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FightBack Forums > Queries > Private Parking Tickets & Clamping
Finsmam
Hi anyone and all,

I have received a parking eye ticket for an overstay of 14 minutes in a retail car park. I met a friend, had lunch in said shop, perused the clothes in said shop and bought groceries to the value of £24 in said shop all the while not even realising there was an 'eye' in operation!!, grrrrrrrrr.

I am a little overwhelmed with the information I have read and hope that some of you may be able to guide me?!

I have obtained a letter from the manager of the shop stating I am a loyal customer entering the shop at..and leaving after.... Corroborating the 3hours 14 mins which I did honestly spend there!!! (It was a long lunch!)

My questions are:
1) Do I send an appeal letter stating I was a genuine customer that day (instead of a fake one?!!... Sorry but you know what I mean)
Enclosing the following information.........
2) I do not have a receipt for the coffee shop/lunch as I paid with cash to the value of £15ish
3) I bought food paid for with my debit card but did not keep the receipt but do have a bank statement although the the date the charge was applied to my account is the day after but clearly states the location of the store.
3) the letter the manager has written for me has stated my full name in the letter....would this be a problem in the long term?

OR

Do I send a rejection letter requesting a popla reference?

I'm a little overwhelmed with which direction to go.

Thank you in advance
Gan
Keep it simple

Dear Sir

Ref *****

I am challenging this notice for the following reasons

The driver did not see the signs and made no contract with your company
The amount is not a genuine pre-estimate of a loss to your company in a free car park

Cancel the notice or send me the validation code to refer it to POPLA

I am fully aware of the BPA instructions that I may challenge the notice as keeper and that you may not demand that I disclose the driver as a condition to receive the code

If you refuse, I will report the breach of the code of practice to DVLA

Yours Faithfully
Spenny
The principle advice here and at MoneySavingExpert work on is that however valid your appeal, the parking company will reject it but they must give you a POPLA code. You then get hold of one of the standard versions of a letter which tells them you are not going to pay because the charge is not a genuine pre-estimate of loss and a few other technicalities. The letter above is good enough for a first appeal - don't put effort in. It is useful not to name he driver for various technical legally thingies.

At the same time, go back to the stores and ask them to cancel the ticket. At some site they have a genuine customer agreement and can get rid of the ticket without the POPLA nonsense.

Importantly, do exactly as advised here or at MSE, expecting common sense and decency costs money!
Finsmam
Thanks so much for your replies Gan and Spenny,

Re the store it is marks and Spencer's on a retail site and they have no power over cancellation of tickets hence the manger writing an endorsement for me today and a discussion that I was actually shopping in his store. I would have to research who owns the land and try to locate an address..

Gan.....do I send in the evidence re bank statement and managers letter along with your lovely template or leave it until i recieve something else?

Debbie
farmerboy
Your arguments amount to mitigating circumstances and they will reject. If the stores cant cancel the PCN then youve breached the terms and conditions and you must pay the PCN. At this stage you just
need the PoPLA code so use Gans template to extract the code out of them and then appeal using the winning arguments- lack of contract and Genuine pre estimate of loss flowing from the breach of the contract. However parallel to this you should definatly try and locate the landowner and get them to cancel. The letter from the manager could possibly prove useful here + your bank receipts.
andy_foster
QUOTE (farmerboy @ Mon, 31 Mar 2014 - 20:34) *
If the stores cant cancel the PCN then youve breached the terms and conditions and you must pay the PCN.


Drugs are bad, m'kay?
farmerboy
QUOTE (andy_foster @ Mon, 31 Mar 2014 - 20:50) *
QUOTE (farmerboy @ Mon, 31 Mar 2014 - 20:34) *
If the stores cant cancel the PCN then youve breached the terms and conditions and you must pay the PCN.


Drugs are bad, m'kay?


Allow me to rephrase as I see it comes across badly . If you've breached the terms and conditions and the stores cant cancel the PCN then in their eyes youre liable for the charge and must pay. I haven't even
indulged yet tonight!!! laugh.gif
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