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Warrior654
Posted on: Tue, 19 Dec 2017 - 19:10


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Member No.: 76,286


QUOTE (Jlc @ Mon, 18 Dec 2017 - 20:44) *
They WILL reject any appeal - which is why you have to work above their heads.

PCM are quite litigious so it's all about preventing that or preparing for it.



So if that is the case what is the best course of action to take?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1340955 · Replies: 5 · Views: 1,999

Warrior654
Posted on: Mon, 18 Dec 2017 - 20:24


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Joined: 15 Mar 2015
Member No.: 76,286


QUOTE (Jlc @ Mon, 18 Dec 2017 - 20:17) *
They are members of the IPC and not BPA - so no POPLA.

Genuine Pre-estimate of loss is mostly buried.

It seems like the security guard gave you permission and this overrides the signs. (Promissory Estoppel)

If they get wind you were the driver then they will refuse any appeal as they'll state they had time to appeal prior to the NtK being issued.

Best to see if the contractor/management company will intervene.



I have spoken with the liaison officer who said she emailed the management company, however after receiving this today I'm going to assume they took no notice of her email.

Would it be better to then to appeal based on the security guard?

  Forum: Private Parking Tickets & Clamping · Post Preview: #1340685 · Replies: 5 · Views: 1,999

Warrior654
Posted on: Mon, 18 Dec 2017 - 20:12


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Group: Members
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Joined: 15 Mar 2015
Member No.: 76,286


Its been a few years since I've had a parking ticket, however today I have received a NTK letter, I have read through the forums and I am lead to believe that a the law has now changed. As I've not found a answer online yet which is 100% clear I thought I would post and hopefully I would get a response.

A few years ago I got a NTK from wing parking and followed the suggestions on the forums and I am pleased to say that after my letter I sent I haven't heard anything back.
http://forums.pepipoo.com/index.php?showtopic=97626&hl=

I'm hoping by posting this here I get the same results.

Basically, I have been doing some works to a block of flats for the past 18 months, they have an underground carpark and the security guard has always told us to park underneath there, however he is employed by the main contractor who is doing the building work and not the management company who run the flats.
I have parked in the same spot for the last year, however I only visit site once a week for a few hours at a time and these time differ. I returned back to my car the other day to find a parking ticket, As I have been here before I have waited for the NTK to arrive before I posted.

I have noticed on the back that I can appeal online so I intend to do so and state:


"Dear Parking Control Management (UK0 Ltd

I am appealing as keeper of the vehicle on the ground your charge is not a genuine pre-estimate of loss. Please cancel the charge or send a POPLA code within 35 days.

Yours, keeper"

I hoping that the above is the correct action to take, however if not I would appreciate any help/ advice you could give.

Thanking you all in advance.



  Forum: Private Parking Tickets & Clamping · Post Preview: #1340676 · Replies: 5 · Views: 1,999

Warrior654
Posted on: Sat, 9 May 2015 - 08:25


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Group: Members
Posts: 11
Joined: 15 Mar 2015
Member No.: 76,286


So I have sent the following:

Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is extravagant and unconscionable when compared to local parking charges issued by the Council so cannot be justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is to deter.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

Your clients should be thoroughly ashamed of the shoddy way you treat consumers visiting their premises. Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. The public have no faith in the private parking industry and, as far as I have seen, your firm has not shown itself to be any different than the ex-clampers with whom you share a membership.

The purpose of this communication is:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for responding to your junk mail dressed up to impersonate a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. Following the EU Consumer Rights Directive, express consent must be obtained for consumer contracts now - not implied consent. You have failed to meet these requirements and you did not serve the driver with the terms by durable medium.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully,


  Forum: Private Parking Tickets & Clamping · Post Preview: #1074210 · Replies: 25 · Views: 3,531

Warrior654
Posted on: Mon, 4 May 2015 - 05:54


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Group: Members
Posts: 11
Joined: 15 Mar 2015
Member No.: 76,286


QUOTE (emanresu @ Sun, 3 May 2015 - 06:45) *
Do you have a permit?



