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  • FIRST POST
    • justlaugh2
    • By justlaugh2 8th Nov 18, 8:12 PM
    • 244Posts
    • 74Thanks
    justlaugh2
    Appeal on a technicality?
    • #1
    • 8th Nov 18, 8:12 PM
    Appeal on a technicality? 8th Nov 18 at 8:12 PM
    Quick background
    Housing estate down our road has a local co op attached . There are signs apparently up on the buildings but not where anyone would see if they are just popping in the shop, all the residents park in the underground car park and only people popping into co op actually park in the bit by the shop.
    On this particular day 28th October, The car caught on camera being parked there for 5 minutes!
    The price for these 5 minutes of gay abandon is 100!

    The technicality would be that the notice states the contravention location is plough lane when in actual fact the road is called durnsford road. The co-op is even named as co-op durnsford road. The housing estate is a big one and does also cover plough lane but the co-op side is definitely durnsford road and access to this part is only accessed on durnsford road.
    Does anyone think this could be a valid technicality?
    I am most grateful for any advice
    Last edited by justlaugh2; 08-11-2018 at 9:07 PM. Reason: Too much information
Page 1
    • Umkomaas
    • By Umkomaas 8th Nov 18, 8:15 PM
    • 20,270 Posts
    • 32,000 Thanks
    Umkomaas
    • #2
    • 8th Nov 18, 8:15 PM
    • #2
    • 8th Nov 18, 8:15 PM
    Who's issued the charge?

    Any signs there? Get photos now (at the time of the alleged contravention - if dark, then without flash!). What do they say?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Redx
    • By Redx 8th Nov 18, 8:15 PM
    • 19,963 Posts
    • 25,267 Thanks
    Redx
    • #3
    • 8th Nov 18, 8:15 PM
    • #3
    • 8th Nov 18, 8:15 PM
    most appeals are won on a technicality, as are most court cases , so why limit youyrself to just one ?

    firstly , I would edit the post above if I were you and remove any hint of who was driving, use third party only, ie:- the DRIVER for what happened on the day and the KEEPER for anything since

    why blab about who did what on a public forum ?

    people who do that may as well just shoot themselves in the foot and hand out a blank cheque to the claimant
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • waamo
    • By waamo 8th Nov 18, 8:16 PM
    • 4,735 Posts
    • 6,113 Thanks
    waamo
    • #4
    • 8th Nov 18, 8:16 PM
    • #4
    • 8th Nov 18, 8:16 PM
    Why not read the thread at the top of this board that tells Newbies to read it first. The ready made templates and instructions are far more successful than doing your own thing.
    This space for hire.
    • Quentin
    • By Quentin 8th Nov 18, 8:16 PM
    • 37,946 Posts
    • 22,059 Thanks
    Quentin
    • #5
    • 8th Nov 18, 8:16 PM
    • #5
    • 8th Nov 18, 8:16 PM
    Everyone is politely asked to read up on this in the newbies FAQ thread near the top of the forum before starting a new thread

    Go there now to learn about the you are now caught up in and the correct way to appeal.

    Forget about the reduced amount. The idea is not to pay anything
    • pogofish
    • By pogofish 8th Nov 18, 8:17 PM
    • 9,106 Posts
    • 9,504 Thanks
    pogofish
    • #6
    • 8th Nov 18, 8:17 PM
    • #6
    • 8th Nov 18, 8:17 PM
    Don't waste your time with "technicalities" or facts about what happened - PPCs simply don't give a hoot and your appeal will almost invariably give-up info that could make your life more difficult down the line.

    Also don't get suckered-in by any discount period.

    Get stuck-in to the Newbies Sticky to see what does work for getting-shot of these guys.

    Also edit your post to remove all reference to who might have been driving, only work from the Keeper's POV from now-on

    And once you have done that, tell us what PPC it is - and if this is a POPLA or IAS company.
    • justlaugh2
    • By justlaugh2 8th Nov 18, 8:20 PM
    • 244 Posts
    • 74 Thanks
    justlaugh2
    • #7
    • 8th Nov 18, 8:20 PM
    • #7
    • 8th Nov 18, 8:20 PM
    Thank you, I have been reading through this thread for 2 hours and so far I can’t find any that mention the wrong road name, il keep looking maybe I missed it
    • Coupon-mad
    • By Coupon-mad 8th Nov 18, 8:22 PM
    • 64,068 Posts
    • 76,677 Thanks
    Coupon-mad
    • #8
    • 8th Nov 18, 8:22 PM
    • #8
    • 8th Nov 18, 8:22 PM
    Eh?

    TWO HOURS yet the second Q&A in the sticky thread right at the top, says:

    Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.

    A - NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME.
    Your case is not different, if course there's nothing about specific contraventions in the sticky advice (who cares)! Details do not matter!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Quentin
    • By Quentin 8th Nov 18, 8:23 PM
    • 37,946 Posts
    • 22,059 Thanks
    Quentin
    • #9
    • 8th Nov 18, 8:23 PM
    • #9
    • 8th Nov 18, 8:23 PM
    Thank you, I have been reading through this thread for 2 hours and so far I can’t find any that mention the wrong road name, il keep looking maybe I missed it
    Originally posted by justlaugh2

    Don't WASTE TIME LOOKING FOR THAT!


