Flashpark Parking Ticket

susieone

I am about to submit the appeal to POPLA. I have scanned all the documents ready, Land Registry Boundary, which shows the Company do not own the land where the vehicle was parked. the email from Bristol CC confirming with map that they own the land 1.5 metres into the road (which is where he car was parked)
Photograph of the car parked with no lines showing (Flashparks own charge notice) although the lines appeared a week later after the notice was issued.
I am happy with the documents I have but I am not sure how I compile the actual appeal? any advice would be welcome.

Coupon-mad

Have a look in post #3 of the NEWBIES thread at the POPLA point templates. Do not try to fit an appeal in the POPLA boxes!

You can use the usual ones about dodgy signage and no landowner authority but first of all, your point #1 will have to be written from scratch, explaining to POPLA that the PCN was issued on Bristol CC owned land which is public Highway falling under a Traffic Order. Not only does this mean it is not 'relevant land' but it means this firm have seriously breached the BPA CoP and KADOE agreement with the DVLA and once this PCN is cancelled, you intend to pursue a formal DVLA complaint (and a possible court claim for damages) about your data being misused and obtained without reasonable cause.

susieone

Thanks for all your help, appeal is now in and I will keep you posted. on another note.. once POPLA appeal has been submitted can it be edited or added to? asking because although I got in the major points of it not being landover property but BCC Highways, and the land registry plan showing they don't own it, I didn't mention the breach of BPA CoP etc. but surely wouldn't they be aware of this?

Coupon-mad

susieone wrote: »

Thanks for all your help, appeal is now in and I will keep you posted. on another note.. once POPLA appeal has been submitted can it be edited or added to?

No, you are now stuck with what you've submitted. You get a chance to counter their evidence pack if they contest, but not add new points now.

I didn't mention the breach of BPA CoP etc. but surely wouldn't they be aware of this?

Nope, they only consider the points raised by both sides. But you have raised a massive issue. HUGE!

susieone

Thank you all for help I am pleased to say we have won the appeal with POPLA as Parking Solutions do not wish to contest the appeal. whoop whoop.
I am now going to complain to the BPA and DVLA as you suggested, I am also going to issue them with costs for the time spent on this appeal when they were in the wrong. can I threaten them with County Court action if they don't pay? this has not only been a worry, but very time consuming and unnecessary, any suggestions again would be most appreciated. thanks again,

susieone

Forget to mention the cheeky beggars reason they say it was withdrawn was......
Appeal has been withdrawn by the operator

Withdrawn on 06/01/2017
Withdrawal reasons

Withdrawn as a gesture of good will. Please do not park here again

Umkomaas

If you really want to turn the tables you could sue them for misuse of your data under the DPA. It's not for the faint hearted or for those who think it's an easy run as the forums will do most of the work - they won't. If you're prepared to put your back into this, here's a couple of apposite blogs from the Parking Prankster to set you thinking.

http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

On PePiPoo, regular contributor 'Lynnzer' seems to be taking a lead in pushing for the pursuit of DPA breaches by PPCs. He has written a number of well constructed Letters Before Claim requiring the PPC to pay the motorist between £250 and £750 as compensation for the stress they have been put under by the PPC, or risk the matter resulting in a formal claim at the Small Claims Court. .

Do a search there to get the hang of what this is all about and whether you might want to take this fight back to the PPC.

http://forums.pepipoo.com/index.php?act=SF&s=&f=60

Coupon-mad

I agree with the above, but start with the DVLA and BPA complaint and do not give them a hint that you might sue the PPC. Just complain in the way you planned to, asking exactly why your data was supplied regarding an event on Council public highway and what are they going to do about this serious, sanctionable breach? Attach your proof (map) from the Council and keep pushing by email for a reply from both the DVLA and the BPA:

david.dunford@dvla.gsi.gov.uk

and

aos@britishparking.co.uk

What you want is an email confirming fault - keep pushing. That can then be used in your claim for data misuse to get you a 3 figure sum in compensation from the parking firm and whoever contracted them within the private land they overstepped.

HTH