Anniemaniac
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Everything posted by Anniemaniac
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Update. Thought I'd let you all know that my appeal was successful! Thank you everyone for all your advice and for putting up with my overly anxious posts regarding the matter! So relieved it's over and done with, but I'd have stood no chance without you guys so much appreciated!
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Thanks DX100uk, sorry for panicking. I just cannot afford this so it's a big worry.
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Me again. Phoned POPLA who instructed me to phone PE about case notes. Turns out they were sent to junk mail. I've got the case notes, it's ridiculously long - 30+ pages which includes copies of both NTK letters I received (one in RK's name, one in drivers [my] name), a copy of my appeal, a copy of their rejection my appeal, along with 30+ pictures of signage and parking site layout. They are now stating that my time in the car park was 1 hour, 10 minutes and 16 seconds. Prior to receiving the case notes, they made no mention of the seconds apart from on the ANPR captures, stating in both NTKs that my stay was "1 hour 10 minutes". I cannot believe they are trying to actually justify £100 for 16 seconds! What do I do from here? I have already mentioned the time being de minimis in my original appeal to PE which they have repeatedly failed to address. I feel like I'm going to lose this, all over 16 seconds. How can that even apply? My car clock could have been wrong! Their ANPR clock could have been wrong! Do I put it to POPLA to make them prove their clocks were correct? Are people REALLY expected to time their stay right down to the very second? Seriously? My car doesn't even give me the seconds on the clock, just minutes. Frustrated isn't the word here. They have stated that they apply a grace period as a member of BPA and that they have permission from the land owner to operate on the site. Advice please? Really feeling like I'm going to lose if they're sticking to this 16 seconds bull. Have read some information booklets produced by POPLA and in it they state appeals they have rejected where the appellant argued a tiny over stay of 1 minute past a grace period because they were still over the time limit. If POPLA do reject my appeal, what are my options? CAB? Trading Standards? I am absolutely not paying £100 for 16 seoncs but I can't afford to get a CCJ or debt as I'm being interviewed for a banking position and they will decline anyone with poor credit. I plan to write to my MP as this was a former council operated car park but I doubt she'll do anything to get the charge removed. Feeling absolutely lost at the minute. "POPLA were instruted to run the appeals in a certian way by their paymasters the BPA so you the appellant dont get to see their documents and have the chance to comment on them. " I'm not sure I'm understanding you correctly? Are you saying there was no way to see the parking company's evidence and no way to comment on it? Because there is a section on the POPLA website where you can comment on any of the documents the parking company has provided as evidence. PE have sent me a 52 page document via email detailing their signage, letters sent, rejection of appeal, etc. and there is a box on POPLA on my appeal for me to write any comments in defense against their evidence if I want. I have 7 days from the date PE sent me their case files to comment. Hence, I need advice re: their claim of 16 seconds overstay. I want to comment on it further because it seems ridiculous but I don't know what's best to argue against it. As mentioned in my previous post, are motorists honestly expected to time their stay to the very second? Can I argue ANPR may not be correct and ask POPLA to force PE to prove it was correct at the time? PE have also stated they have permission from the land owner to operate on that car park but have not provided proof of this; should I mention this to POPLA and ask for proof to be provided?
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Another update. Just received an email from POPLA saying ParkingEye have responded. Checked my appeal and all it says is that "the operator will send the evidence independently". It says under the comments box where I can comment on their evidence that I have 7 days from the date they sent their evidence (today) to comment on anything. I have not received any evidence or correspondence from Parking Eye at all but the date on the POPLA website is starting from today. Obviously this means I now can't comment on anything until I see their evidence, which is going to leave me with less time and given it's Christmas, I may not even receive the evidence within the 7 days! Is there anyway I can let POPLA know that I haven't received their evidence and that the 7 days shouldn't start until I confirm I have received it? What a crafty little company though! Clearly hoping I wont receive the evidence in time and won't think to do anything about it. Really fed up with these crooks now. ETA: They also have not provided a case summary - good sign or bad? I'd personally have thought though that if they felt they had a decent case, they'd have put arguments down in the summary so the fact they haven't suggests they're playing their cards close because they don't think they have a winning hand yet? Maybe I'm just wishful thinking!
