on private land is enforcable and does not breach unfair terms in consumer contracts regulations.[/FONT]
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[FONT=&quot]We are currently on a debt repayment plan with CAP and certainly don't have £172 to spare to pay a totally unfair parking fine. I can't imagine if it did go to court they would win their case - especially as we sent the appeal letter within the correct time frame.
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[FONT=&quot]They now say they have frozen our account until 11th October and we can contact them about repayment options.[/FONT]
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[FONT=&quot]If it did go to court, we would just have to represent ourselves, as we have no money to take it further.[/FONT]
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[FONT=&quot]Do we need to worry?
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Fruitcake

Oh dear, it looks like you used the dreadful "official" MSE template that gives away the driver's details, instead of the tried and tested appeal from the Sticky thread for NEWBIES.
Many complaints have been made about the "official" template but it always falls on deaf ears.

All is not lost. You need to read the NEWBIES thread anyway which will tell you why it is safe to ignore debt collectors, and also how to appeal correctly in the future.

You should have received a PoPLA code when you appealed, so complain to the BPA that you have not received one and that the parking company went straight to debt collectors which is a breach of the BPA CoP. Send a copy to Elite Management. Do nothing until you get a reply from the BPA.
Ignore debt collectors, they have no powers. If they contact you again send another complaint to the BPA with a copy to the parking company.

Once you get a PoPLA code you then need to construct your PoPLA appeal by reading the most successful results from the POPLA Decisions thread.
Post up your draft for the regulars here to check before you send it.