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New Generation Parking Limited - Talbot Green CF72 8AL - ** APPEAL UPHELD AT POPLA **


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Morning,

last night I received a letter from the above company informing me that I had parked in a space without a "valid permit". Fine is £100 reduced to £60 if payment received within 14 days.

 

Notice dated 15th Oct, date of event 11th Oct, notice received 16th October. I pulled into the space, visited the cashpoint and left - engine was still running and my wife was in the car. The images on the letter are too small to clearly identify my number plate and the website does not contain the high quality images that they suggest exist.

 

Do I have the same course of actions as Brand100 a previous poster who was challenged on parking in the same car park but in a hatched area? Or, as I actually left the vehicle and simply did not notice the signs or permit holders only reference am I accountable?

 

many thanks

Paul

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Hi and welcome to CAG

 

This is just a speculative invoice and not a 'fine'. You have obviously received an ANPR ticket.

 

You should be appealing. Use any grounds you want as PPCs tend to reject your representations anyway. You want the appeal code to take it to the 'real' appeal where we can help with the finite details.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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you can respond by saying that the vehicle was not parked and put it to "strict proof" that it was. Tell them to consider this as an appeal against their charge and to supply POPLA number should they believe that they can supply that evidence.

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Thanks very much for the quick responses. Looks like a few people have had notices for the same car park. I am going to get some photographs over the weekend showing the Free car park sign and any others I can find. Then I will draft my letter to the company asking for "strict proof". Just to confirm. Do I ask for the POPLA number with my response? Or wait for the rejection and then ask for it? I do not have enough posts to allow links to be published. If you use Google Earth these are the co-ordinates to the car park. I stopped where the Audi is coming from. I saw the free car park sign but not the permit only written in front of the bays.

 

Enter this into the search bar in Google Earth, then spin a bit to your right.

51°32'15.68"N 3°23'5.07"W

 

thanks

Paul

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In your initial appeal to New Gen Parking, try "I wasn't 'parked', I stopped to read your terms and conditions, decided not to accept them, and left"

 

They'll love that, as all the guidance, whether it's IPC or BPA says that they MUST allow you a grace period in which to read the signage. As long as you were in and out of the car park in under 10 minutes, they wouldn't have a leg to stand on owned.gif

  • Haha 1

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Dragonfly1967, sounds like a good plan. Someone at work said the same thing today funnily enough. I will have a look where their sign is placed in relation to where I stopped.

 

thanks

Paul

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read my post as to whetehr your contact with them is an appeal. Dragonfly's statement makes the same point from a different perspective, that the vehicle wasnt parked and they need to prove it was.

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As per the good advice from ericsbrother and DragonFly1967, I have just written and posted my appeal letter. I will update the thread when they presumably decline my appeal and hopefully provide the POPLA number I requested.

 

thanks

Paul

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Quick update. Just received a letter from New Generation Parking Management declining my appeal for the ticket. They have supplied me with a response (shown below), a POPLA verification code and a printed form which I can submit to POPLA. I have run the code through an online checker and it is valid and states I have 27 days to log a formal independent appeal.

 

They state that a valid permit must be shown at all times. My defence was that I entered the car park, stopped, read the sign, disagreed with the terms and conditions then left. They have not mentioned how long I was in the car park and their website has no photographic evidence of my car (the original printed version does not show my numberplate). I have photos of the sign at the entrance (which I did not see) as well as the one inside the car park which I read, then left. Can anyone advise my best course of action please?

 

Thank you for your letter concerning the above parking event. Please rest assured that our Appeals Managers have personally investigated this claim and carefully considered the various points you have raised with us. However, based on the information we have received from guards and photographic/CCTV evidence, we will not be waiving Charge on this occasion. For the reasons stated.

 

Parking restrictions are clearly stated at the entrance to and within the site, which must be adhered to at all times. Signage states that a valid permit must be displayed at all times. Failure to display a permit will result in a parking charge. The land is private and the bays can not be used unless permission is given by way of a permit at all times.