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EricsBrother - cheers! Apologies for the late reply, life got in the way. I've appealed to POPLA so lets see where it takes us. Hopefully it'll be a success. And that's a damn near criminal business plan! Can't believe the hight court allow it.
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Another update. So I didn't have time to appeal by letter because today I've received another letter stating that my appeal was unsuccessful. They gave no grounds for why it was unsuccessful, drawing no attention whatsoever to my reason given in my appeal regarding a 10 minute grace period as established by BPA of which they are a member, instead stating only that "no parking was purchased [...]" therefore I owe the charge. I've been given an additional 14 days grace period to pay the reduced amount of £60, or alternatively I can appeal to POPLA and they have provided a POPLA reference number. On the back of the letter, they provide 6 "grounds for appeal" options: 1. My vehicle was stolen 2. I was not improperly parked 3. The amount requested on the parking charge is not correct 4. I was not the driver or registered keeper at the time of the alleged improper parking 5. Extreme circumstance prevented me from parking correctly 6. Other Given my appeal would fall under 'other', is this even worth appealing to POPLA? Does any one know of POPLAs track record when it comes to appealing a charge because of a short overstay? Are they sympathetic to drivers or not? To be honest, I don't know why I'm even asking all this because I can't afford £60 regardless so I have no choice to appeal because even if I lose, I'd have had to pay the £100 anyway as the deadline for reduced payment is a week before I get any wages. I'm just panicking a little because they state the "no ticket was purchased" thing. I'm almost certain you don't have to pay/obtain a ticket unless and until you've been there over an hour. I have a photo of one of the parking signs and from what I can tell, you don't have to get a ticket until you go over the free hour so this seems to literally be over the 10 minutes. Given ParkingEye are a BPA member, and from my understanding, BPA have a rule stating drivers are given a 10 minute grace period, don't they have to conform to their rules? If not, what's the point in BPA having such rules or PE being a member if they don't have to follow them? Therefore, should PE not cancel this charge as it was on the 10 minute grace period? Can someone just confirm that what I've just said is correct, or if it's not, please correct my understanding of it so I know what to appeal with? Also, my overstay was technically (based on time-stamped phots) 10 minutes 14 seconds, however PE only refer to my overstay being 10 minutes. Would POPLA reject my appeal due to being 14 seconds over the grace period? I mean, how strict are they? What bothers me is, a ticket would have only cost me £2. If they can make profit from £2 for an hour, how on EARTH can they possible justify £100 for 10 minutes?! How in the world did my being there 10 minutes cost them £100. It clearly didn't. Sorry for the million questions and mini rant. I'm just fuming. I've got enough on my plate with mental health issues, being a full time carer for my mum, and working as well, without having to mess about appealing ridiculous charges over minuscule infractions!
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Hi guys. Sent in my appeal to them using their online appeal service. I gave them my name and details and reason for appeal. Heard nothing until today when I received a PCN, addressed this time to me not my mother, for the same event. They have not responded to my appeal but have clearly received it because they have taken info from my appeal to send me this PCN where do I go from here? I'm assuming this means they've rejected the appeal. However, I have had no correspondence re: the appeal to say if it was successful or not. All I've heard from them is this new PCN addressed to me. Do I have to appeal a second time? It will literally be the exact same appeal if I do . Do I wait to hear correspondence specifically about the appeal?
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Thanks. Have sent an appeal (with my address added). Will update when I hear anything.
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Okay, ignore my previous post - sorry for all this messing around. I've removed as much as possible to make it as short and to the point as it can be: "The registered keeper received a parking charge notice for the above vehicle. The driver is appealing the charge for the following reason: The BPA establishes that a discretionary period of a minimum of 10 minutes must apply. As a member of the BPA, ParkingEye should therefore cancel the ticket as the alleged breach is de minimis." Any good?
