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Fine for parking in my own bay
stewiej16
post Sat, 13 Jan 2018 - 13:09
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Hi all,

First time poster and just want to say I love what you guys do and the free advice you give.

Now for my story.

I live in a group of 3 flats, lets call them Amazon, Google and Apple. We have a private car park as far as I know that is for Amazon and Google flats (I live in the Amazon flats).

I currently pay for parking bay 15 and over the past few months have had to complain due to one Mercedes (who doesn't have a spot) parking there. The reply I got was that all they can do is advise that if someone is checking the area then he would be ticketed. I haven't seen anyone come into that car park to check the area ever.

I left a note for the driver and he now parks in everyone else's spot instead.

I came down the other day to find a parking ticket on my car. I realised that you couldn't see my permit at all and was furious. I appealed immediately and let them know that I have a permit for that bay and sent them pictures with it both in the window and the ticket next to my permit.

They have since rejected this appeal with this reply.

"Thank you for your letter of appeal against the Parking Charge Notice issued under the terms of Schedule 4 of the Protection of Freedoms Act 2012.



There are Warning Signs situated on the site that state; Warning, Private Property, vehicles parked in this area must park within a correct marked bay and clearly display a valid PTL authorized permit in the windscreen. Failure to comply will result in the vehicle being issued with a Parking Charge Notice without any notice given. Having carefully considered the evidence provided by you and the Warden we have decided to reject your appeal for the reason below.



As the vehicle was not parked within a correct marked bay, displaying a valid PTL permit in the windscreen, (having checked photographs of when the vehicle was issued with the PCN), you can view the photographic evidence yourself online at www.payptl.co.uk ) as clearly stated on the warning signs, the vehicle was issued with a Parking Charge Notice.



We have considered your reason for appeal but unfortunately the warden must see the permit clearly displayed in the windscreen and the vehicle parked within a correct marked bay on the particular day when inspecting.



We are sorry, but we won’t be accepting your appeal on this occasion as the warden acted accordingly to the signage at the location.



We are not able to consider mitigating circumstances. That an appellant feels he or she had good reason for breaching the terms of parking is not a reason for which we can allow an appeal. When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park. It is the motorist’s responsibility to ensure that he or she abides by any clearly displayed conditions of parking that are clearly displayed on the signs.



Supreme Court of the United Kingdom – Landmark court decision

On the 4th November 2015, a landmark judgement was handed down in favour of a parking operator who took a motorist to court for non-payment of a parking charge. Further details on the case can be found here - https://www.supremecourt.uk/cases/docs/uksc...80-judgment.pdf ). This case was an important “test case” due to the complex legal arguments used by both sides. Therefore, falls outside “The Unfair Terms in Consumer Contracts Regulations 1999” and falls also outside Genuine Pre-Estimate of Loss.



The responsibility to observe and obey parking restrictions is yours and as we operated correctly in this

Instance due to the vehicle being incorrectly parked we will not be accepting your appeal, on this occasion.









You have now reached the end of our internal appeals procedure.



Due to above you appeal is refused, you now have the following options:



1 Pay the PCN at the prevailing price of £60 within 14 days of above date. Please note that after this time the discounted rate will no longer apply, and the Parking Charge Notice will rise to £100.



2 Make an appeal to POPLA-Independent Appeals Service within 28 days by visiting www.popla.co.uk and completing the appeal form online quoting POPLA appeal reference 5960118550. If you prefer to complete your appeal in writing, please contact Parking Ticketing Ltd on 01293 605 915 to request the POPLA appeal forms.





3 Please be advised that if you opt for independent arbitration of your case, the ability to pay the parking charge at the reduced rate of £60 will be at an end, the full charge of £100.00 will be payable should your appeal be unsuccessful. If you opt to pay the parking charge you will be unable to appeal to POPLA. Please visit www.ptlappeals.co.uk/refused-appeals to view other motorists appeals to POPLA against ourselves, that were refused for various appeal reasons, meaning the discounted rate of £60 no longer applied and the PCN was at the original full cost of £100.



4 If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures which will lead to costs being added to the original charge of £100 and we may proceed with Court action against you. Please visit www.ptlappeals.co.uk/county-court to view County Court Judgments where we have been successful in obtaining judgment for non-payment of the PCN costing the defendant at least 3 times the original amount of the original £60 PCN. We do not enter multiple appeals.





Yours sincerely





Appeals Dept.



Pay On-line: www.payptl.co.uk Phone Pay: 0844 848 0814"


Do I have any case at all? I'm just so frustrated that I park there legally and not only did they say they couldn't see my permit but that I was parked in an incorrect bay (which I wasn't). However, that bloody Merc never gets a ticket despite parking in other people's bays with no permit! Also, on the grainy pictures they showed me, they state that I was parked in Google car park, when that car park is both Google and Amazon.

Thank you in advanced and I hope you are all enjoying your weekends!

This post has been edited by stewiej16: Sat, 13 Jan 2018 - 13:22
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post Sat, 13 Jan 2018 - 13:09
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KH_
post Wed, 14 Mar 2018 - 17:24
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QUOTE (stewiej16 @ Tue, 13 Mar 2018 - 12:38) *
I've attached the new letter. Worrying that I'm going to end up with a big fine but I'll continue to follow the advice, file and ignore.

Again thanks for the help, everyone!


Its a little disingenuous of them to put notice of intended court action and then in the paragraph underneath say they will advise their client with a recommendation that they instigate proceedings.
Just another scare letter that one.

As per normal, if they recommend their client takes action, they get nothing and they can't bring court proceedings.
They just want you to pay up so they get their cut BEFORE it goes to court.
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stewiej16
post Tue, 27 Mar 2018 - 18:11
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New letter arrived today, which I've attached.

I'll file and ignore as previous but thought I'd post it in case there's anything I need to take action with?

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Jlc
post Tue, 27 Mar 2018 - 18:33
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Man, you've hit the jackpot there. What a fantastic offer! (not)


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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nosferatu1001
post Wed, 28 Mar 2018 - 06:19
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Its a debt collector letter. Even more, its DRP. The consistent adice is to file but ignore.
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stewiej16
post Wed, 11 Apr 2018 - 19:12
Post #25


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Another letter warning refererral to legal action.

Filing away and ignoring as usual, just keeping a sort of online diary of them here for any comments and suggestions in case I miss something.

Appreciate everyone's help as always

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ostell
post Wed, 11 Apr 2018 - 20:26
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So this is a letter from a solicitor (you missed the heading) but it's asking you to pay DRP. It's actually a letter from DRP pretending to be a solicitor
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The Rookie
post Thu, 12 Apr 2018 - 03:37
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QUOTE (ostell @ Wed, 11 Apr 2018 - 21:26) *
So this is a letter from a solicitor (you missed the heading) but it's asking you to pay DRP. It's actually a letter from DRP pretending to be a solicitor

Just to clarify, they do this with the solicitors full knowledge/agreement.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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stewiej16
post Sat, 5 May 2018 - 19:01
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So I've had a new letter, looks like they've passed it to another company

What are my next steps now? Is this part of the usual process?

Also, I blocked it out (stupid editing tools on the phone) but they are still listimf the wrong flat name as my address. The one they are listing is the flats joined onto ours.

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Redivi
post Sat, 5 May 2018 - 20:11
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So I've had a new letter, looks like they've passed it to another company

No they haven't

If you look at the small grey print in the bottom corner of the letter, it will say that Zenith Collections is a trading name of Debt Recovery Plus
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