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Wigwamfan
Posts: 63 Forumite

Apologies if answered already but can't find on thread.
I'm at LBC stage. Have appealed to landowner with no success so am preparing defence for SCC. Have following queries:
Landowner advised they will incur costs if they instruct PPC to drop/reduce fine. (They naively sought advice from PPC cowboys). Is this correct, is it likely to be at the discretion of the PPC whether to bill the landowner & am I correct in thinking the "cost" would be the now unlawful admin fees the PPC charge?
Also, the landowner is a charity organisation. Their losses the day I parked would have been from non spend in their cafe or donation from the other visitor who could have parked in that space. Does this help my argument in relation to original "fine" of £60 being excessive (unlikely anyone spends or donates this amount. It is a free museum).
Many thanks & great work you're doing.
I'm at LBC stage. Have appealed to landowner with no success so am preparing defence for SCC. Have following queries:
Landowner advised they will incur costs if they instruct PPC to drop/reduce fine. (They naively sought advice from PPC cowboys). Is this correct, is it likely to be at the discretion of the PPC whether to bill the landowner & am I correct in thinking the "cost" would be the now unlawful admin fees the PPC charge?
Also, the landowner is a charity organisation. Their losses the day I parked would have been from non spend in their cafe or donation from the other visitor who could have parked in that space. Does this help my argument in relation to original "fine" of £60 being excessive (unlikely anyone spends or donates this amount. It is a free museum).
Many thanks & great work you're doing.
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Comments
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I have only seen a few contracts, and your first point relates to the details on the contract. However, I do know of one where if the landowner cancelled , they had to pay on a sliding scale, from small admin to full fee ( if after weeks) ! So, yes point one is possibly true.
I am not an expert, but I do not think point two will fly, and went out with Beavis. You must have better defences than that. What were the signs like, were you only over by a few minutes, was it ANPR controlled etc. See what the real experts say when they get here, but I would be looking in those directionsThe pen is mightier than the sword ..... and I have many pens.2 -
'Losses/excessive charge' has no legs since the ParkingEye v Beavis case at The Supreme Court in 2015.Whether the landowner has to pay a cancellation charge will depend on what it says in their contract with the PPC (which you have no access to until the Witness Statement stage of the court process). Often they are allowed so many 'freebies' a month, then there's a charge. Quite common.Which parking firm and which solicitors?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 Street1 -
Wigwamfan said:Apologies if answered already but can't find on thread.
I'm at LBC stage. Have appealed to landowner with no success so am preparing defence for SCC. Have following queries:
Landowner advised they will incur costs if they instruct PPC to drop/reduce fine. (They naively sought advice from PPC cowboys). Is this correct, is it likely to be at the discretion of the PPC whether to bill the landowner & am I correct in thinking the "cost" would be the now unlawful admin fees the PPC charge?
Also, the landowner is a charity organisation. Their losses the day I parked would have been from non spend in their cafe or donation from the other visitor who could have parked in that space. Does this help my argument in relation to original "fine" of £60 being excessive (unlikely anyone spends or donates this amount. It is a free museum).
Many thanks & great work you're doing.I would ask the landowner for at the minimum a letter/statement saying they do not support their agents pursing this through the courts.A little more information would also help us to help you here:Name of parking company?Name/location of charity?location of car park?reason for getting a parking charge notice?Has the identity or assumed identity of the driver been disclosed (yes/no)?There is also some ground in the statment that"Landowner advised they will incur costs if they instruct PPC to drop/reduce fine."assuming landowner is a charitable organisation?
From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"1 -
What was the alleged contravention?
The pen is mightier than the sword ..... and I have many pens.0 -
Here, not hear!0
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Why not ask the landowner what it will cost under their contract for them to instruct their agent to cancel the PCN?
Usually it's between a tenner and £60.
Tell them, if it is under £30 you will reimburse them that fee in full, but they are NOT to approach the PPC on that basis. Not to tell the PPC that the consumer has offered to pay this cost. Just that they want this one cancelled and how much will that be?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 THREAD0 -
Parking Solutions 24 Ltd and Gladstones ..... THE FAMOUS DUO
Really can't afford £170
The£170 includes the fake add on.
And you are right about the new code but whilst it is law, it will not be enacted until next year so the parking charge remains until then.
Regarding the fake add-on by Gladstones, it has been made very clear by government that such fakes are banned and government expects the parking industry to work within the spirit of the law.
Gladstones as usual are trying it on so as you must respond to the LBA. But you can ask them for their legal authority to add extra charges especially as government has banned such charges. If it goes to court, the same question must be raised by the judge
Many times have Gladstones been told that they CANNOT add fake charges but Gladstones ignore the courts hoping they can find a judge who is a mug.
The onus is on Gladstones to show why they are not working within the spirit of the law
And your SAR to the PPC can include your address which they already have plus a copy of your V5.
NEVER send photo ID as this is a scam industry and you do not want ID theft
1 -
Are you saying that you had an allocated bay in that car park, but were prevented from getting to it ? So who was responsible for that ?The pen is mightier than the sword ..... and I have many pens.1
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Wigwamfan said:patient_dream said:Parking Solutions 24 Ltd and Gladstones ..... THE FAMOUS DUO
Really can't afford £170
The£170 includes the fake add on.
And you are right about the new code but whilst it is law, it will not be enacted until next year so the parking charge remains until then.
Regarding the fake add-on by Gladstones, it has been made very clear by government that such fakes are banned and government expects the parking industry to work within the spirit of the law.
Gladstones as usual are trying it on so as you must respond to the LBA. But you can ask them for their legal authority to add extra charges especially as government has banned such charges. If it goes to court, the same question must be raised by the judge
Many times have Gladstones been told that they CANNOT add fake charges but Gladstones ignore the courts hoping they can find a judge who is a mug.
The onus is on Gladstones to show why they are not working within the spirit of the law
And your SAR to the PPC can include your address which they already have plus a copy of your V5.
NEVER send photo ID as this is a scam industry and you do not want ID theft
I have seen a PPC reply where they state they can request photo ID when keeper has pointed out it isn't required. Any advice re how to respond to this should that be their next card?
They can ask until the cows come home but they are not entitled to photo ID
They already have your address which you confirm with your V5 or redacted utility bill.
On that basis they have 30 days to respond or you will report them to the ICO
YOU SIMPLY DON'T PLAY GAMES WITH THESE CLOWNS1 -
patient_dream said:Wigwamfan said:patient_dream said:Parking Solutions 24 Ltd and Gladstones ..... THE FAMOUS DUO
Really can't afford £170
The£170 includes the fake add on.
And you are right about the new code but whilst it is law, it will not be enacted until next year so the parking charge remains until then.
Regarding the fake add-on by Gladstones, it has been made very clear by government that such fakes are banned and government expects the parking industry to work within the spirit of the law.
Gladstones as usual are trying it on so as you must respond to the LBA. But you can ask them for their legal authority to add extra charges especially as government has banned such charges. If it goes to court, the same question must be raised by the judge
Many times have Gladstones been told that they CANNOT add fake charges but Gladstones ignore the courts hoping they can find a judge who is a mug.
The onus is on Gladstones to show why they are not working within the spirit of the law
And your SAR to the PPC can include your address which they already have plus a copy of your V5.
NEVER send photo ID as this is a scam industry and you do not want ID theft
I have seen a PPC reply where they state they can request photo ID when keeper has pointed out it isn't required. Any advice re how to respond to this should that be their next card?The pen is mightier than the sword ..... and I have many pens.0
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