Private Parking Charge Notices [PCN] - Megathread - ALL questions in here

[jasd75]

Me four.

 

I have basically given up on this area of the forum because the advice of "ignore" no longer applies and hasn't done since October 2012 when the law changed. It has taken the Private Parking Companies a while to get up to speed and some are now processing hundreds of court cases a week.

 

But still such advice keeps being given. BBC Watchdog is well out of date.

 

The way to deal with this now is:

 

At all times not say who was driving.

 

1. Wait for the Notice to Keeper. This should arrive AFTER 28 days in the case of a ticket placed on the screen and BEFORE 14 days if it was a camera (ANPR camera)

 

2. Make a "soft appeal" to the parking company make it clear that is an appeal and make it clear you want a POPLA code.

 

3. When you get the POPLA code make your "hard appeal" to POPLA.

 

If you do this correctly you will win.

 

Details of winning appeals are on various websites http://www.pepipoo.co.uk is one. Good details can also be found on http://www.parkingcowboys.co.uk.

 

Many people are scared by the issue of court papers - especially since many believe they will have to go to Northampton (where bulk claims are issued). Best to stop things before then.

 

But the advantage of the POPLA route is that it costs the Private Parking Company £27.00 +VAT and the British Parking Association Ltd another wodge of money (also from the PPC) to do this. The result is binding on the PPC if you win and not binding on the motorist if you lose. Personally I like to cost them real money and not just a few pence in stamps.

 

If you are at the Letter Before Action (or Letter Before Claim, or Letter Before County Court Claim) stage then deal with it as instructed here:

 

http://forums.moneysavingexpert.com/showthread.php?p=62445019#post62445019

(This written by a retired solicitor)

 

I believe this can be used - even if you have received court papers - not sure on that one.

 

Perhaps Moosey would be kind enough to say.

 

Yes, this is the new "default" process to follow. As already mentioned, this actually costs them money...

[Walkley Dave]

Briefly POPLA will not deal with you if you have not appealed to the Private Parking Company first.

 

You make a "soft appeal" so they will issue a POPLA number and form. This could be something like "I believe the charge is a penalty and not enforceable; the signage did not make it clear it was a Pay and Display Car Park".

 

Example - plenty on the Internet.

''Dear Sirs

 

I am writing to you regarding parking charge xxxxxxxxxxx issued to vehicle xxxx xxx on xx/xx/2013, your charge is punitive and unenforceable. I require you to either cancel the charge forthwith or provide me with a popla code so that I can refer the matter to popla.

 

Yours faithfully''

 

For the "hard appeal" to POPLA there seem to be two killer points:

 

1. To produce the contract that allows them to do this (not just a signed witness statement).

2. The charge is not a genuine pre-estimate of their loss. The loss must ONLY apply to this ticket - back office costs, cost of erecting signage; cost of cameras are costs to the business - NOT to the particular breach.

 

But there are others and plenty on the internet.

 

Whatever you do - do not offer mitigating cicrumstances. (My daughter's car broke down and I came to help her) POPLA do not do mitigating circumstances.

 

---------- Post added 18-09-2013 at 16:07 ----------

 

Ive just read the section on Moneysavingexpert, the advice given (unless Ive read it wrong) is that you have to acknowledge an LBA within 14 days of receiving it. I got mine (and ignored it) much longer ago than that.

 

Does anybody actually KNOW what I should do now??

 

I suggest you telephone the court.

 

If you have not had proceedings issued then I am fairly sure you can start from the MSE advice on Letter Before Action. Ask the court.

 

However if you have not acknowledged who the driver is and you are being pursued as the Registered Keeper write to the PPC and name the driver. This resets the clock and you can go down the POPLA route as the driver.

[swfc9696]

I'll send you a message at lunch.

 

 

Posted from Sheffieldforum.co.uk App for Android

 

nothing come yet pal

[geared]

Do what Walkley Dave has said, thats the best info.

[swfc9696]

Do what Walkley Dave has said, thats the best info.

 

i am further down the line than what to do at the beginning

mine is now on to a court summons

court replied back today to say they will forward my defence letter on to parkingeye to see to proceed or not

 

---------- Post added 19-09-2013 at 19:10 ----------

 

Me three.

 

My words were, if I recall, that the law doesn't give, give, give. It gives and takes.

 

We were given no clamping or towing, which is great, but now we've seen a Court of Appeal judgment goes in favour of a parking company, setting precedent, I think the days of "ignore" are long gone.

still waiting for pm pal

[barts96]

still no more info ?

just go online

[carosio]

Can anyone clarify the distinction between "parking related charges" and "contractual charge"?

[Miyk]

OP - I remember seeing a BBC show on the matter and they claimed you don't have to pay. Cant recall exactly why tho.

[alchresearch]

Watchdog always seem to come down on the side of the motorist, and the story usually features someone who has some excuse or another for not bothering to see or read the signs!

[geared]

It is hard to take the side of the parking company.

Who do not own the land and charge upwards of 50 quid for overstaying in a free carpark.