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Parking Charge - Middlesbrough

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JordyCart
JordyCart Posts: 6 Forumite
edited 5 November 2013 at 3:21PM in Parking tickets, fines & parking
Hi all i was at middlesbrough leasuire park today with friends when i parked over the /// lines just outside the parking spaces (I know stupid) but i was only running in mcdonalds, anyway i got a parking notice and i had one before but i just ignored but ive read its changed now. I threw the notice away (Stupid). What do i do now? Im pretty sure it was from excel as i got one in the same place a few months ago. Thanks
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  • JordyCart
    JordyCart Posts: 6 Forumite
    edited 5 November 2013 at 3:02PM
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    I need some help asin what to do next. Who should i contact to get my ticket back? Should i appeal straight away. Im really confused

    Can i even appeal? as i was in the wrong parking in that spot
  • Umkomaas
    Umkomaas Posts: 41,403 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 21 December 2014 at 5:15PM
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    You do need to understand what you need to in terms of the whole process.

    Have a look at this 'walk-through' of the process you now need to follow. It's a generic template, which avoids me having to type it out every time we have a 'newbie' query. Most of it will apply to you. Get back if you don't understand anything.

    A WALK THROUGH THE PROCESS

    Firstly, you don't have to pay the charge, it is not a fine, it is not a penalty, it is a speculative invoice from a Private Parking Company that has no statutory authority. However, you will need to go through a few hoops to get rid of it.

    The first thing you MUST do is to start to understand what all this stuff is about. The only way to do this is to spend a day or so reading this forum - the most recent threads, say from the past month.

    In England and Wales the advice to 'IGNORE' is now outdated. You must NEVER ignore a parking charge notice. You may receive a series of subsequent letters that will require no action, but you must give them your attention. Ignoring a Parking Charge Notice will bring you months of fun and games that I can assure you, you don't want to be dealing with.

    Retain all documentation relating to your PCN - this is important.

    In a nutshell this is the process you will need to follow.

    1. Read recent threads.

    2. If the parking incident was at a retail park/shop go back to the store the Parking Charge Notice relates to and see THE manager, complain about a genuine customer being harassed and ask that they cancel the ticket. Show him/her any receipts for the day in question. If they are unable to do this ask for the name and address of the MD/CEO, as you will now write to them (and DO it!).

    3. If it was a general car parking facility you need to find out who the landowner is (Google search) and send off a letter of complaint to them.

    4. < SNIP > in light of further experience since writing this Walk Through

    5. If 2 or 3 above don't work, then you're into the more formal stuff.

    6. If it was a windscreen ticket, do not contact the PPC at this point (unless they are one of the smaller ones, as per the NEWBIES FAQ sticky - if so follow advice there), you must wait for the 'Notice to Keeper' (NtK) to arrive. This should be no sooner than 28 days after the incident and no later than 56 days after it. Theses dates are very important, and you must retain all tickets and letters you receive.

    7. If it was an ANPR camera incident and the first correspondence you've received is the NtK, this needs to be received within 14 days of the incident; as above, dates very important, retain all paperwork.

    8. Once you receive the NtK the process below will need to be followed.

    9. Initial appeal to the PPC using the template in post #1 of the NEWBIES FAQ sticky, or draft your own based on that template. But very important if you're drafting your own, DO NOT indicate who the driver was, and don't drone on in it telling the 'story' of what happened - mitigation just does not work, (you'll understand more about this when you start reading the threads).

    10. After your appeal (the PPC has 35 days to deal with it), you should get a cancellation (highly unlikely) or the more likely rejection with a POPLA verification code. If you don't receive a POPLA code, then email a complaint to both the BPA and DVLA (email addies in post #6 of the NEWBIES FAQ sticky).

    11. Lots more reading about POPLA Appeals (read the 'sticky' at the top of the forum index 'POPLA Decisions', especially the last couple of months' reports of victories - it will give you a good idea of which points win at POPLA).

    12. Draft POPLA Appeal and let us see it for further advice before submission.

    13. Send to POPLA.

    14. Await POPLA (positive) result with PCN cancelled - we're running at almost a 100% success rate on the forum. A POPLA decision is binding on the PPC, but (in the event of an unlikely loss), not binding on you.
    Please confirm a couple of things (if they are not already contained in your opening post)

    a. Was the incident, and do you live, in England or Wales?
    b. Is the car a lease/hire or company vehicle (important as the process will be slightly different and you will need to act quickly)?
    c. Are you under 18?
    Now - final, but IMPORTANT points.

