Received CCTV PCN - Discount Period is 14 days and not 21 as per law introduced in 2008 - grounds for appeal?

[rosswyllie]

Hi there

 

As mentioned in the subject line - the PCN i received yesterday gives me 14 days for the discounted period but according to law introduced in 2008 any PCN issued on private land by CCTV should have 21 days as the discount period

 

Would this give me grounds for appeal to invalidate the ticket?

 

Ticket was received in a Currys car park in stockport if there are differences by region

 

Any help greatly appreciated

 

Cheers

 

Ross

[armadillo71]

Hi there

 

As mentioned in the subject line - the PCN i received yesterday gives me 14 days for the discounted period but according to law introduced in 2008 any PCN issued on private land by CCTV should have 21 days as the discount period

 

Would this give me grounds for appeal to invalidate the ticket?

 

Ticket was received in a Currys car park in stockport if there are differences by region

 

Any help greatly appreciated

 

Cheers

 

Ross

 

Who is the PPC?

 

Did you receive the invoice within fourteen days of the parking event?

 

And what law do you think covers discount periods on private ' parking tickets '?

[ericsbrother]

do not confuse an invoice from a parking company with a lwfully issued Penalty Chage Notice issued under the road Traffic Act.

Foa a CCTV demand it has to be with you within 14 days after the alleged incident so tell us what date your vehicle was parked at the site, the date you received the demand through to post.

Once that has been cleared up we can look at the whys and help you formulate a response.

What does the demand say you have done to breach the parking conditions?

[rosswyllie]

thanks for the response

 

Details of my ticket:

 

Excel Parking

Issue date 18/07/2014

Contravention Date 10/07/2014

Received 22/07/2014

 

Fine £100 or redeuced to £60 if paid within 14 days of the issue date

Edited July 23, 2014 by honeybee13

[ericsbrother]

yes, but NOTHING TO DO with parking on privately owned land. Excel parking anrent the police, TFL or local council so the rules you quote dont apply to them.

I bet is doesnt say fine on the ticket either, just charge.

Now tell us about your particular case

[rosswyllie]

ah i see

 

the reality is here is that i went to currys as one would normally in an out of town shopping complex. It did not cross my mind that i would need to pay in one of these locations as never seen this before. So i was in the shop for 33 minutes arguing over a broken router, didnt see any signs (but didnt look to be fair as wasnt expecting them) and didnt buy the £1.30 ticket - now i have a £60 or £100 'charge' as it says on the ticket - would happily pay £30 but this seems ludicrous!

 

Should i just pay? just seems scandalous - the car park was empty - literally - ive read that they have to quantify their losses if asked - surely these couldnt be £100?

 

THanks again

 

Ross

[armadillo71]

The loss is £1.30....

[Conniff]

You can't lose something if you've never had it.

[Crocdoc]

There are numerous appeal letters available relating to Private Parking companies in England and Wales which argue the GENUINE PRE ESTIMATE OF LOSS point (Amongst other points). I don't actually hold them as I in Scotland where the system is very different. However, I have no doubt that someone will come along and provide a suitable letter which the private parking company will reject. Nevertheless this will give you the opportunity to appeal to Parking on Private land appeals (POPLA) who do uphold appeals on the basis of GPEOL, Signage, and contractual entitlement to issue charges.

[ericsbrother]

They are hoping you will pay up as that is the only way they ever make money as they have no actual right to anything as they dont own the land.

Now, I would be writing back saying that your car was transported there by an alien spaceship (or any other reason you wish, as they will reject a well composed appeal as quickly as this one) and that you demand to see the contract between the landowner or occupier that permits Excel to make legal claims in their own name.

They wont show you that contract but it does let them know that you are not going to be fooled into paying up. They should then give you a POPLA code that will allow you to appeal to an independent adjudicator. This will cost Excel money and they wuill have to provide evidence that they dont want anyone to see. Your POPLA appeal should be on the gounds of no contract due to ignorance of contract because of inadequate signage. Photos or sketches of the position and size of any signs are important as they are using ANPR the signs MUST be at the entrance of the car aprk and meet minimum standards. You then say that the amount claimed does not represent their loss, which is at most £1.30, should it be found that a contract has been formed and broken. Anything more than this does not represent their loss and is thus an penalty and thus unlawful.