    Do as so many have advised


    Edit your post and read up the newbies faq
    • justlaugh2
    • By justlaugh2 8th Nov 18, 8:23 PM
    • 244 Posts
    • 74 Thanks
    justlaugh2
    Thank you,
    The company is called One Parking solution and they are registered with the British parking association.
    • Coupon-mad
    • By Coupon-mad 8th Nov 18, 8:24 PM
    • 64,068 Posts
    • 76,677 Thanks
    Coupon-mad
    LOL, easy to beat by the technicality described in the NEWBIES thread...by appealing using the template, as registered keeper (not saying who was driving).

    See, your case is not different. If you appealed saying 'I parked on x road, not y road' you'd blow it by admitting being the driver!

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • justlaugh2
    • By justlaugh2 8th Nov 18, 8:28 PM
    • 244 Posts
    • 74 Thanks
    justlaugh2
    Thank you for your reply
    • Redx
    • By Redx 8th Nov 18, 8:34 PM
    • 19,963 Posts
    • 25,267 Thanks
    Redx
    post #1 needs more editing, still too much info


    the DRIVER may often stop there , the DRIVER was caught on camera etc


    no "MY , ME , MYSELF & I" , capiche ?
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • justlaugh2
    • By justlaugh2 8th Nov 18, 8:49 PM
    • 244 Posts
    • 74 Thanks
    justlaugh2
    Ok so through the sarcasm I’ve garnered that I just edit the template and appeal. Il have another look and find out which one to send as it depends on which body they are registered and also on which day to do it as that also makes a difference!
    Thanks for all your help everyone!
    • Redx
    • By Redx 8th Nov 18, 8:53 PM
    • 19,963 Posts
    • 25,267 Thanks
    Redx
    you dont edit the template, you edit your first post and remove any hint of who was driving (shame I had to spell it out for you , thats all)

    blabbing costs money

    and there is only ONE template in post #1 of the NEWBIES FAQ sticky thread, written in blue text so nobody can mistake it for anything else

    that same template applies for ANY private parking appeal, from any registered company with the BPA or the IPC

    no other templates exist (apart from the ones for hire/lease/company vehicles), and you do not alter it at all , it is written to stop people saying I PARKED ON A PRIVATE CAR PARK & I DIDNT READ THE SIGNS etc

    if the PCN was a postal NTK then there is no reason to wait before appealing (that only applies to windscreen tickets)

    the "sarcasm" is there to make you wake up and smell the coffee , so at the moment you get a 2 from me so try and get a ten from Len before this is over

    good luck
    Last edited by Redx; 08-11-2018 at 9:20 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 8th Nov 18, 9:18 PM
    • 64,068 Posts
    • 76,677 Thanks
    Coupon-mad
    I’ve garnered that I just edit the template and appeal.
    No, it tells everyone not to edit it (unless you want to remove the bit about a wrong VRN, to make it less wordy).
    Il have another look and find out which one to send as it depends on which body they are registered
    No, apart from the hire/company car version lower down, there is only one appeal.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Redx
    • By Redx 8th Nov 18, 9:22 PM
    • 19,963 Posts
    • 25,267 Thanks
    Redx
    post #1 seems ok now


    so as for this 5 minutes, read clause #13 of the BPA CoP january 2018 edition and see what it says about "Grace Periods" , ask yourself is 5 minutes less than the 10 minutes grace allowed ? and that will be one of the popla appeal "technicalities" that will hold up better than any incorrect names
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • justlaugh2
    • By justlaugh2 8th Nov 18, 9:41 PM
    • 244 Posts
    • 74 Thanks
    justlaugh2
    Thank you both, didnt see the wood for the trees, too busy searching for specific terms and company names, great advice from you both and I shall get on it tomorrow.
    Thanks again ������
    • The Deep
    • By The Deep 9th Nov 18, 10:09 AM
    • 10,631 Posts
    • 10,465 Thanks
    The Deep
    241 is tantamount to fraud imo, a lot more than the law allows. The solicitors know this but hope to sucker you into paying.

    Even if they won their claim in court, which is unlikely, the most a judge is likely to award would be 175 - 200, the rest is think of a number money.

    I suggest that you complain to the regulatory body, the SRA about this demand for unlawful costs.

    http://www.sra.org.uk/home/home.page

    Also, complain to your MP

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

    Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

    and complain in the most robust terms to your MP. With a fair wind they will be out of business in the not too distant future.
    You never know how far you can go until you go too far.
    • Umkomaas
    • By Umkomaas 9th Nov 18, 10:34 AM
    • 20,270 Posts
    • 32,000 Thanks
    Umkomaas
    241 is tantamount to fraud imo, a lot more than the law allows. The solicitors know this but hope to sucker you into paying.

    Even if they won their claim in court, which is unlikely, the most a judge is likely to award would be 175 - 200, the rest is think of a number money.
    Originally posted by The Deep
    @TD - where has '241' or 'their claim in court' come from? This is at initial appeal stage.

    You're copying and pasting the wrong template soldier!
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
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