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Okay thanks for the info. I'm reading all sorts of different advice from different places so I'm having a hard time understanding what I should or shouldn't say/do or why. Is it okay if I identify myself as the driver as long as I keep it to third person? Ie could I say "The person named above was the driver at the time of the event?" rather than "I was the driver"? I was under the impression from their letter that if the driver isn't named, they can pursue the RK for the charge? As said, I don't want them pursuing my mother so I feel the need to name myself. EDIT: nevermind. Just looked at the online appeal form and it asks if the person writing is the driver or not so I will identify myself that way anyway. Sorry if this is a stupid question, I'm having a hard time understanding all the complexities involved with the wordage. Anyway, I've made the following adjustment: "The registered keeper received today a parking charge notice for the above vehicle but was not the driver at the time of the event. The driver appeals the charge for the following reason: BPA establishes that a discretionary period of a minimum of 10 minutes must apply. As a member of the BPA, ParkingEye should therefore cancel the ticket as the alleged breach is de minimis."
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Thanks ericsbrother! Here's a revised version: "My mother received today a parking charge notice for the above vehicle. She is the registered keeper but I was the driver at the time of the event. I will not be paying your demand for payment for the following reason: BPA establishes that a discretionary period of a minimum of 10 minutes must apply. As a member of the BPA, ParkingEye should therefore cancel the ticket as the alleged breach is de minimis. If you reject my appeal, I request any further correspondence from you to include a POPLA code as I will be taking this matter further if necessary." Is this better?
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Also, I read on another forum that the wording of 29 days is in breach of schedule 4 of the POFA? My letter states "you are warned that if, after 29 days from the date given (which is presumed to be the second working day after the Date Issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you. According to the other forum, this is in breach of the POFA because POFA states 28 days and PE state 29 or something like that? Some one said the parking charge was invalid because of this error? Can anyone confirm/clarify this? If it is invalid, does this mean I can appeal on those grounds? Will the charge be dropped? Apologies if I've completely misunderstood this; I have dyslexia and understanding everyday language is hard enough let alone this sort of complex wording.
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Thanks HoneyBee. I will be sending my appeal online so I have only included the main body of my appeal and none of the specific vehicle or driver details. I have no idea if either of the reasons I gave are valid or not, either. There's a lot of information about these PPCs and their charges and the more I read, the more confused I get about what's what. Here's my appeal: "I received today a parking charge notice for the above vehicle. I will not be paying the charge as I believe it is disproportionate and not commercially justifiable. The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner. In this case, the £100 charge you are demanding far exceeds the cost to the landowner of £2 for an additional hour. I therefore feel the charge is excessive. Furthermore, the BPA establishes that a grace period of a minimum of 10 minutes must be applied. As ParkingEye is a member of the BPA, and as the driver was within the grace period, the charge should therefore be cancelled. If you choose to pursue me as the registered keeper, please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter. If you reject this appeal, I expect further correspondence from you to include a POPLA code as I will be taking this matter further if necessary." Is this a suitable and appropriate appeal letter? Let me know if it doesn't make sense/contradicts anything because this is a hash up between my own wording and a template letter I found online. I know dx100uk suggested I not supply reasons for my appeal yet but I'm hoping to get this over and done with as soon as possible and to be honest, I didn't know what else I could say in my appeal otherwise. Edit: Also, the maximum allowed stay is 3 hours. As I did not exceed 3 hours, could this be reason for appeal as well and should I include it or not?
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I have drafted up an appeal letter - am I allowed to post it here and if so, will anyone be willing to read it for me and see if it's okay or if I've made any mistakes?
