I got a PCN on Private land, I appealed and it got REJECTED, Please advise

[starloony]

I rec'd a PCN on for parking on Private land. The parking Permit was displayed in the Passenger side door but we still got a ticket. I appealed and sent a copy of the parking permit along with the PCN and it got rejected. When I appealed I admitted to who was driving at the time. Will I have to pay the ticket now? It's £60 and I just can't afford that. I have 14 days left after which time it will be £100. I appealed via their website and when submitted it said I would receive a reply via email. I didn't receive a reply from the company that issued a ticket, I logged into their website because it has been a week since my appeal and I hadn't rec'd a reply. That's when I saw it had been rejected and there is no info on how to appeal again. I clicked on the appeal button but it says I can't appeal again since it had been rejected once already. What can I do now? Do I have to pay the ticket. Please help and Thank you in advance.

Edited February 18, 2013 by starloony
missing info

[padja]

ignore its not a Penalty Charge Notice it is simply an invoice, look at this and sit back and relax

[BankFodder]

Was your appeal through POPLA?

 

Which company was it?

 

Which car park.

 

Give us some details - Please.

[DBC]

Stop worrying. You are taking this matter much too seriously. By law the only amount of money they can claim of you is for the actual material loss suffered by the landowner. In your case that amounts to a big fat zero. They so-called "appeals" process is just a sham. It's not in their interest to allow these appeals as that way they would never make any money. Could you please tell us the name of the parking company.

 

You mention a permit. Does this mean that the car-park is attached to something like a block of flats. If so,it might mean that you actually own that parking space and the parking company are trespassing on your land.

[starloony]

Thank you Padja, I have admitted to who was driving though? Do I now just ignore it?

[ericsbrother]

Yes, it means you can ignore it rather than the registered kepper of the vehicle having to ignore it.

[starloony]

The company is Inner Guard security. It is BPA approved. The plot of land is not attached to a block of flats but the guy that issues the tickets a friend of a friend who gave the permit which I used which he then missed in the window. It's near a restaurant which is why I parked there in the first place. The appeal was through paymypcn.net which is on the actual ticket/invoice that was issued. The fact that I have admitted to the who the driver was is making me nervous. Should I still ignore it?

[padja]

makes no difference, just give us a few more details like has been asked, so we can be sure advice is correct but as long as it wasn't police or local authority nothing to worry about. If we know which company it is we can advise as to what you can expect, like letters with big scary red writing on it and such things normally you will get about 3 letters

[starloony]

Oh also they have pictures of the car and pictures of the notice saying private land etc but I have a permit as I have stated. Thanks everyone for replying, much appreciated.

[DBC]

Inner Guard are well know on various parking forums and can be ignored.

[Crocdoc]

You have nothing to worry about, this is nothing more than an invoice from a private limited company, furthermore the BPA has no legal status and is only a representative body for private parking companies.

 

It doesn't matter who was driving the car, if you feel inclined to write and complain do it through the land owner and NEVER the ppc.

[padja]

means nothing at all, I got pictures of a pigeon in my tree in the garden doesnt mean I can do him for trespass and thats what those pics are worth absolutely nothing

[starloony]

Thank you everyone, I will ignore and wait to see what happens.

[SURFBOY]

When your appeal was rejected were you given a POLA appeal code?

If so it might be worth your while appealing to POPLA.

[starloony]

When your appeal was rejected were you given a POLA appeal code?

If so it might be worth your while appealing to POPLA.

 

No I didn't receive an email in response, even though when I appealed via the website they stated that I would receive and email response. I logged into the paymypcn.net website using the PCN number and my reg and saw that the appeal had been rejected and 14 days to pay £60 and thereafter £100.

[SURFBOY]

No I didn't receive an email in response, even though when I appealed via the website they stated that I would receive and email response. I logged into the paymypcn.net website using the PCN number and my reg and saw that the appeal had been rejected and 14 days to pay £60 and thereafter £100.

That is very naughty of them not to give you a POPLA code.

Email them and ask them where your POPLA ref code is?

Once you get that you can appeal to POPLA and cost them £27+vat.

Whatever you do DO NOT PAY THEM A PENNY.

You do not owe them anything.

[Crocdoc]

Remember that POPLA is only binding on the ppc AND NOT THE REGISTRED KEEPER OR DRIVER.

 

THEREFORE YOU HAVE NOTHING TO LOSE.