We appreciate that this is not the decision you will have hoped for. Unless you have any additional information that you have not already brought to our attention, this decision is final. Although further correspondence will be noted and filed, we will not respond except where you have provided new evidence to substantiate your claim

thanks

Paul

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Go with "The driver stopped to read the terms and conditions as defined on the signage on the premises, however they decided not to accept the terms and left the premises. Therefore no breach has occurred as no contract existed between the driver and the managing agent.", and as a cast iron backup, also include "The £100 charge is not a genuine pre-estimate of loss. Furthermore, as no contract was formed, no damages or losses have been suffered by either the managing agent or the landowner".

Please note;

 

I am not a legally qualified solicitor and all my advice is based on my past experiences in the relevant field. Although my advice will always be sincere, it should be used as guidance only.

I would always recommend to seek professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I would agree with the above but start off with a demand to see the evidence of contract between the landlord and the parking company that assigns the right to make contracts and pursue debts in their own name and also for the photographic evidence alluded to as no such evidence was appended to th notice to keeper that would identify your vehicle in the first place.

As an aside, if they had staff there why didnt they affix a notice to the vehicle as per Para 8 of PoFA rather than rely on Para 9, designed for ANPR?

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Had a parking ticket invoice from these clowns 7 years ago in 2007 in Talbot Green car park (pre POPLA). I told them where to go, and their last correspondence (in scary big red typing) told me that they were definitely taking me to Court......Still waiting ! As far as I know they don't do court so I wouldn't worry too much.

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Apologies if I sounded complacent. Ericsbrother is absolutely spot on - very good advice - it's certainly better to challenge it as he says, especially with the change of rules. I'm almost sure NGP haven't done court, however this could well change and there's no way of knowing if they may try their luck. So I certainly would take the advice of the helpful and more knowledgable people on here to make sure they are defeated either way.

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POPLA is an Alternative Disputes Resolution body andd if you get the opportunity to use it and dont then if it comes to a proper court judges get grumpy that time and money is wasted when it could have been sorted sooner and that may be enough to fall in favour one side or another. Use the procedures and even if POPLA dont find in your favour (unlikely) if it does go further at least the reason why it ended up at court will be clear to the judge.

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Before I write my appeal letter to POPLA; do you recommend this is carried out by email or by post? I would prefer email because I have photographs of the signage that I would like to submit.

 

thanks

Paul

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You can submit evidence on the POPLA website, and then add any further evidence via email. Make sure you include your POPLA code in the subject field of your email.

 

I also copied my defence statement into my email, as the POPLA website seems to screw up the formatting.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Had my reply from POPLA and the case will be heard on or around the 8th December. They are writing to New Generation to ask them for their evidence. Will update this thread when I have the verdict.

 

thanks

Paul

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  • 3 weeks later...
As with all these extortionist ignore them. Let them take you to court.

 

I really do not agree with this stance. With using the appeals service, this costs the PPC and lets them know you will fight them.

 

By ignoring, they may feel that they could chance their arm in court in the hope that you would ignore that as well.

 

Plus the fact that with a court case, you have to take time off work, you have to research a damn sight more than with the simple appeals to POPLA and if you are not confident in front of a judge, the ramifications could be high.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 2 weeks later...

Just received the decision from POPLA and they have upheld my appeal. Many thanks for all the great advice received from everyone. If it wasn't for sites like this I would have just paid the fine and not caused a fuss - even though I had done nothing wrong! Hope this helps anyone else who finds themselves in a similar situation. (donation sent via PAYPAL)

 

The Appellant appealed against liability for the parking charge.

The Assessor has considered the evidence of both parties and has determined that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.

4413004247 2 09 December 2014

Reasons for the Assessor’s Determination

 

It is the Appellant’s case that the parking charge notice was issued incorrectly.

The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.

 

Accordingly I have no option but to allow the appeal

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Congratulations on your win and I echo Honeybees comments.

 

The more people we can help, the more we can spread the word to the uninitiated.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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