Private Parking Ticket Megathread (Part 3)

[carosio 186]

So it's an ANPR site then. I've no legal qualifications but have had to challenge similar tickets, however I can't point to anyone to fight on your behalf, but there are some I'm sure.

 

Have a read through this first:  https://forums.moneysavingexpert.com/showthread.php?t=4816822

 

Is it 10 mins 58 secs or 11 mins so many secs? You are allowed, under their own (trade body) rules, 10 mins grace period.

Edited February 25, 2019 by carosio

[carosio 186]

Forgot to mention that you can also complain to the club.

[Ruthlessgk 10]

They have put 11mins. it was from 16:08:29 - 16:20:02. That was the time taken to get little on in the car back in his seat.

[carosio 186]

That's about 11 1/2 mins. It depends whether you want to fight them or not or just pay up.

 

1. I would complain to WMC.

2. You can do initial PPC appeal (email) via their website but they usually ignore this, they just want your money. At the same time request a Popla code number if, which is likely, they reject the appeal. Don't hint who was the driver, they are now, or should be, dealing with the Registered Keeper.

3. Then appeal via Popla, the fact that it took time to secure a child into the car looks a reasonable factor.

 

4. There is a whole raft of detail that the PPC has to get right to make a valid claim, and most of the time they dont; these details are highlighted in the website I posted.

5. Do be aware of time limits.

 

Had a look on Google Earth but no signs there so must be in last 2 years P.E. have been there.

Edited February 25, 2019 by carosio

[alchresearch 214]

On 25/02/2019 at 13:32, carosio said:

Forgot to mention that you can also complain to the club.

I can't see what that would do.  The club are probably employing Parking Eye because they're sick of people using their car park while nipping over the road to the shops or bank.  

 

I don't know if the layout and signage has changed since the Google Streetview pics, but its pretty clear to me that's a private car park for the club and you should only go onto it if you have business at the club.

[Ruthlessgk 10]

Thanks for the help Carosio.

Edited February 27, 2019 by Ruthlessgk

[DT Ralge 10]

On 25/02/2019 at 15:49, carosio said:

That's about 11 1/2 mins. It depends whether you want to fight them or not or just pay up.

 

1. I would complain to WMC.

2. You can do initial PPC appeal (email) via their website but they usually ignore this, they just want your money. At the same time request a Popla code number if, which is likely, they reject the appeal. Don't hint who was the driver, they are now, or should be, dealing with the Registered Keeper.

3. Then appeal via Popla, the fact that it took time to secure a child into the car looks a reasonable factor.

 

4. There is a whole raft of detail that the PPC has to get right to make a valid claim, and most of the time they dont; these details are highlighted in the website I posted.

5. Do be aware of time limits.

 

Had a look on Google Earth but no signs there so must be in last 2 years P.E. have been there.

“Time to secure a child in the car” will not be considered.  

When appealing through POPLA, look for them to itemise the elements of their invoice.  

Your best bet is to challenge their itemised invoice with the words, “it cannot be a genuine pre-estimate of loss” - it worked for me.   

[carosio 186]

10 hours ago, alchresearch said:

I can't see what that would do.  The club are probably employing Parking Eye because they're sick of people using their car park while nipping over the road to the shops or bank.  

 

I don't know if the layout and signage has changed since the Google Streetview pics, but its pretty clear to me that's a private car park for the club and you should only go onto it if you have business at the club.

All correct, but she could ask the club what they think a reasonable grace period would be in the circumstances; it is they who are party to the contract, if any, with P.E.

The driver did say it was a mistake which depends how clear the signage is.

1 hour ago, DT Ralge said:

“Time to secure a child in the car” will not be considered.  

When appealing through POPLA, look for them to itemise the elements of their invoice.  

Your best bet is to challenge their itemised invoice with the words, “it cannot be a genuine pre-estimate of loss” - it worked for me.   

It could  contribute to a "reasonable grace period", which for some reason is not usually in the signage.

Since the Beavis case a couple of years ago,  GPLO is more problematic.

[Rowenfaith 10]

Dear all,

 

I was issued a ticket in December for an alleged offence in November. I received the ticket two weeks later than the alleged offence date.

 

The car park has stated I overstayed the maximum time allowed however I actually live in the area and used the car park quickly in the morning (no more than 10 minutes)  and re-entered in the afternoon (again no more than ten minutes) I explained all of this information to the car parking company who requested I provide evidence by the means of CCTV or pictures of the car elsewhere. I contacted Sheffield City Council for CCTV however they delete their CCTV after 14 days - I hadn't even had the letter before the time elapsed to obtain CCTV.

 

My appeal was rejected by the company and I proceeded to make an appeal through the IAPs who govern the company, explaining the situation and that I had also not had the chance to prove via CCTV as the letter had not yet been received. My appeal was also rejected by the IAPs. 

 

Has anyone else had any similar issues to the above? I'm now going to be forced to pay a £100 fine when I am not at fault. I'm looking to report the company to trading standards and would like to know if anyone has had a similar situation? 

[Eccy Beach 11]

4 minutes ago, Rowenfaith said:

Dear all,

 

I was issued a ticket in December for an alleged offence in November. I received the ticket two weeks later than the alleged offence date.

 

The car park has stated I overstayed the maximum time allowed however I actually live in the area and used the car park quickly in the morning (no more than 10 minutes)  and re-entered in the afternoon (again no more than ten minutes) I explained all of this information to the car parking company who requested I provide evidence by the means of CCTV or pictures of the car elsewhere. I contacted Sheffield City Council for CCTV however they delete their CCTV after 14 days - I hadn't even had the letter before the time elapsed to obtain CCTV.

 

My appeal was rejected by the company and I proceeded to make an appeal through the IAPs who govern the company, explaining the situation and that I had also not had the chance to prove via CCTV as the letter had not yet been received. My appeal was also rejected by the IAPs. 

 

Has anyone else had any similar issues to the above? I'm now going to be forced to pay a £100 fine when I am not at fault. I'm looking to report the company to trading standards and would like to know if anyone has had a similar situation? 

Not sure how the company think that would pan out if it went to small claims court - your second paragraph seems to suggest the company is placing the burden of proof on you to demonstrate your innocence which is at odds with our legal system.

 

I'd dare them to take it to court

[Rowenfaith 10]

9 minutes ago, Eccy Beach said:

Not sure how the company think that would pan out if it went to small claims court - your second paragraph seems to suggest the company is placing the burden of proof on you to demonstrate your innocence which is at odds with our legal system.

 

I'd dare them to take it to court

I honestly thought that the independent appeals service would have dismissed the charge in my favour seeing as I didn't actually have the opportunity to provide CCTV due to the time the letter was received. The parking company also admitted they don't actually have CCTV and only ANPR, it's really frustrating because if they had CCTV this could of been resolved so quickly. 

I'm just worried that going to court will result in more costs that I cannot afford.  

[dave_the_m 61]

I'd suggest taking this to pepioo or MSE parking forums, where you'll get expert advice. Anyway...

 

By "IAPs" do you mean "the Independent Appeals Service"? They are a kangaroo court who promise to reject 85% of appeals. If the PPC take you to small claims court, it's down to the judge to decide, on the evidence before him/her, on balance of probabilities, whether there were two separate visits. Evidence can include a witness statement from the driver. I assume the identity of the driver was revealed in your appeal?

Edited April 9, 2019 by dave_the_m
typo