[BankFodder]

That is very naughty of them not to give you a POPLA code.

Email them and ask them where your POPLA ref code is?

Once you get that you can appeal to POPLA and cost them £27+vat.

Whatever you do DO NOT PAY THEM A PENNY.

You do not owe them anything.

 

Sorry but I disagree strongly with this advice.

 

It is not your job to point out errors or failings in their procedure.

 

Failure to abide by their own code of practice is a weakness which you should save up and use against them if they end up taking you to court - which would be highly unlikely.

 

If you put them right now, then they will simply adjust their procedure and then continue as normal and you will have lost your advantage.

By pointing out the errors of the other side - whether it is a parking company, a DCA or a bank - anyone - you are giving away the advantages which have been handed to you.

Very short-term and very foolish.

[SURFBOY]

Sorry but I disagree strongly with this advice.

 

It is not your job to point out errors or failings in their procedure.

 

Failure to abide by their own code of practice is a weakness which you should save up and use against them if they end up taking you to court - which would be highly unlikely.

 

If you put them right now, then they will simply adjust their procedure and then continue as normal and you will have lost your advantage.

By pointing out the errors of the other side - whether it is a parking company, a DCA or a bank - anyone - you are giving away the advantages which have been handed to you.

Very short-term and very foolish.

Yes, but getting a POPLA code will then cost the PPC money, The POPLA decision may go in your favour, which means your invoice is cancelled and has cost the PPC. If it does not go in your favour then you can still ignore the PPC but will have cost them money.

I happen to think that the reason that they have not sent a POPLA code is because they do not want the appeal to go to POPLA, for whatever reason, cost to them, they know they are on to a loser(as the OP sent them a copy of the permit), whatever the reasons. I think the PPC are running scared(of POPLA) and i think that the OP has nothing to lose by asking for the code.

Edited February 19, 2013 by SURFBOY

[BankFodder]

Come on ..., do you really think that £27 matters to them one tiny little jot?

 

It is almost as silly as people thinking that the banks are bothered by facing a £400 bill for going to the FOS.

It's nonsense.

 

Don't you realise that £27 is little enough anyway - by the time it is set off against taxes and carried over as a taxable loss etc etc - it disappears into nothing - and by breaching the BPA code they put themselves at risk of losing access to the DVLA database.

 

I'm sorry but you are completely wrong.

Anyway, no decent solicitor or barrister would spot an error made by the other side and then hand it over to their opponent like that.

Their duty is to do their best for their client. It is not their duty to help the other side to get their procedures right.

[padja]

I'm with Bankfodder here, there is an advantage to OP, why appeal anyway the OP owes them nothing. I would save the document in question and wait to see what happens next.

[BankFodder]

I'm with Bankfodder here, there is an advantage to OP, why appeal anyway the OP owes them nothing. I would save the document in question and wait to see what happens next.

Absolutely correct.

If there did happen to be a contract then it would be a term of the contract that the company abides by the so-called code of practice. By failing to do so, they immediately undermine their own contract.

If they decide to bring an action - which is unlikely - then this is a point to be raised in their defence - and than after they have lost the case, it then becomes a factor in the complaint which you make to the ICO and the DVLA in respect of their unlawful acquisition of your personal data because they have breached their code.

[SURFBOY]

Come on ..., do you really think that £27 matters to them one tiny little jot?

 

It is almost as silly as people thinking that the banks are bothered by facing a £400 bill for going to the FOS.

It's nonsense.

 

Don't you realise that £27 is little enough anyway - by the time it is set off against taxes and carried over as a taxable loss etc etc - it disappears into nothing - and by breaching the BPA code they put themselves at risk of losing access to the DVLA database.

 

I'm sorry but you are completely wrong.

Anyway, no decent solicitor or barrister would spot an error made by the other side and then hand it over to their opponent like that.

Their duty is to do their best for their client. It is not their duty to help the other side to get their procedures right.

 

If £27 does not matter to them, then you have to ask yourself why they have not sent a POPLA code?

They do know about the PoFA. They do know about the BPA CoP. They do not want this to go to POPLA. Why?

I do not think a POPLA appeal is "wrong" in this case (the OPs.)

He clearly has a permit to park. A POPLA appeal is surely a certainty.

You could be right in other cases but the OPs case is well worthy of a POPLA appeal.

[SURFBOY]

The PPC might not be that worried by the £27+vat for the POPLA appeal, but they might be worried by the findings of that appeal.