carosio Posted October 31, 2013 Share Posted October 31, 2013 (edited) i know what your saying, i really do, i reaaly want to ignore it but am very confused right now Well, you have nearly a month (28 days) to respond if you wish to follow the guidelines. First check the notice to see if every detail is correct. Meanwhile, you could draft a simple appeal as in post 726, this will at least delay things so you can have further thought. Meanwhile, you can always complain to the landowner to get the charge cancelled, as many do. Edited October 31, 2013 by carosio Link to comment Share on other sites More sharing options...
Walkley Dave Posted October 31, 2013 Share Posted October 31, 2013 you could go on http://www.moneysavingexpert.com/forum you will get some good advice on there No, everyone is not telling you to ignore. I'm not telling you to ignore. A WALK THROUGH THE PROCESS Firstly, you don't have to pay the charge, it is not a fine, it is not a penalty, it is a speculative invoice from a Private Parking Company that has no statutory authority. However, you will need to go through a few hoops to get rid of it. The first thing you MUST do is to start to understand what all this stuff is about. The only way to do this is to spend a day or so reading this forum - the most recent threads, say from the past month. If you see the advice 'IGNORE' you MUST ignore it. Ignoring a Parking Charge Notice will bring you months of fun and games that I can assure you, you don't want to be dealing with. In a nutshell this is the process you will need to follow. 1. Read recent threads. 2. If the parking incident was at a retail park/shop go back to the store the Parking Charge Notice relates to and see THE manager, complain about a genuine customer being harassed and ask that they cancel the ticket. Show him/her any receipts for the day in question. If they are unable to do this ask for the name and address of the MD/CEO, as you will now write to them (and DO it!). 3. If it was a general car parking facility you need to find out who the landowner is (Google search) and send off a letter of complaint to them. 4. If you have receipts for the day (or bank/credit card statements) proving purchases, send (redacted) copies of them to PPC with covering letter stating you were a customer on the day, and shopping at their principal's establishment was the only cause of any overstay. 5. If 2, 3 or 4 above don't work, then you're into the more formal stuff. 6. If it was a windscreen ticket, do not contact the PPC at this point, you must wait for the 'Notice to Keeper' (NtK) to arrive. This should be no sooner than 28 days after the incident and no later than 56 days after it. Theses dates are very important, and you must retain all tickets and letters you receive. 7. If it was an ANPR camera incident and the first correspondence you've received is the NtK, this needs to be received within 14 days of the incident; as above, dates very important, retain all paperwork. 8. Once you receive the NtK the process below will need to be followed. 9. Soft appeal to the PPC (you'll understand this when you start reading the threads). 10. Likely rejection, so in your soft appeal you ask that a POPLA code be given to you if your soft appeal is rejected. 11. Lots more reading about POPLA Appeals (read the 'sticky' at the top of the forum index 'POPLA Decision', especially the last couple of months' reports of victories - it will give you a good idea of which points win at POPLA). 12. Draft POPLA Appeal and let us see it for further advice before submission. 13. Send to POPLA. 14. Await POPLA (positive) result with PCN cancelled - we're running at 100% success rate on the forum. A POPLA decision is binding on the PPC, but (in the event of an unlikely loss), not binding on you. ------------------------------------------------------------- Please confirm a couple of things (if they are not already contained in your opening post) a. Was the incident, and do you live, in England or Wales? b. Is the car a lease/hire or company vehicle (important as the process will be slightly different and you will need to act quickly)? c. Are you under 18? ------------------------------------------------------------- Now - final, but IMPORTANT points. * Never say who might or might not have been the driver on the day - there is no obligation on you to do so (some PPCs will ask you to name the driver/motorist before they can deal with your appeal - DO NOT comply with their wishes). In any correspondence with the PPC, always refer to the driver in the third person, never say 'I didn't see the signs' or 'my wife didn't see the signs', you say 'the driver didn't see the signs'. * Always be aware of any deadlines, PPCs impose them (but most of these are challengeable), but if they are reasonable do keep to them. The important one is the POPLA deadline - strictly 28 days from the date the rejection letter containing the POPLA verification code is sent to you by the PPC. Miss it and you miss the one golden opportunity you have to totally kill this charge. I cannot stress that enough. The great thing about this method is that it costs them money. Link to comment Share on other sites More sharing options...