Yes I have a valid permit
  Forum: Private Parking Tickets & Clamping · Post Preview: #1072737 · Replies: 25 · Views: 3,531

Warrior654
Posted on: Sun, 3 May 2015 - 17:16


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Group: Members
Posts: 11
Joined: 15 Mar 2015
Member No.: 76,286






Please find attached ntk

QUOTE (freddy1 @ Sun, 3 May 2015 - 09:18) *
is your NTK from PCS ,

there is a fundamental flaw on there appeal site



yes it is from PCS
  Forum: Private Parking Tickets & Clamping · Post Preview: #1072598 · Replies: 25 · Views: 3,531

Warrior654
Posted on: Sun, 3 May 2015 - 06:52


Member


Group: Members
Posts: 11
Joined: 15 Mar 2015
Member No.: 76,286


QUOTE (emanresu @ Sun, 3 May 2015 - 06:45) *
Unless you are happy to be identified then take that pic down.



Have removed pics, will edit and re post later today
  Forum: Private Parking Tickets & Clamping · Post Preview: #1072426 · Replies: 25 · Views: 3,531

Warrior654
Posted on: Sun, 3 May 2015 - 05:38


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Group: Members
Posts: 11
Joined: 15 Mar 2015
Member No.: 76,286


Well, arrived home this week to find the notice to keeper has been delivered, please see below.

I intend to appeal online and state :

"Dear Wing Parking

I am appealing as keeper of the vehicle on the ground your charge is not a genuine pre-estimate of loss. Please cancel the charge or send a POPLA code within 35 days.

Yours, keeper"


However I have noticed that on the ticket and the nTk letter the charge has now risen from £100 to £120.

Any advise on the above would be greatly appreciated.




Thanks
  Forum: Private Parking Tickets & Clamping · Post Preview: #1072424 · Replies: 25 · Views: 3,531

Warrior654
Posted on: Tue, 24 Mar 2015 - 12:33


Member


Group: Members
Posts: 11
Joined: 15 Mar 2015
Member No.: 76,286


Thanks for all the advise, still awaiting NtK, once that arrives I'll post it and go from there.


  Forum: Private Parking Tickets & Clamping · Post Preview: #1061001 · Replies: 25 · Views: 3,531

Warrior654
Posted on: Sun, 15 Mar 2015 - 12:35


Member


Group: Members
Posts: 11
Joined: 15 Mar 2015
Member No.: 76,286


Thanks for the advice. I'll await the ntk.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1058187 · Replies: 25 · Views: 3,531

Warrior654
Posted on: Sun, 15 Mar 2015 - 09:56


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Group: Members
Posts: 11
Joined: 15 Mar 2015
Member No.: 76,286


All,

On Monday I returned to my car to find a parking ticket! angry.gif

So Monday night I went to the councils website to pay, only to find that the ref. number wasn't found. I then read the reverse of the ticket to find that payment were to be made to a company called ' Wing Parking Ltd'
I then Google searched 'Wing Parking' and came across this website and others saying that I didn't need to pay the ticket laugh.gif - after being up for 20hrs on only 4 hours sleep this came to be a somewhat pleasant surprise.

I have since searched through the pages on here and come across 2 people who have had parking tickets issued to the by wing and have subsequently had them cancelled as a matter of goodwill:
http://forums.pepipoo.com/index.php?showtopic=90334&st=0
http://forums.pepipoo.com/index.php?showtopic=92040

I intend to follow these examples but would appreciated any comments/advise anyone could give. At this moment in time I am waiting for the 'Notice of Keeper' letter to arrive.

However if there is something I should be doing in the meantime any advise would be great.

Thanks



  Forum: Private Parking Tickets & Clamping · Post Preview: #1058141 · Replies: 25 · Views: 3,531


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