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First Parking PCN, What should my next step be?
PinkBeanbag
post Tue, 19 Jun 2018 - 19:02
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I recently got a parking charge notice at my university (11/05/18). The initial fee was £40 and after two weeks it goes up to £70.

I tried to pay online on the day, however it couldn't find the details of the charge, but as the slip said, wait 24 hours before. So I then tried again, 3 days later, on 14/05/18, I tried multiple times online, and also over the phone pay-line. Still it couldn't be found. I then left it. I was willing to pay, but it didn't let me, even after the given 24 hours..

Fast forward a month, and the company have sent a letter saying to pay the full amount of £70, and of course, the details now work online. I tried to appeal, saying I tried to pay the lesser fee but wasn't able, but I accidentally uploaded the incorrect screenshot instead of the one showing I tried to call the number. Therefore it was rejected and I have to pay £70, appeal via POPLA or they may send debt collectors.

Any advice would be greatly appreciated!
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post Tue, 19 Jun 2018 - 19:02
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Jlc
post Tue, 19 Jun 2018 - 19:34
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Did you reveal the driver?

Does the PCN state 'keeper liability' (protection of Freedoms Act)

What was the contravention?


--------------------
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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Dave65
post Tue, 19 Jun 2018 - 19:37
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Don't worry they cannot send Debt Collectors at this stage.
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PinkBeanbag
post Thu, 21 Jun 2018 - 13:56
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QUOTE (Jlc @ Tue, 19 Jun 2018 - 20:34) *
Did you reveal the driver?

Does the PCN state 'keeper liability' (protection of Freedoms Act)

What was the contravention?


I did, on the appeal it asked whether i was the driver,
Not that I can see, regarding keeper liability, but it does say as the driver at the time I was required to pay.
It was parking without a valid permit.
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ManxRed
post Thu, 21 Jun 2018 - 13:59
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Do you have (or can you get) a picture of the sign so we can see all the wording?

Parking without a permit sounds suspiciously like it might be a trespass issue rather than a contract issue (which could be in your favour).

This post has been edited by ManxRed: Thu, 21 Jun 2018 - 13:59


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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PinkBeanbag
post Fri, 22 Jun 2018 - 19:00
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QUOTE (ManxRed @ Thu, 21 Jun 2018 - 14:59) *
Do you have (or can you get) a picture of the sign so we can see all the wording?

Parking without a permit sounds suspiciously like it might be a trespass issue rather than a contract issue (which could be in your favour).


Hi there, this is the signage.
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Sheffield Dave
post Fri, 22 Jun 2018 - 21:01
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Was the driver a staff member who had been issued with an appropriate permit?. If not, then there appears to be no offer, and thus no contract, and thus no breach.
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SchoolRunMum
post Fri, 22 Jun 2018 - 23:33
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QUOTE
I tried to pay online on the day,

Why? What makes you think these private PCNs are to be paid - you are at University so please wise up about this sort of scam.

You mucked up by telling them who was driving, in your first appeal! Next time (and there will be a next time as PPC scams are so rife everywhere) appeal as registered keeper ONLY, as shown in the first post here:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

But as you are at POPLA stage, this time read the third post and put together the POPLA appeal templates and show us your draft.
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PinkBeanbag
post Mon, 25 Jun 2018 - 16:47
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QUOTE (Sheffield Dave @ Fri, 22 Jun 2018 - 22:01) *
Was the driver a staff member who had been issued with an appropriate permit?. If not, then there appears to be no offer, and thus no contract, and thus no breach.


Nope, I wasn't a staff member and had no permit. So, suggest to just ignore everything? Or follow through with POPLA?

QUOTE (SchoolRunMum @ Sat, 23 Jun 2018 - 00:33) *
QUOTE
I tried to pay online on the day,

Why? What makes you think these private PCNs are to be paid - you are at University so please wise up about this sort of scam.

You mucked up by telling them who was driving, in your first appeal! Next time (and there will be a next time as PPC scams are so rife everywhere) appeal as registered keeper ONLY, as shown in the first post here:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

But as you are at POPLA stage, this time read the third post and put together the POPLA appeal templates and show us your draft.


I really appreciate this, thank-you.
I understand that now! It seems a lot of them just talk about not saying who was driving as you said. So going through the appeal with POPLA, do you believe the signage being "small" would be the most effective way?
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nosferatu1001
post Wed, 27 Jun 2018 - 14:28
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Small signs plus...
It also doesn't offer anything to non permit holders, it restricts them in fact. As such a pcn for breach of terms of a contract that was not offered cannot be issued correctly
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PinkBeanbag
post Wed, 4 Jul 2018 - 11:17
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QUOTE (SchoolRunMum @ Sat, 23 Jun 2018 - 00:33) *
QUOTE
I tried to pay online on the day,

Why? What makes you think these private PCNs are to be paid - you are at University so please wise up about this sort of scam.

You mucked up by telling them who was driving, in your first appeal! Next time (and there will be a next time as PPC scams are so rife everywhere) appeal as registered keeper ONLY, as shown in the first post here:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

But as you are at POPLA stage, this time read the third post and put together the POPLA appeal templates and show us your draft.



So, I used the small signage template and just put the charge in there. Should this just be sent through POPLA now? Many thanks again for all the advice.
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Attached File  Popla_appeal_pdf.pdf ( 71.59K ) Number of downloads: 478
 
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SchoolRunMum
post Wed, 4 Jul 2018 - 15:23
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No, no-one uses only the signage template! On it's own and devoid of any signage photos, that says almost nothing to POPLA.

You can also use the usual one 'no landowner authority'.

And what about, as discussed before:

QUOTE
The driver is not a staff member and did not have a permit, therefore there appears to be no offer, and thus no contract, and thus no breach because the parking operator offered no consideration, nothing of value was on offer to a non staff member with that sign.
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PinkBeanbag
post Sun, 8 Jul 2018 - 14:44
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QUOTE (SchoolRunMum @ Wed, 4 Jul 2018 - 16:23) *
No, no-one uses only the signage template! On it's own and devoid of any signage photos, that says almost nothing to POPLA.

You can also use the usual one 'no landowner authority'.

And what about, as discussed before:

QUOTE
The driver is not a staff member and did not have a permit, therefore there appears to be no offer, and thus no contract, and thus no breach because the parking operator offered no consideration, nothing of value was on offer to a non staff member with that sign.



Thanks so much for this! I've added the picture of the signage, alongside the template for Landowner authority and the quote regarding non-staff members having no contract etc. Would this be sufficient?
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Attached File  popla_appeal.pdf ( 161.78K ) Number of downloads: 90
 
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SchoolRunMum
post Sun, 8 Jul 2018 - 20:09
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I guess so, seeing as you threw the winning point in the bin:

QUOTE
QUOTE
Did you reveal the driver?


I did, on the appeal it asked whether i was the driver,
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