First Parking PCN, What should my next step be? |
First Parking PCN, What should my next step be? |
Tue, 19 Jun 2018 - 19:02
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#1
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New Member Group: Members Posts: 6 Joined: 19 Jun 2018 Member No.: 98,511 |
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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Tue, 19 Jun 2018 - 19:02
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Tue, 19 Jun 2018 - 19:34
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#2
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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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Tue, 19 Jun 2018 - 19:37
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#3
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Member Group: Members Posts: 1,887 Joined: 16 Jul 2015 Member No.: 78,368 |
Don't worry they cannot send Debt Collectors at this stage.
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Thu, 21 Jun 2018 - 13:56
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#4
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New Member Group: Members Posts: 6 Joined: 19 Jun 2018 Member No.: 98,511 |
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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Thu, 21 Jun 2018 - 13:59
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#5
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
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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Fri, 22 Jun 2018 - 19:00
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#6
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New Member Group: Members Posts: 6 Joined: 19 Jun 2018 Member No.: 98,511 |
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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Fri, 22 Jun 2018 - 21:01
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#7
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Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
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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Fri, 22 Jun 2018 - 23:33
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#8
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
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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Mon, 25 Jun 2018 - 16:47
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#9
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New Member Group: Members Posts: 6 Joined: 19 Jun 2018 Member No.: 98,511 |
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 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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Wed, 27 Jun 2018 - 14:28
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#10
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
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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Wed, 4 Jul 2018 - 11:17
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#11
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New Member Group: Members Posts: 6 Joined: 19 Jun 2018 Member No.: 98,511 |
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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Wed, 4 Jul 2018 - 15:23
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#12
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
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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Sun, 8 Jul 2018 - 14:44
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#13
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New Member Group: Members Posts: 6 Joined: 19 Jun 2018 Member No.: 98,511 |
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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Sun, 8 Jul 2018 - 20:09
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#14
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
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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