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I have no idea who owns the land. Tried googling it to no avail. Any ideas how I could find out? And it's a retail park. There is no drive through at the Maccys. I went in, got the food, then sat in the car for about an hour to cool down from the argument. My mum has a blue badge so I'm not used to buying a ticket there and just completely didn't think to get one nor did I realise how long I'd been there. I'm also confused because I've read a lot of things which say you should never name the driver, and you're saying I should name the driver so I'm not sure what to do now.
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Date of the infringement - 15/10/2016 2 Date on the NTK - date of issue: 25/10/2016. 3 Date received - 28/10/2016 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes 5 Is there any photographic evidence of the event? Yes, two time-stamped photos; one showing front license plate with arrival time, one showing back license plate with exit time. 6 Have you appealed? Not yet Have you had a response? N/A 7 Who is the parking company? Parking Eye 8. Where exactly [carpark name and town] Two Saints Car Park, Ormskirk, Lancashire For either option, does it say which appeals body they operate under. The only mention of appeals is that they will provide details of POPLA if my appeal to them is unsuccessful. However the letter has a BPA Approved Operator logo on the top of the letter. Is this true of all private car parks? From what I could see from the sign, there was no mention of any grace period and it said tariffs apply 24 hours a day.
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How big of a battle am I looking at if I appeal? As mentioned, I have my own mental health issues and on top of that I'm my mother's carer and I work part time as well so as unfair as I find this charge to be, if it's going to take months of back-and-forthing then I might just suck it up and pay it because the cost to my mental health would be greater if this will turn into a long, nasty battle. If I did appeal, could I claim commercially unjustifiable as a reason? As I said, this car park gives you one hour free, which I used. I stayed an additional 10 minutes and that's what the parking charge is for. However in my research I came across a case where someone was taken to court by Parking Eye for failure to pay for additional time after staying the free hour given, and the court ruled in PE's favour stating something about as they don't make any money from that car park except when people over stay, that it was commercially justifiable or wasn't extravagant or unconscionable and thus they were owed the money they were asking for. I think this was the Barry Beavis case. This seems a very similar case to mine; free parking for an hour, overstayed by 10 minutes, now they want £100. I still think that £100 is absolutely insane amount when I would have only had to pay £2 to stay an additional hour, but given the case above, I'm concerned that appealing on the grounds that £100 is too much wouldn't work, but this is the only argument I have. I'd be happy to pay a reasonable charge like £20 but £100 is going to REALLY leave me struggling.
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No ticket - only received letter through the post, addressed to my mother who is the registered keeper.
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Yes, sorry for lack of clarity - yes the car park is privately owned, and managed by Parking Eye.
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I was at a privately owned retail car park a few weeks ago in the evening and overstayed by 10 minutes . Firstly, I am not the registered keeper; it is my mother's car. She had sent me out for a Mcdonalds for her and we ended up having an argument over the phone. I stayed in the car park for a while before going home so we could both calm down. My mother has schizophrenia so she can be VERY difficult to deal with and very irrational and demanding, hence why I didn't want to go home. Result is, I overstayed in the car park by a whole 10 minutes and 14 seconds. This particular car park gives you one hour free parking, after which you have to pay £2 for an additional hour if you wish to stay longer. Today my mother received a parking charge notice from Parking Eye for £100, reduced to £60 if paid by 8/11/2016. This is two days before I get my wages so I can't afford to pay anything until the 10/11/2016 when I get paid, I will be liable for the full charge. It's in her name though and they state they don't know who the driver is. They say not to name the driver in the template appeal letter I found but I don't want them dragging my mother to court or sending her letters as she's ill and disabled and can't cope with stress without becoming ill. But I feel that a £100, or even a £60 charge is excessive for 10 minutes. A whole hour would have only cost me £2 had I had the frame of mind to remember to buy a ticket/realise how long I'd been there. I can't afford to pay such a high charge and I don't at all believe the landowner lost this much money by me being there for 10 minutes. My question is, can I appeal this on excessive charges claims? I've done some research of my own about this but I've read a court case where Parking Eye successfully won after taking someone to court because the car park this person was issued a parking charge for had a 1 hour free stay. The judge ruled something about the landowner not making a profit in any other way from their car park and hence the charge was considered commercially justifiable and the person had to pay the parking charge. I don't want to be dragged to court for £100 and potentially have other charges added on top of a heap load of stress put on me. I have my own mental health issues (depression/anxiety) so I can't cope with Any advice? I really can't afford £100 for a 10 minute over stay.
