Myparkingcharge.co.uk - Appeal?

Parking_Appeal

Hello,

I have been reading through these forums for a while now and unfortunately I need some additional help. Apologies, I know a lot has already been written but I am unsure if my case is different.

29/01/19 - I received a 'This is not a parking charge notice' on my car from myparkingcharge.co.uk
05/02/19 - PCN/NTK from VCS was posted with 'Parking in a restricted/prohibited area
06/03/19 - PCN/Final Reminder from VCS was posted.

The incident occurred at the Media City Multi Storey Car Park. I was parked in an unmarked bay as the car park was extremely busy. People park there on a daily basis so i assumed it was okay. There were no signs or markings to indicate it was prohibited, however it was clearly not an official space.

Am I right in thinking that the NTK was sent too soon, and the DVLA provided VCS with my details to early? I recognise that I was not parking where I should have been, but as it was not clear, and the NTK was sent so soon, do I have a case to appeal?

I have read the FAQs but I can't seem to figure out exactly what I need to send, and who to.

Many Thanks,

Fruitcake

First, edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people.
The Keeper has protections in law that The Driver does not.

Do this before you do anything else!


Unfortunately the DVLA believe the This isn't a parking charge isn't a NTD because the parking scammers told them so. The DVLA get paid to do this.

Did you appeal the NTK? If not then you are either in ignore more or you can send a late appeal using the blue template from the NEWBIES, but I doubt it will be accepted.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem become so widespread that MPs agreed to enact a Bill to regulate these scammers. It has cleared Parliament and hopefully, this will become law shortly.

Coupon-mad

do I have a case to appeal?

Yes you do, but no, it will NEVER be accepted as IPC firms offer no true appeal.

This is no different from any other VCS case, and will be winnable at small claims stage, as per post #2 of the NEWBIES thread.

Post #1 of the sticky thread is quite clear to send the template appeal unchanged, even for IPC firms, then NOT TO TRY IAS (we don't need to go over why not, again, it is literally all over the forum!).

mossyblusher

I've  had a letter sent to my old address, I've not lived there for a year, with a notice, a demand and a final demand. I paid for this parking online but the notice says I was parked without a valid ticket. As I don't live there and with the lockdown I've not been to the house to collect any mail so the appeal is too late now. What do I do? You can't speak to anyone!!

Le_Kirk

You read the NEWBIE sticky thread, one click back and it is one of the first three threads.  Then, when you have read and digested it and if it doesn't answer your query, start your own thread and ask your specific question.

nosferatu1001

Welcome!
However this is not your thread and you must not post on here
Please read the newbies thread
That covers how to deal with old addresses - the first step is getting your address for service updated. 

stevemtac

Hi I was dropping my mother in her car to Bristol airport 28th august 2020, just before we were approaching the drop-off zone my son who was 2yr old was violently sick and went hysterical so I had to pull over into a no stop zone to see to him, and as I did a cctv monitoring vehicle passed, my mother has just come back from turkey today 03/10/20 and she has received a charge notice for this offence, can I appeal this? I took photograph of my son to prove that he was sick with the date of the offence because I had a feeling that they would issue a fine. any advice would be appreciated.

Le_Kirk

As per the posts just above yours, this is not the place to put your question.  Go to the front page of the parking forum and you will see FIVE announcements (in RED) one of them is the NEWBIE sticky, read it and if, after having read it, you still have a question, please start your own thread (there is a button for that, also on the front page of the parking forum) where you will be given bespoke advice.

Coupon-mad

stevemtac said:

Hi I was dropping my mother in her car to Bristol airport 28th august 2020, just before we were approaching the drop-off zone my son who was 2yr old was violently sick and went hysterical so I had to pull over into a no stop zone to see to him, and as I did a cctv monitoring vehicle passed, my mother has just come back from turkey today 03/10/20 and she has received a charge notice for this offence, can I appeal this? I took photograph of my son to prove that he was sick with the date of the offence because I had a feeling that they would issue a fine. any advice would be appreciated.

Welcome!

Read the NEWBIES thread (don't ask for a link..) and spend Sunday doing this FIRST, please please please!

PLEASE CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

CALLING ALL NEWBIES! 

 

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1