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Ticket for daring to use a hand car wash

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I recently availed myself of a hand car wash service located at the back of a local car park.

A few days later I received a PCN, claiming the vehicle was parked in the car park, and "Payment was not made in accordance with terms displayed on signage".

The car was not parked at any point - it was driven straight to the car wash, sat in the queue (for ages) and then left again straight away.

I appealed on this basis but the appeal was unsurprisingly rejected.

So my question - is there any point in appealing to POPLA? Or should I just wait for the threatening letters to start coming?

Many thanks.
«134

Comments

  • 1: phone a friend

    2: read the newbies thread

    choose one that may help
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You appeal to PoPLA .

    For a start, clearly the signs weren't explicit enough to get the message to you that you needed to pay to queue up and use the car wash.

    There are other PoPLA appeal points discussed in post #3 of the NEWBIES FAQ sticky thread. Use all the appeal points relevant to your situation.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • gorilla17
    gorilla17 Posts: 41 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Thanks all
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    OH DEAR, which stupid parking company did this ?

    Bet their signs did not refer to a car wash.
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is it Premier Park, same place as this thread?

    https://forums.moneysavingexpert.com/discussion/5800138/premier-park

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • gorilla17
    gorilla17 Posts: 41 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Hi guys,

    I received a PCN back in April from CEL for allegedly not paying to park in a car park, when I was in fact just there to use the hand car wash service based in the car park. I have photographic evidence to prove that free parking is offered for users of the hand car wash.

    I appealed the PCN, which was obviously rejected, so I'm now playing the ignoring game. The most recent letter I've received was from QDR Solicitors, on behalf of ZZPS, on behalf of CEL (!)

    I am aware that there's no point in responding at this stage. However having read through this forum, it looks like CEL are quite likely to take this forward to County Court stage.

    So my question is simply this - are there any copy and paste defences on here reflecting the specifics of my case - car was not actually parked, I was just using the car wash - or will I need to put something together based on other defences and adapt it to suit these specific circumstances?

    I've searched for "car wash defence" and "hand car wash CEL" and haven't come up with anything, so if anyone's aware of any threads relating to this, I'd be most grateful if you could point me in the right direction.

    Many thanks.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    What happened to the appeal to POPLA? It would have been upheld there.

    Obv no copy and paste for that specific circ.
  • Umkomaas
    Umkomaas Posts: 43,314 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Get in touch with the landowners (is it a supermarket, lots of these car washes hang out there?) and get them to cancel.

    Can the car wash boys give you any help?
    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.

    Private Parking Firms - Killing the High Street
  • gorilla17
    gorilla17 Posts: 41 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    edited 20 August 2018 at 2:10PM
    Unfortunately I missed the POPLA deadline due to being on holiday and other more pressing issues.

    It's a general purpose car park, not attached to a supermarket etc. Next to a church, behind the high street. Not clear who owns it.

    I spoke to the car wash people after my appeal was rejected, but they only had records of number plates for the last 2 weeks, and this was 5-6 weeks later. They said I should come back and talk to the owner of the car wash business, but he's never around when I've tried, and I haven't got time to keep going back to the car park time and again during their operating hours (and risk getting another PCN!)

    I can try the car wash people again now, but they'll probably tell me to get lost 4 months after the event! So I figured my best option was to defend against CEL. Do you disagree?
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