Flashpark Advice

CFNCFN

Hi everyone... first post so go easy on me!

So we received a PCN through the post (no windscreen ticket) from FlashPark back in April after my wifes car broke down and was left in a small car park near some local shops while arrangements were made for it to be recovered. A response was sent to the PCN with the very helpful letter from the newbies thread and added a bit on mitigating circumstances:

!!!8226; Mitigating circumstances
There are mitigating circumstances to explain why the vehicle was parked where it was and the charge should be waived for this reason. The vehicle had suffered a snapped front left suspension spring and subsequent badly burst/torn front passenger tyre resulting in it being undrivable and needing recovered. The car park was the nearest safe place to stop without impeding traffic on a busy road. Please see attached evidence including confirmation of recovery from the location and invoice for new tyres and coil spring as proof of claim. A clearly visible note in the widescreen of the car was also left explaining the situation and including contact details.

Have now recived the usual reply from Flashpark with a POPLA code stating the following grounds of rejection and offering good will of £35 (£85 original) if paid in 14 days:
1. You did not display a valid permit in accordance wit the regulation stated on the warning notices displayed in clear and prominent location around the parking area.
2. Neither the landowner or Flashpark has issued you a permit to park in this area.

The car park is for some shops and people using the shops obviously don't put a permit in their cars. The car was left at approximately 12pm and the photo on the PCN letter was taken at 13:48pm.

The car was not recovered until lunchtime the next day as had to get to a pharmacist to pick up a prescription (my wife is being treated for cancer at the minute) and had to pick the kids up from nursery and school. The car was in a safe place so was not a priority.

Any advice on how to proceed. Part of me doesn't need the hassle with my wife not being well but also don't think the fine is fair given the car was in such a bad way.

Thanks in advance.

Quentin

Everyone is politely asked to read up on this in the newbies faq thread near the top of the forum before starting a new thread


Go there now to learn about the game you are caught up in and how to deal with this


#3 there covers popla appeals


Throughout you are advised never to reveal who was driving - if it's not too late and you haven't already done so in your appeal then edit your post to remove details of the driver


The ppcs monitor this forum and can use your posts against you

Coupon-mad

I also left a clearly visible note in the widescreen of the car explaining the situation and including contact details.

You added words that said 'I did this'? I?? Implying the possible DRIVER?

You added that to the template that's carefully worded NOT to imply the driver's identity?

CFNCFN

Thanks... I had read the first part of the newbies FAQ to draft the first letter. I will look at section 3 now.

We have never stated who was driving (as per advice on the newbies thread) and have edited my post to remove any suggestion of who was.

CFNCFN

Coupon-mad wrote: »

You added words that said 'I did this'? I?? Implying the possible DRIVER?

You added that to the template that's carefully worded NOT to imply the driver's identity?

Good point. Yes that was put in the letter but they only have the car owners details who might or might not have been driving at the time?

Quentin

Needs more editing - eg see #3 above! (But more than just that!)

CFNCFN

Quentin wrote: »

Needs more editing - eg see #3 above! (But more than just that!)

Thanks I have edited further.... I cant change the fact the first letter was sent with "I" in the last bit of the mitigating circumstances bit though. Can they tell who "I" am from a random username on a forum?

Quentin

Remove all the "I"s!


PPCS can identify from all the info given - all user names are (supposed to be!) anonymous - nevertheless the ppcs have used forum posts against defendants!

KeithP

CFNCFN wrote: »

Can they tell who "I" am from a random username on a forum?

No, of course they can't.

But presumably you will continue by posting here a PoPLA appeal text. If you make just one more mistake, like perhaps leaving a car reg no visible in a pic, or a precise date and time on a letter image, anyone will know that the appellant was actually the driver.

Coupon-mad

It's not what you put here, it's what the first appeal said! And they will show it to POPLA and they will use that to suggest you were driving, due to that added wording.

That's why we say 'use the template as is' to stop people merrily doing exactly this and shooting their toes off.

Luckily, your words don't QUITE say who was driving/parked, they just say the appellant was there and was the person who put a note on the windscreen. I would NEVER have told you to write that, because POPLA might decide that means the driver was you.

Oh dear.

OK, you will have to clear that mess up at the start of the POPLA appeal by saying the driver has never been identified and whilst you were an occupant of the car and called the breakdown service (show your telephone proof of breakdown embedded as an image to prove it) you merely added this point to show the operator why the car was stopped, beyond the driver's control. You can give an honest account of the breakdown, but the actual driver has not been named.

Then add the usual template appeal points as per post #3 of the NEWBIES thread:

- no keeper liability (say whether the PCN arrived after day 15 and/or had omissions in wording about keeper liability when compared to para 9(2)f of Schedule 4).

- appellant not shown to be the individual liable (you will have to cross your fingers POPLA don't infer it from your added words)

- unclear signs

- no landowner authority

- ICO CoP on surveillance camera use, breached.

all are templates or shown in linked examples in the third post of the sticky.

CFNCFN

Thanks everyone for the advice and apologies on the delay in response I have been out the country with work with limited internet access.

I will draft something up using the advice above and template points in the NEWBIES thread. Is it worth posting my response here for advice prior to issuing to POPLA? Also in my first point with regards to mitigating circumstances is it worth pointing out the reasons why the car wasn't recovered until the next day (as obvious from the evidence from the recovery company)?

Thanks again.