UPDATE 29/01 I need some help with a parking fine from myparkingcharge.co.uk for a hired vehicle

Coupon-mad

ireallycantyodel wrote: »

2. The Edna Basher thread (https://forums.moneysavingexpert.com/discussion/5881338/pcn-for-lease-car-vehicle) seems to be only for the fleet manager/hire firm to provide the name of the hiree..or am I overlooking something? Europcar have already passed my details on - Am I right in the assumption that my entire appeal should be based on me saying that I don't know who the driver was rather than the actual reason? If so - can someone point me to the correct template?

Why don't people click on the three links above the Fleet Manager one in the NEWBIES thread. The ones provided as example appeals for people with hire/company cars.

Why click on the Fleet Manager one? You are not the first person to do this!

Non-fleet appeals (written by Edna Basher!) are just above it in the NEWBIES thread.

I guess I can still do a chargeback...?

Don't hang about.

You only have 3 months so don't overlook it. Certainly do a chargeback, you will know from all the other Europcar threads you've found on here (there are LOADS - all easily found by searching this forum) that people do chargebacks to reclaim Europcar charges because they are unauthorised and you can prove it.

Stop stressing over the 'rules' about appeal. Excel/VCS will turn it down anyway, but later (given our track record) you are 99% likely to win when/if they try a small claim.

Fruitcake

When appealing, check and triple check the drop down box selections. If you scroll or click anywhere else on the form it has a nasty habit of reverting back to, I was the driver.

You select Hirer, click somewhere else, and find that Driver has been auto selected even though you selected Hirer.
Nasty, nasty entrapment software deliberately written to catch the unwary.

Having made all your selections, go back and check again that Driver has not been selected, nor anything where it says "I" did something.
Take a screenshot/photo then hit submit.

ireallycantyodel

Coupon-mad wrote: »

Why don't people click on the three links above the Fleet Manager one in the NEWBIES thread. The ones provided as example appeals for people with hire/company cars.

Why click on the Fleet Manager one? You are not the first person to do this!

I appreciate your frustration but I think that the fact that people ask over and over again might be a slight hint that the layout of the newbie thread is not as tidy as it could be

Your and the other guys' hard work in this forum are greatly appreciated! But you are basically parking fine experts and dinosaurs in this forum. When someone new comes along and frantically looks for help, they easily get confused.

I am happy to help tidying it up if need be - from a fresh pair of eyes point of view Might save you some frustration, too

Thanks for all the support. I will choose the suggested drop downs. I think the fact that they do not accept any appeal reason other than their own pre-canned replies is pretty cheeky.

MistyZ

ireallycantyodel wrote: »

I will choose the suggested drop downs. I think the fact that they do not accept any appeal reason other than their own pre-canned replies is pretty cheeky.

Is there the option of 'other' in the 'Reason for appealing' list? I'd go for that if so. Anyone disagree?

And most definitely make sure you select hirer from the other section and take screenshot, as suggested.

Just don't let the parking company's cheekiness, complexity, insanity and downright miserableness distract you from the task in hand! It is what it is and you can win this!

ireallycantyodel

MistyZ wrote: »

Is there the option of 'other' in the 'Reason for appealing' list? I'd go for that if so. Anyone disagree?

And most definitely make sure you select hirer from the other section and take screenshot, as suggested.

Just don't let the parking company's cheekiness, complexity, insanity and downright miserableness distract you from the task in hand! It is what it is and you can win this!

No unfortunately not, that's what really peeved me off! I am just submitting it under "I was the HIrer" and "I never owned the car" which is true..lol

ireallycantyodel

KeithP wrote: »

OK, I would just send that appeal for now.

Save the rest for later.

Hopefully you won't need it.

I just realised that it might be good to include these two reasons as well -

Because I am basically admitting that I was the hirer and they did not include a copy of the hire agreement and did not send it within 21 days.

Maybe I should do it the other way round? Because if I admit that I was the hirer now, the copy of the agreement is obsolete I guess?

KeithP

But that's what the appeal text in post #56 above says.

Ok, it doesn't spell it out - it refers the PPC to POFA so that they can work out where they have gone wrong.