    * Never say who might or might not have been the driver on the day - there is no obligation on you to do so (some PPCs will ask you to name the driver/motorist before they can deal with your appeal - DO NOT comply with their wishes). In any correspondence with the PPC, always refer to the driver in the third person, never say 'I didn't see the signs' or 'my wife didn't see the signs', you say 'the driver didn't see the signs'.

    * Always be aware of any deadlines, PPCs impose them (most of these are challengeable), but if they are reasonable do keep to them. The important one is the POPLA deadline - strictly 28 days from the date the rejection letter containing the POPLA verification code is sent to you by the PPC. Miss it and you miss the one golden opportunity you have to totally kill this charge. I cannot stress that enough.

    CONTEXTUAL LINKS

    1. BPA Code of Practice
    http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2014_update_V5.pdf

    2. BPA Approved Operators
    http://www.britishparking.co.uk/Approved-Operators

    3. POPLA
    http://www.popla.org.uk

    Sorry this is a bit long, but it does more or less cover most bases.
    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 Street
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    First Post Combo Breaker
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    I don't know the area. Can you confirm that this is NOT a council owned car park managed by Excel?
  • JordyCart
    JordyCart Posts: 6 Forumite
    edited 5 November 2013 at 4:35PM
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    Thanks for the replies guys i must admit im a bit panicky about it this time. Yes the ticket is definitely from Excel parking ive just went back and someone had handed it in.

    I was parked in the blue lines next to where your supposed to park. This is why im thinking can i win? Because in theory they have photographic proof. Can i still win?

    I have a picture of the ticket but cannot post it. The ticket was in a note format on my window, it states the number of w/signs was 1.

    From what ive read i should wait to get a letter then appeal (While asking for the popla number) lose the appeal, then ... i write a letter guided by you guys to popla and in theory i should win?
  • Folkiedave
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    JordyCart wrote: »
    Thanks for the replies guys i must admit im a bit panicky about it this time. Yes the ticket is definitely from Excel parking ive just went back and someone had handed it in.

    I was parked in the blue lines next to where you're supposed to park. This is why im thinking can i win? Because in theory they have photographic proof. Can i still win?

    I have a picture of the ticket but cannot post it. The ticket was in a note format on my window, it states the number of w/signs was 1.

    From what ive read i should wait to get a letter then appeal (While asking for the popla number) lose the appeal, then ... i write a letter guided by you guys to popla and in theory i should win?

    You have it exactly. Wait for their letter correctly called a Notice to Keeper. It will give you all sorts of rubbish about having to name the motorist.

    That is rubbish.

    Write back and make a soft appeal. Use the words "the driver" i.e don't identify yourself as the driver by saying "i".

    Paragraphs 6 and 9 above.
  • JordyCart
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    Guys_Dad wrote: »
    I don't know the area. Can you confirm that this is NOT a council owned car park managed by Excel?

    This im not sure of. Do you mean the council own it and excel run it? As i would not know. I just know i had one here before and did not have to pay it. There is a few more threads about the same place. I cannot post links though
  • JordyCart
    JordyCart Posts: 6 Forumite
    edited 5 November 2013 at 5:08PM
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    Folkiedave wrote: »
    You have it exactly. Wait for their letter correctly called a Notice to Keeper. It will give you all sorts of rubbish about having to name the motorist.

    That is rubbish.

    Write back and make a soft appeal. Use the words "the driver" i.e don't identify yourself as the driver by saying "i".

    Paragraphs 6 and 9 above.
    Thank you i will keep this in mind when im writing the letter.

    Im wanting to take photos to help my case but im not sure what i should take photos of?

    In terms of getting in touch with mcdonalds + surrounding companies what should i say as i doubt i should say 'I parked in a spot i wasnt supposed to run in for 2 minutes'
  • JordyCart
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    Triple post... sorry just a very basic question do you/can you write to these companies online? i think you can with popla but excel?
  • Coupon-mad
    Coupon-mad Posts: 132,031 Forumite
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    You are NOT writing yet anyway, don't blow your cover as registered keeper. WAIT for the Notice to Keeper and it will tell you how the keeper can appeal.

    BTW Excel do NOT have any Council contracts AFAIK.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jaimeo
    jaimeo Posts: 94 Forumite
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    Hi I believe I have received a NtK >56 days after the "offence". I cannot find a piece of legislation to quote in a soft appeal to the PPC. Does anyone know why 56 days is quoted in the first post in this thread?

    Advice appreciated...

    Thanks
    Err, I'll get back to you about the funny signature
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