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Parking Ticket for accidentally overstaying

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Comments

  • Le_Kirk
    Le_Kirk Posts: 24,731 Forumite
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    MistyZ wrote: »
    So you appealed online to Euro Car Parks .... I notice that you say you have 'received no POPLA code in the post'. Are you sure it hasn't been emailed to you? I thought that was usually how the parking companies do things regardless of demands that they do not (though I know that they're a law unto themselves).
    Good call MistyZ, maybe OP you could check your Spam folder.
  • Umkomaas
    Umkomaas Posts: 43,480 Forumite
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    edited 7 January 2019 at 12:49PM
    Firstly: I had a valid parking ticket for that day for two hours
    Secondly: 20 minutes extra is only 5 minutes in addition to the required 15 minutes grace period where I am allowed to decide if I even wish to stay or not which means £100 is grossly misproportinate to the proper cost of parking for that time.
    Thirdly: The "FINAL NOTIFICATION" was sent well beyond the required 35 day response period after which the appeal is assumed accepted.
    None of that is appropriate to the BPA - other than giving them (and then their operator/member) a good idea of the driver's identity.

    As an aside (because you won't, I hope, include any of the above in your complaint), your interpretation of the grace period is wrong, and while you (and we) might think that £100 is disproportionate (extravagant and unconscionable), I'm afraid The Supreme Court in ParkingEye v Beavis disagrees.

    There is nothing that 'assumes the appeal is accepted'. Where did that come from? The more 'guesses' or incorrect interpretations, the less 'weight' a complaint has, the more it looks like a rant and the less consideration it's likely to receive.

    Keep your complaint factually correct, it has nothing to do with whether the ticket was correctly or incorrectly issued (that's for POPLA), it's simply about process and the fact that you have been denied your right to a POPLA Code to enable you to follow the full appeal route.
    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
  • ITGuy90
    ITGuy90 Posts: 113 Forumite
    So just the first paragraph for the complaint to BPA? I've received a response from my MP and they are going to raise the complaint for me as well. In the meantime, I guess I can delay it with the parking company by re-asking for a POPLA code?
  • ITGuy90
    ITGuy90 Posts: 113 Forumite
    Quick update, my MP's office are contacting them for me. I have retried to get my POPLA code online but it said to refer to the response to the first appeal "You have received" which I have not.
  • Umkomaas
    Umkomaas Posts: 43,480 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Explain all the stages you've gone through in your complaint to the BPA. The first para of your draft is a bit stark on its own, so will need a bit of softening and then an introduction then a final para asking for their help in resolving this.

    Remember, they represent the PPC and have no requirement placed on them to help you, so you need to encourage them.
    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
  • ITGuy90
    ITGuy90 Posts: 113 Forumite
    Umkomaas wrote: »
    Explain all the stages you've gone through in your complaint to the BPA. The first para of your draft is a bit stark on its own, so will need a bit of softening and then an introduction then a final para asking for their help in resolving this.

    Remember, they represent the PPC and have no requirement placed on them to help you, so you need to encourage them.

    Okie doke, thanks :) I'm nearing the end of my lunch break now so will have a go at drafting the complaint when I get home and reply again.
  • ITGuy90
    ITGuy90 Posts: 113 Forumite
    I'm not very good at writing complaints and things, not sure what to put.

    This is for sending to BPA / DVLA so far:


    I am writing to complain about the activities of XXXX regarding PCN YYYYY sent to me as the registered keeper of vehicle NNNNNNN on DDMMYYYY and DDMMYYYY.


    On DDMMYYYY I received a PCN. Having completed the online form as to submit an appeal to this ticket around the date DDMMYYYY I have since received no POPLA code and instead more than 35 days later (on DDMMYYYY) I received what says is a "FINAL NOTIFICATION" demanding £100 and threatening me with further civil action if I do not pay.
    The "FINAL NOTIFICATION" also says I may appeal which I have attempted to do so online again where it now says I should have received their response already.

    As I have been denied my right to full appeal through the POPLA process I demand that you tell XXXX to respond in writing of the outcome of the appeal and supply me with a POPLA code if unsuccessful.
  • Coupon-mad
    Coupon-mad Posts: 153,282 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I demand

    better to write:
    I ask

    And did you not find the rejection letter in your spam emails?
    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
  • ITGuy90
    ITGuy90 Posts: 113 Forumite
    edited 7 January 2019 at 6:08PM
    Coupon-mad wrote: »
    better to write:



    And did you not find the rejection letter in your spam emails?


    No I did not find it unfortunately. Is there anything else I could include? Or is that good to go. I am conscious of the fact it is short so I feel I might be missing something?
  • Coupon-mad
    Coupon-mad Posts: 153,282 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The BPA will need attachments - the PCN & proof you appealed, plus the Final Notice. And add that you consent for the BPA to discuss your complaint with the parking firm.
    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
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