As I said earlier, I would just send that appeal for now.

Why re-invent the wheel?

Of course, it goes without saying, you are free to do whatever you wish, but you are overthinking this.

ireallycantyodel

KeithP wrote: »

But that's what the appeal text in post #56 above says.

Ok, it doesn't spell it out - it refers the PPC to POFA so that they can work out where they have gone wrong.

As I said earlier, I would just send that appeal for now.

Why re-invent the wheel?

Of course, it goes without saying, you are free to do whatever you wish, but you are overthinking this.

Thank you, very true. I just added one of the paragraphs from the FOI and the POFA Act which were not in the original appeal because the Edna Basher version doesn't presume that the PPC would take longer than 21 days as well as forget a copy of the hire agreement. I literally just added the numbers of the paragraphs who state that that's what they need to do.

ireallycantyodel

So here we are 18 days later and I finally got a response, which is * drumroll * - a rejection letter of my appeal. I am not sure what to make of this - they also did not provide a POPLA reference number - any thoughts? They also ignored all my other arguments.

We refer to your appeal in respect of the above Charge Notice (CN) received on 31/01/2019.
Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our
main reason(s) for this decision are as follows:
The signs at the car park make it clear that the land is private property and that a Charge of £100 will be levied if
vehicles park outside of the Terms and Conditions displayed. The signs in proximity to where the above detailed
vehicle parked clearly indicate that parking in the area is not allowed, specifically stating that vehicles must only park
in a marked bay; the vehicle parked in that Restricted/Prohibited area of the car park and therefore you became
liable for the Charge advertised.
We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to
accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the charge
will stand; photographic evidence which supports this can be viewed at https://www.myparkingcharge.co.uk
What you should do next - Either:
1. Pay the Charge Notice (CN): In order to settle the Charge, the payment of £60 to reach us by 02/03/2019 or
£100 to reach us by 16/03/2019 must be made. Failure to pay this charge within the stated times, may result in Debt
Recovery Action being taken and further costs up to an additional £60 being incurred.
Payments can be made online at https://www.myparkingcharge.co.uk by following the links for "Pay Now", or over the
phone by calling 0845 226 9138 by using a valid Credit or Debit Card.
OR:
2. Appeal to the Independent Appeals Services (IAS): If you believe this decision is incorrect, you are entitled to
appeal to the IAS. In order to appeal, the IAS will need the following information (which is also contained in the
subject header of this correspondence).
16 February 2019
Notice Serial No: xxxx
Vehicle Registration Mark: xxxxxx
Appeals must be submitted to the IAS within 21 days of the date of this correspondence. Please visit https://www.theias.org
for full details on how to submit an appeal online.
It is important you note that if you do make an appeal to the IAS, the reduced charge offered above will no longer
apply. You should also be aware that if a payment is made prior to an appeal being made to, or adjudicated by, the
IAS AND this is accepted as Full and Final settlement against the CN, the appeal will automatically be dismissed and
the matter will be deemed closed. Should you appeal to the IAS and it is unsuccessful, the full amount outstanding
(£100) will become payable within 14 days of the date the IAS decision is notified to you. Failure to pay this sum in
the 14 day period will result in debt recovery costs of £60.00 being added to the outstanding balance.
It is important we also highlight that no further appeals will be accepted at this office; any such appeal must be
made to the IAS.
Please also note that further costs may be incurred should it be necessary for us to subsequently recover any
outstanding charge using further debt recovery and/or court action.
Yours sincerely,
Appeals Administration Team
CENTRAL PROCESSING OFFICE

Umkomaas

I am not sure what to make of this - they also did not provide a POPLA reference number - any thoughts?

You were never going to get a POPLA Code - IPC AOS Operators do not use POPLA as their second stage Appeals Service.

We do not recommend you appeal to the IAS, offered in the above response.

Ignore everything now, unless you get a Letter of Claim, or court papers from the Northampton CCBC via MCOL (or occasionally from the Salford distribution centre). Come back on this thread if you receive any of the above - do some advance research about how to deal with a court claim by reading the NEWBIES FAQ sticky, post #2.