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Parking Ticket / Private Residential Car Park**Cancelled**


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Please could I seek some advice, my wife was visiting friends today who live in a private block of flats. The flats have parking for residents, and a number of specific visitors spaces allocated.

 

My wife parked in one of these visitor spaces and when returning to the car, after around an hour, found a ticket attached to the windscreen with a fine for £100 (£60 if paid within 14 days).

 

While our friends have a parking permit for both cars, they were unaware that visitors needed a permit on display, and have lived there for many years. We're seeking advice from another neighbour, and a friend who also lives in the flats to see if they were under the same understanding (or lack of).

 

The signage in the car park does say private property, permit holders only and spaces only for residents or visitors. What I would like advice on is whether, if residents are unaware that visitors need permits on display, and for years all have had visitors using the visitors spaces without fines, whether the fine is enforceable? Does the parking company (or owners of the flats) need to make a certain amount of effort to make the residents aware of the rules regarding visitors / how to obtain visitor permits?

 

thanks in advance,

 

David

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Hi and welcome to CAG

 

So long as the ticket says Parking Charge Notice and not Penalty Charge Notice then you should be fine. Talking of fine. This (I suspect) isn't one, just an invitation to pay a speculative invoice.

 

Firstly, who slapped the ticket on the car?

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Thanks - yes it say "parking charge", and it's from a private company, who's website says they're part of the BPA and presumably manages the car park on behalf of the flats.

 

 

 

 

 

Hi and welcome to CAG

 

So long as the ticket says Parking Charge Notice and not Penalty Charge Notice then you should be fine. Talking of fine. This (I suspect) isn't one, just an invitation to pay a speculative invoice.

 

Firstly, who slapped the ticket on the car?

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Oh well, in that case, do nothing until the Notice to Keeper arrives in the post. This should appear between 29 and 56 days after the ticket was issued.

 

Once you have that, you can appeal to this 'secret' company who in all likelihood will reject you. Do not identify the driver. They have no right to know.

 

Once they reject your appeal, they will (or should) give you a code which you can appeal to POPLA with.

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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Sorry don't want to be rude, but would rather not name the company, as can imagine them reading these forums.

 

Is the advice then to wait, and not respond?

 

If it turns out both set of friends, and the neighbour are all unaware of visitors needing a permit to use visitor spaces, or even how the visitor system is administered, would that likely make the fine unenforceable?

 

Name the company please. It helps with the advice.

 

For now, do nothing. Await the NTK.

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Have a read around this forum and you will see plenty of other threads where parking companies try it on. The driver was there with permission. That in itself overrules any pretend rules these companies try it on with.

 

Your friend could contact the landowner to get clarification on parking and why there were not informed of the permits required and where were they anyway!

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 need to name and shame

 

 

we know them all

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry don't want to be rude, but would rather not name the company, as can imagine them reading these forums.

 

Is the advice then to wait, and not respond?

 

If it turns out both set of friends, and the neighbour are all unaware of visitors needing a permit to use visitor spaces, or even how the visitor system is administered, would that likely make the fine unenforceable?

 

It's not a bloody fine!

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Of course they read these threads and a good thing too as they then know that people anrent putting up with their rubbish. You would be surprised how many of these claims get cancelled when the company realise they have been rumbled by being identified as a company that has no rights to claim anything by dint of a lack of a contract or other procedural errors. Not naming them makes them all think that they can continue to fleece people over and over again at the same site.

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  • 1 month later...

Thanks again for the advice above - so the wife has now received a letter on Friday 29th May (sent 21st May) from the firm saying "Parking Charge Notice: £100" and "failure to pay the parking charge or provide the name/address of the driver within 28 days could lead to the keeper becoming liable and legal proceedings being issues". The letter has a picture of the front and side of the car.

 

Would your advice be to continue to ignore the correspondence? or should we appeal?

 

I suspect the photo was taken within minutes of her leaving the car in the visitor space (the time is printed on the photos), would that have any bearing? The lady she was visiting wasn't aware she needed a permit to use the visitors space, but I'll check with the wife but it might have been she wouldn't even have had time to go up to the flat and come back?

 

Thanks again in advance,

 

David

 

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OK, so now it's time to appeal to the mystery company as the keeper. You do not name the driver.

 

You can appeal on any grounds you like, it really doesn't matter as they'll reject 99.9% of appeals anyway at this stage. There's no profit in allowing appeals!

 

What you need from them is for them to reject your appeal and issue you with a POPLA code. It's only then that you make a detailed appeal.

 

So, an appeal along the lines of...

 

 

Dear mystery PPC.

 

Reference: ticket number.

 

The driver of the vehicle on the date and at the time in question had the full permission of a resident, whom they were visiting, to park in a visitors parking spot.

 

Therefore, please cancel this charge or issue me with a valid and correctly issued POPLA code.

 

Regards

 

Registered Keeper.

 

 

 

That'll do for the first appeal, it's really not worth writing any more than that.

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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Thanks - yes it say "parking charge", and it's from a private company, who's website says they're part of the BPA and presumably manages the car park on behalf of the flats.

 

A PPC can be a member of the BPA, but not the BPA AOS.

 

As you won't name the PPC, can you confirm that they are members of the BPA AOS and not the IPC AOS please.

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  • 1 month later...

Thanks again for your help, your advice did the trick and they've emailed back to say that the parking charge notice has been cancelled (without going to POPLA). My wife is very happy, and great to have it resolved :) It took a couple of emails, over a couple of weeks, as they wouldn't deal with me without my wife's written permission, and also probed into who was driving the car. But all good, thanks again!

 

 

OK, so now it's time to appeal to the mystery company as the keeper. You do not name the driver.

 

You can appeal on any grounds you like, it really doesn't matter as they'll reject 99.9% of appeals anyway at this stage. There's no profit in allowing appeals!

 

What you need from them is for them to reject your appeal and issue you with a POPLA code. It's only then that you make a detailed appeal.

 

So, an appeal along the lines of...

 

 

Dear mystery PPC.

 

Reference: ticket number.

 

The driver of the vehicle on the date and at the time in question had the full permission of a resident, whom they were visiting, to park in a visitors parking spot.

 

Therefore, please cancel this charge or issue me with a valid and correctly issued POPLA code.

 

Regards

 

Registered Keeper.

 

 

 

That'll do for the first appeal, it's really not worth writing any more than that.

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Glad to see common sense came in to play here. Your mystery PPC knew they would lose therefore by cancelling, saved them £27+

 

I will mark the thread as cancelled:whoo:.

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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