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Astle retail park fine

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So my husband is a taxi driver he went to pick up a customer who was a elderly lady she took a fair few mins to load her shopping and jump in the cab. Anyway few days later we received a fine ! We was told its a scam and ignored it thinking it would go away now they have sent a letter stating we owe £170 and to ring and pay or it could incur court costs. I guess what im asking is how do i appeal it and can someome pin point the link to any helpfull template letters here as i cant find it even though previous comments state there is. Thankyou for any help in advance. 
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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is not a fine, please read the newbies. at the top of the index page.   Also read this

    They have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. 

    Excel v Wilkinson

    At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.
    https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0
    Also read this
    https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 28 October 2021 at 2:07PM
    Too late to appeal it and it's an invoice , not a fine !

    Name the parking company

    Complain to the landowner too , plan A in the newbies FAQ sticky thread near the top of the forum in the announcements section , third thread down from the top

    Use a laptop or desktop computer to view this forum , not a phone

    Everything you need to know is in the newbies FAQ sticky thread by coupon mad , stuck to the top of this forum

    Lastly , look up promissory estoppel , plus research the Jopson case , where loading and unloading is not parking
  • qadir111
    qadir111 Posts: 27 Forumite
    10 Posts First Anniversary
    I only have access to a phone is there any way you can copy and paste the link here for me to click? The company is smart parking ltd . Im not very clued up with all this stuff how do i complain to land owner and any templates of what to put etc. So sorry for all questions. 


  • qadir111
    qadir111 Posts: 27 Forumite
    10 Posts First Anniversary

    Is this the template letter i need to use ? Or is it past that stage? 
    If someone can just copy and paste the template here i would be really greatfull as need to get this sorted. 

    Dear Sir/Madam,

    Re PCN number: 

    I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable.

    Should you fail to cancel this PCN immediately, I require the following information with your template rejection:


    1. Does your charge represent damages for breach of contract? Answer yes or no. 
    2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
    3. Please provide all photographs taken of this vehicle.

    I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

    I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

    If you are a current BPA member, send me a POPLA code. If you are an IPC 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    There are no templates for you to use for a landowner complaint , each one is bespoke

    It's too late to use the blue text template , too late for any appeal to Smart Parking

  • qadir111
    qadir111 Posts: 27 Forumite
    10 Posts First Anniversary
    Are u able to post the link here for plan a please ? 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    No need , plan A is complain to the landowner , or retail park management , it's that simple !
  • qadir111
    qadir111 Posts: 27 Forumite
    10 Posts First Anniversary
    On thankyou for replying. Do i just say what ive said in my original post about how he went to pick up a customer ? 
  • Half_way
    Half_way Posts: 7,472 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    How long is a fair few minutes?
     are you the registered keeper of the vehicle?


    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This forum is very difficult to access by phone. 
    You never know how far you can go until you go too far.
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