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Parking eye - county court claim

135

Comments

  • E34M5
    E34M5 Posts: 20 Forumite
    edited 2 November 2013 at 2:47PM
    Yes thanks, I got proof of postage but lo and behold I spoke a couple of hours too early and received the letter now in my name in the afternoon post.
    This means that the process is reset, my wife is off the hook and I have to read about what to do next.
    BTW - My wife still wants me to pay the £50 early payment charge.

    Daisy - I have been on holiday for the past week and so didn't get around to the retailer, was waiting for he letter I now have. I will chase my wife into getting proof that she shopped there.

    Edit - She says that she bought a bunch of activity/sticker books but can not find the receipt and she paid in cash.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    First Anniversary Combo Breaker
    Okay, so this is your second bite at the cherry - don't waste it! You need to appeal to the PPC. Don't miss the deadline.

    You also need to complain to the retailer, it doesn't matter if you have no receipt, do it anyway.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Why throw money away when you can win this with our help , we are running at a 100% success rate at popla. Send a soft appeal in your wife's name on mitigation then wait for the rejection and come back here for help.

    2 emails and you save £50 , it's not difficult
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • E34M5
    E34M5 Posts: 20 Forumite
    I have just messaged them on Face Book with my sob story to see if modern social media can not solve this issue. Will let you know how it goes.
  • Umkomaas
    Umkomaas Posts: 41,323 Forumite
    First Anniversary Name Dropper First Post Photogenic
    E34M5 wrote: »
    I have just messaged them on Face Book with my sob story to see if modern social media can not solve this issue. Will let you know how it goes.

    You need to be getting your (wife's) soft appeal in without delay. And you need to get out of 'sob story' mode, it isn't going to help you when you get to POPLA.

    Start reading the POPLA Decisions sticky and learn about signage, genuine pre-estimate of loss, lack of proprietary interest in the land, no contract with landowner to pursue charges in their own name, etc. Here

    http://forums.moneysavingexpert.com/showthread.php?t=4488337

    Also have a read of this

    http://www.parkingcowboys.co.uk/popla/
    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
  • nigelbb
    nigelbb Posts: 3,789 Forumite
    First Anniversary Name Dropper First Post
    Stroma wrote: »
    Why throw money away when you can win this with our help , we are running at a 100% success rate at popla. Send a soft appeal in your wife's name on mitigation then wait for the rejection and come back here for help.

    2 emails and you save £50 , it's not difficult
    From reading this thread from the start the wife is the keeper & the clock has been reset by naming the husband as the driver. I am not sure that this is actually correct as the OP refers to his wife shopping at Home Bargains & not having receipts. Anyway let's not complicate matters by debating what actually happened. The OP needs to appeal as the driver on the usual points no contract with landowner, PE has no right to offer contract to motorist, charge is a penalty & not a genuine pre-estimate of loss, inadequate signage etc. If this appeal is rejected by PE then the same points will be successful in an appeal to POPLA.
  • E34M5
    E34M5 Posts: 20 Forumite
    Umkomaas wrote: »
    You need to be getting your (wife's) soft appeal in without delay. And you need to get out of 'sob story' mode, it isn't going to help you when you get to POPLA.

    Can I just get some clarification, I was the driver of my wife's car, they have issued me with the first Parking Charge Notice so shouldn't I be appealing in my name, my wife has nothing to do with it, other than to speed up her shopping in future.
  • Coupon-mad
    Coupon-mad Posts: 131,287 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Yep just do a simple and quick online appeal from the driver; done in minutes. nigelbb has told you what to say at this stage. It's all about getting a POPLA code so doesn't really matter what you say as long as you have appeal points - and you can say the passenger was shopping but only paid cash and did not keep any receipts.

    Complain by phoning up or popping into the Store; no need for receipts to complain as a customer. Only speak to the overall Store Manger, not a random employee.
    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
  • E34M5
    E34M5 Posts: 20 Forumite
    edited 12 November 2013 at 8:01PM
    Thanks everyone,

    Okay appeal filled in on their website, I will not share the details here for obvious reasons but I have to wait 10 days.
    I did make a point to ask that I be sent a POPLA code if my appeal was unsuccessful.

    I am still waiting to hear back from the HB Face Book message I sent yesterday (they did send me a mail to say they will get back to me in two working days) , I will post on their FB page on Monday directly if I do not hear back, just to let their 'fans' see what is happening to their customers.

    Is there a template for the POPLA appeal anywhere?
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Yes there are quite a few, but we will come to that if you need it. But take a look at the popla sticky thread so you get an idea what would be needed
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
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