A little confused

scfcmozzer

Hi

I have a company car that other people also use, the driver parked on a local car park run by smart Parking and although paid the required 50p and obtained a parking ticket has now received a parking fine from the company.
The driver seems to have entered one of the digits incorrectly although is adamant that the data was entered correctly the ticket does show the mistake and the driver never noticed this at the time.
We still have the ticket and initially thought to challenge this but after reading these boards it seemed a 50 50 gamble if we were to appeal the charge based on an input error would be quashed


The driver phoned the company supplied pay line on the reverse of the fine and entered the payment details to pay the issued fine, we thought the fine was cleared but today we have been issued with another letter inflating the original fine from £60 to £100
I have phoned the company as a company director to see if they have had recieved any payment from anyone associated to the case to which they replied NO
We now may as well appeal as the fine has already increased to the £100 that we wanted to avoid
We have not disclosed who was driving or who the keeper of the vehicle is currently and have only identified this as a company vehicle

What direction do you suggest I appeal, I have read the newbie thread and feel that the appeal should take the route of the mistyped digit as per the governing bodies guide to its members but with this being a company car is this the correct way,

Your help would be appreciated as this is not about the money but the way that these people are trying to scam the public, the keypad has extremly small buttons with yellow recessed digits that are very hard to see especially in sunlight and the digit that is wrong is very close to the digit that it should be, we tried to pay and went through their system yet they say we are yet to pay and have increased this to £100, again I think this is just part of their elaborate scam to pry more cash from the unwitting public

your advise would be appreciated as now I do not want to pay a penny if I can avoid it as this must be affecting more older of the public than young with their eye sights etc

Thanks

The_Deep

Oh dear me, it is not a fine.

It is an invoice for the horrendous damage they suffered as a result of you wife's inexcusable behaviour. Ppay them nothing unless a judge orders you to, (which is highly unlikely) as many/most judges regard this as a trifle.

https://en.wikipedia.org/wiki/De_minimis

please read the stickies/FAQs and acquaint yourself with this very widespread scam. Nine times out of ten these tickets are unlawful, so consider complaining to your MP.

Also, it would be advisable to name yourself as keeper and not the company.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Quentin

Throughout here you are advised never to reveal who was driving

You need to edit your OP to remove details of who was driving

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

scfcmozzer

so basically other than complaining to my MP I have to pay this, is there not an option to appeal this ticket or hs that boat sailed


thanks

Coupon-mad

scfcmozzer wrote: »

so basically other than complaining to my MP I have to pay this, is there not an option to appeal this ticket or hs that boat sailed

Cough cough, I'm sorry, what now?

You've taken from the advice, that you want to actually PAY Smart Parking who we never ever ever pay? EVER?!

How did you come to that completely wrong conclusion?

The driver phoned the company supplied pay line on the reverse of the fine and entered the payment details to pay the issued fine,

Why the heck did someone try to pay this scam? This was never a fine!

What direction do you suggest I appeal, I have read the newbie thread and feel that the appeal should take the route of the mistyped digit as per the governing bodies guide to its members but with this being a company car is this the correct way,

You just use the company car examples, not the blue text appeal. That's why, in the NEWBIES thread first post, there is a section near the bottom about company lease cars, with linked example appeals.

100% winnable at POPLA.

BrownTrout

Please direct us to where it says you have to pay this?

scfcmozzer

Coupon-mad wrote: »

Cough cough, I'm sorry, what now?

You've taken from the advice, that you want to actually PAY Smart Parking who we never ever ever pay? EVER?!

How did you come to that completely wrong conclusion?

Why the heck did someone try to pay this scam? This was never a fine!

You just use the company car examples, not the blue text appeal. That's why, in the NEWBIES thread first post, there is a section near the bottom about company lease cars, with linked example appeals.

100% winnable at POPLA.

Thank you for this, I have read the newbies section but perhaps I am being a bit dim, I have failed to see how I formulate my appeal and on what grounds, is there a template for company car drivers or is there a template for mis keyed transactions or do I formulate a mixture of the two things,


I would never make a solicitor but this does seem a mine field

KeithP

There is a template for company car keepers - towards the bottom of post #1 of the NEWBIES thread.

Forget anything about miskeying for the moment.

Coupon-mad

is there a template for company car drivers

Erm, yes, where I said to look:

You just use the company car examples, not the blue text appeal. That's why, in the NEWBIES thread first post, there is a section near the bottom about company lease cars, with linked example appeals.

or is there a template for mis keyed transactions or do I formulate a mixture of the two things,

Don't bother. Just use one of the company car appeal examples - found exactly where I said to look - there are 2 or 3 of them there.

scfcmozzer

Coupon-mad wrote: »

Erm, yes, where I said to look:


Don't bother. Just use one of the company car appeal examples - found exactly where I said to look - there are 2 or 3 of them there.

this is where I am confused, they sent the letter straight to the company that I am employed with, they did not go through a lease company and the examples are for lease companies that failed to send paperwork in the required time,


the other example is this
Here are some examples of a successful first appeal. These examples relate to a situation where the PPC has (pretty much ALWAYS!) failed to send the required documents to the hirer (you) with the postal Notice, by day 21 after the date they were informed of the hirer's details:


please could you link me to the example that you think is relevant to my case and ad vise how I change the structure of the letter to suit the letter being sent to the company and not the driver, also do I admit to being the keeper of the vehicle and retain the info of driver

scfcmozzer

Is this the sort of thing that I need to send


Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as user of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), smart parking has no reason to contact my employers again regarding this PCN



Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,
My name