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Old doctor refusing sick note - ESA suspended
Anniemaniac replied to Anniemaniac's topic in Benefits and HMRC
"Do you have a new certificate to cover you for the future? In other words, is it only these 9 days that are not covered? And critically, are the days not covered the first days of your claim?" I have a current medical certificate that I got from my new GP on the 11th April. It's for 8 weeks. The 9 days that I'm missing aren't the first few days of my claim, they're from after my ATOS assessment took place. I'd already been receiving ESA from December 2012 but didn't get called for an assessment until March. So I'd been getting the pre-assessment rate for a while before the gap. And yes, the 9 days is the only gap. "How long ago was the GP Practice change?" A few weeks ago. I officially registered on their system on the 11th April. I will consider getting my records and writing to the manager of my old surgery. The receptionists have become very icy with my mother since we left so I don't know how helpful the manager will be but we'll try, thank you for the advice. -
Old doctor refusing sick note - ESA suspended
Anniemaniac replied to Anniemaniac's topic in Benefits and HMRC
Thanks - I wasn't sure where to put it. -
Hi, I hope this is the right forum to post this. I really need some advice. (scroll to the bottom for the summary) I have social anxiety and recently made a claim for ESA. My old GP (in my now old practise) was off sick with no signs of coming back so I went to see another GP who's normally very nice. I went to see her TWICE about a sick note. First time she gave me one, the second time though, she was incredibly rude towards me. She told me twice "you can't be on benefits for life" and treated me with a lot of contempt and disrespect like she saw me as a scrounger. Bare in mind, I hardly knew this doctor so she had absolutely no authority to judge my condition as she did. Doctor or not, you cannot say you know if someone's mental condition exists or doesn't exist after seeing them twice. Long story short - I came home in tears from her, terrified to to go back again and changed doctors. Due to the change, there's a gap in my ESA claim of 9 days and, despite all my mother's attemps and explanations, they've suspended my ESA and won't make a decision on it unless I can get a sick note for those 9 days. My new GP won't give me one for those 9 days as this was before I was registered in his practice. My mother has been on the phone to my old surgery to try and see if my old GP would cover the difference and she won't. Her reasons are "because she missed an appointment and DNA'ed" - I'm guessing 'DNA'ed' means that I failed to attend an appointment and didn't cancel - which has NEVER happened. I have missed appointments in the past but my mother has ALWAYS, and I've always been here to vouch for that, phoned them to cancel before my appointment. I'm absolutely livid and severely upset. My ESA hasn't been paid since 2 weeks ago and the ESA people are basically telling me that if I don't get that 9-day period covered, that my claim will be cancelled (despite having a current, valid sick note from my current GP...). So my question is, is my old doctor allowed to refuse me a sick note for the reasons she stated? She's lying for a start because I've NEVER as I said before, missed an appointment without letting them know. I just feel really upset and scared. I'm trying my hardest to conquer this social anxiety (and recently got a paper round job at 24 - it's not much but for me, it's a big step) and I don't need this attitude or pettiness from a DOCTOR of all people. I get enough stick of other people but this level of ignorance from a GP is astounding. Sorry for the rant, I'm just really really upset and confused and need to know where I stand. Any advice? We're considering taking the issue to PALS but I have no proof of what she said and I'm scared of what'll happen if I do. SUMMARY: My old GP has refused to issue me a sick note for a 9 day gap between changing doctors due to her attitude towards me, and her reason for refusal was "didn't attend an appointment and DNA'ed". Is she allowed to refuse for these reasons?
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