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Asda Town and City Parking
nellyb
post Fri, 19 Oct 2012 - 15:19
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Hi all.

I'm just after a bit of clarification on a ticket I received through the post today for parking at my local Asda.

I've read the sticky and am still not clear and have read another thread about Asda/TCP but my circumstances are a little different.

Anyway, received letter today for an alleged contravention on 5/10/12 and it appears this was picked up by anpr camera where my car apparently overstayed it's welcome by several hours.

I was the driver and am also the registered keeper.

Am I right in thinking that the advice is to appeal this ticket to the ppc themselves first and when they reject that appeal, appeal to POPLA (as this costs the ppc £30) and then just ignore any further correspondence and they will go away???

If this is the case, can anyone give me a rough template for what I should be saying in my appeal?

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post Fri, 19 Oct 2012 - 15:19
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ManxRed
post Fri, 19 Oct 2012 - 15:32
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You can also choose to ignore it if you are not confident about engaging the PPC in an appeal.

We don't do templated letters, every case is slightly different although the overall message remains the same. The landowner is entitled to the financial losses incurred, and the parking company is entitled to nothing (unless they are the landowner, which is extremely rare).

In this case the losses are zero anyway, so you owe neither the landowner nor TCP anything at all.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Jlc
post Fri, 19 Oct 2012 - 15:41
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There's always a chance they'll try court but it's extremely unlikely. Even more unlikely is you losing with a proper defence.

However, the POPLA route does have some poetic justice (£27) but just as long as you are sure of all potential avenues. (The PPC might feel more likely to try court with a POPLA decision behind them but this whole process is still embryonic)


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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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Basfordlad
post Fri, 19 Oct 2012 - 16:29
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Why is ur case any different?
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Lynnzer
post Fri, 19 Oct 2012 - 17:39
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QUOTE (Basfordlad @ Fri, 19 Oct 2012 - 17:29) *
Why is ur case any different?

There's no difference to the numerous cases we see on here but if the OP is up for it I would certainly like to see him go through the appeals services.
Just knock up an appeal to the PPC and start things rolling.
There's only one thing you need to be aware of and that's that the points of appeal to POPLA are very limited. If you can't present them with an appeal based on their acceptance criteria you may as well not bother. Think up an appeal point and chuck it back to us to see what we think.

The whole point of us on here making an appeal is to test the system for weaknesses so an ill considered appeal won't be particularly helpful.


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The Asda shopping trolley parking ticket enthusiast
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nellyb
post Sun, 21 Oct 2012 - 19:20
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thanks for the replies so far guys.

So, if I'm reading this right whether I ignore them all the way or tell them I was the driver (as well as registered keeper) makes no difference to the strength of their case as they are still unlikely to take this matter to court. If I do tell them though I will have to go through the appeals process which would cost them money but popla do not enforce these charges, the ppc would still have to pursue this through the county court.

Having looked on the popla website the following appear to be the grounds to appeal:-

The vehicle was not improperly parked;
The vehicle was stolen;
The parking charge (ticket) exceeded the appropriate amount;
I am not liable for the parking charge.

So, I guess I would have to appeal on either of the last two grounds that either the charge was excessive or I am not liable for the parking charge. I would probably favour the latter grounds for appeal on the basis that no contract had been formed with the operator or Asda. Does this sound reasonable??

I assume if this ever did make it to court there would be many other reasons why the ppc wouldn't succeed as highlighted by some of the precedents shown in the sticky.

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prosnap
post Sun, 21 Oct 2012 - 19:27
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Out of the 1.8 million private parking invoices issued last year only 49 were heard before a court and the parking companies lost half of those.


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The word "gullible" isn't in the dictionary
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SchoolRunMum
post Sun, 21 Oct 2012 - 22:51
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QUOTE (nellyb @ Sun, 21 Oct 2012 - 20:20) *
thanks for the replies so far guys.

So, if I'm reading this right whether I ignore them all the way or tell them I was the driver (as well as registered keeper) makes no difference to the strength of their case as they are still unlikely to take this matter to court. If I do tell them though I will have to go through the appeals process which would cost them money but popla do not enforce these charges, the ppc would still have to pursue this through the county court.

Having looked on the popla website the following appear to be the grounds to appeal:-

The vehicle was not improperly parked;
The vehicle was stolen;
The parking charge (ticket) exceeded the appropriate amount;
I am not liable for the parking charge.

So, I guess I would have to appeal on either of the last two grounds that either the charge was excessive or I am not liable for the parking charge. I would probably favour the latter grounds for appeal on the basis that no contract had been formed with the operator or Asda. Does this sound reasonable??

I assume if this ever did make it to court there would be many other reasons why the ppc wouldn't succeed as highlighted by some of the precedents shown in the sticky.




You have basically summarised the whole position re POPLA, and any unlikely Court case, very well. For an overstay of several hours I wouldn't suggest you raise your head above the imaginary parapet at all; I would ignore the whole thing and play snap against this thread with all the junk mail:

http://forums.moneysavingexpert.com/showthread.php?t=2329119

If you get differently-worded letters then please show pics of them as MSE are in the process of updating the letter chains sticky info, post 1st October.



HTH
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