Globe Protection LTD Charge - Appeal help

ammzzhd

Hello everyone,

I’ve seen this forum has helped many people successfully appeal parking charges, so hopefully you can help me with mine.

I received the letter today for not paying for my duration of stay at the car park. I was trying to pay once I’d arrived, however the car park only accepts payment through their website using a QR code or entering the website address into a browser. This area is notoriously bad with mobile signal and so I had no means of paying, otherwise I’d have paid no problem.

Could anyone suggest how I should go about appealing this please? I’ve read through the newbies thread as well as the article on MSE, and as they’re part of the IPC I have a chance in appealing. However, on their website it states they will only accept appeals through their website and not via email for example. What reasoning should I include in the template provided to give me the best chance? I’ve also read that if this appeal is unsuccessful, then appealing through the IAS is futile.

Thanks

httpx://imgur. com/a/ZsjEUeQ

Umkomaas

Sorry to tell you that you have very little prospect of success at the initial appeal stage, and no prospect of success at the second stage (IAS). If you want to show some level of engagement, use the blue text initial appeal template from the NEWBIES FAQ Announcement, first post, and add that 'the driver' (no I or me) was unable to get their (Globe's) technology to work. It will be rejected, there are no magic words. 

You're going to have to wait to see if they instigate court proceedings to put your case in front of an impartial judge - the only impartiality you will get in a private parking case. 

Can we please see a redacted copy (both sides, but leave all dates showing) of the first letter you received from Globe. 

fisherjim

If you could not pay they will just say you should have left site, if you go to John Lewis to buy a TV and you left your credit card at home they don't say never mind take it anyway do they.

Le_Kirk

https://imgur.com/a/ZsjEUeQ
Not sure what your link is supposed to be but I think you might be surprised!

Coupon-mad

Please show us - NOT AS A LINK - the front and back of the NTK received. Redact your data.

ammzzhd

[Image removed by Forum Team]
  Here are the redacted copies

Re PCN number: 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

The driver in question was unable to pay for the duration of stay, after failed attempts of using the QR codes to load the relevant website to make payment.

Should I add/replace anything else from this template please? Does my statement contradict the second paragraph?

KeithP

ammzzhd said:

The driver in question was unable to pay...

Is it a good idea to confirm you didn't pay?
What do the words 'in question' add to that statement?
Would it be equally as good as "The driver was unable to pay..."?

The suggestion made by @Umkomaas was to use words like...
        'the driver' was unable to get their (Globe's) technology to work.
No need to mention the driver's inability to pay, rather the machine's inability to take a payment.

Coupon-mad

I've redacted some identifying info.

The keeper liability paragraph tells lies:

"the creditor has the right to recover parking charges, and any charges associated with recovery from the registered keeper..."

That second bit isn't true.

There is no such thing as 'debt recovery fee keeper liability' because the POFA caps recoverable charges from a registered keeper at the sum of the parking charge only.

The truth is in Explanatory Note 221:
https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3
"The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5))."

But there's no appeal worth trying with an IPC firm because the IAS is a joke.  Appeal if you like but it won't actually work (and isn't designed to). The back page tells you that ZZPS are doing the back office work.

They are debt crawlers with a clear vested interest in the appeal being rejected because then they can pursue you for £170 which increases their slice of the pie. So there is absolutely no chance of an appeal being accepted in a million years.

Once the farce of so-called 'appeal' is refused, do not try IAS. Ignore this parking charge completely unless you move house within 6 years. That is all.

No paying to make it go away.  That's funding the 'outrageous scam' colluding scheme.

ammzzhd

@KeithP thanks for the suggestion, does this read better or should I include anything more thanks?

Re PCN number: 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

The driver was unable to get the QR payment technology provided by Globe Protection LTD to work after multiple attempts.

ammzzhd

@Coupon-mad I understand that a lot more now thank you. After I send my initial appeal and it is subsequently rejected, how long roughly would I expect the ‘debt collector’ letters?

Grizebeck

ammzzhd said:

@Coupon-mad I understand that a lot more now thank you. After I send my initial appeal and it is subsequently rejected, how long roughly would I expect the ‘debt collector’ letters?

Why does it matter?
The answer.  It doesnt