barleycorn Posted October 31, 2013 Share Posted October 31, 2013 Private parking company Parking Eye issued a claim for damages arising from breach of contract, but Parking Eye had not shown how the actions of the motorist had caused a loss, or genuine pre-estimate of loss. The judge found that, in his opinion, a contractual arrangement to manage parking does not give rise to a cause of action to claim for damages. In particular, the lack of ownership of the land meant that the Parking Eye had no standing to bring such an action in their own name. On its website, Parking Eye likes to boast of wins 'all over the land'. Probably not this one though. http://www.consumeractiongroup.co.uk/forum/showthread.php?407063-Oh-dear-oh-dear...-Parking-Eye-Lost-in-Court-yet-again-!!!&p=4378815&viewfull=1#post4378815 ... and in other news Fixed cameras and camera cars used to catch people parking illegally could be banned in England. Local Government Secretary, Eric Pickles shocked local authorities ( and no doubt bailiff companies) by announcing that he is seeking to "outlaw" local authorities from using CCTV camera's and "spy cars" to "milk" parking fines from motorists !! Other proposals include: Changing legislation to reimburse motorists the “cost and expense” of appealing parking fines if they are successful. Increasing the waiting period allowed for motorists before a fine is issued from five minutes to 15 minutes. Amending the law to stop councils from using bailiffs to collect parking fines. The reforms will go out to consultation for six weeks from this month. No doubt local councils and bailiff companies will be lobbying hard against any of these proposals becoming law. http://www.telegraph.co.uk/finance/newsbysector/transport/10337749/Councils-using-CCTV-cameras-to-fine-motorists-to-be-made-illegal-within-months.html jb Link to comment Share on other sites More sharing options...
Walkley Dave Posted October 31, 2013 Share Posted October 31, 2013 A couple of days ago in Barrow-in-Furness County Court (case no. 3QT52338), Parking Eye's claim was dismissed by the Judge, and £104 costs awarded to the defendant. But there is no need for it to get that far if you don't ignore. Link to comment Share on other sites More sharing options...
tigsthecat Posted November 9, 2013 Share Posted November 9, 2013 Hi, Massive thread hear and need a quick response. A friend of mine has received a parking charge/fine after parking at the NGH hospital. I have told her tonight that it is not an enforcible charge. Its not a parking fine and to ignore it. She has confirmed that there was loads of other parking places available so she was not denying anybody else a parking space so they cannot say they were causing loss of earnings or impacting on others. Am I correct? Link to comment Share on other sites More sharing options...
Taximark Posted November 9, 2013 Share Posted November 9, 2013 Hi, Massive thread hear and need a quick response. A friend of mine has received a parking charge/fine after parking at the NGH hospital. I have told her tonight that it is not an enforcible charge. Its not a parking fine and to ignore it. She has confirmed that there was loads of other parking places available so she was not denying anybody else a parking space so they cannot say they were causing loss of earnings or impacting on others. Am I correct? Two guys driving and walking around the hospital that work for the NGH I think, One is decent but the other short one is a grade 'A' Pr..k, he once threatened to give me a ticket because I was parked at the Mbone clinic waiting for an elderly woman to come out, I just told him to get the ticket book out ... he didn't. Not sure how much power they have but my guess is very little. Link to comment Share on other sites More sharing options...
Walkley Dave Posted November 10, 2013 Share Posted November 10, 2013 Two guys driving and walking around the hospital that work for the NGH I think, One is decent but the other short one is a grade 'A' Pr..k, he once threatened to give me a ticket because I was parked at the Mbone clinic waiting for an elderly woman to come out, I just told him to get the ticket book out ... he didn't. Not sure how much power they have but my guess is very little. DON'T IGNORE! See post 732. Link to comment Share on other sites More sharing options...
phawley Posted November 10, 2013 Share Posted November 10, 2013 (edited) Did your friend deserve the ticket ? Edited November 10, 2013 by phawley Link to comment Share on other sites More sharing options...
DT Ralge Posted November 10, 2013 Share Posted November 10, 2013 Hi, Massive thread hear and need a quick response. A friend of mine has received a parking charge/fine after parking at the NGH hospital. I have told her tonight that it is not an enforcible charge. Its not a parking fine and to ignore it. She has confirmed that there was loads of other parking places available so she was not denying anybody else a parking space so they cannot say they were causing loss of earnings or impacting on others. Am I correct? Quick response: someone did wrong for reasons of ignorance, bloody-mindedness or "it was inconvenient" and now hopes to find a loophole. I see lots of selfish, unthinking, not bothered behaviour like that and I'd wish away all the loopholes. Link to comment Share on other sites More sharing options...
Taximark Posted November 10, 2013 Share Posted November 10, 2013 DON'T IGNORE! See post 732. I didn't ignore, he ignored me and never gave me a ticket:hihi: Link to comment Share on other sites More sharing options...
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