Parking Enforcement ltd CPC ticket - blowing off to floor - IAS appeal rejected

[steve806]

Hi All

 

 

Parked in Brighton last Saturday morning. Placed parking ticket on dashboard, checked it was in place after shutting door and went off shopping. Returned to find ticket on car floor and Contractual Payment Charge on window.

 

 

Charge states that 'ticket falling from dashboard' will not be accepted as grounds for appeal. I appealed anyway on the basis that:

 

 

1. Tickets are paper, not adhesive, so cannot be secured

2. Weather was windy

3. Stated that I cannot be responsible for what happens when I am not at the car. There are many reasons beyond my control that the ticket could fall.

 

 

My claim has been rejected by what looks like a standard letter.

 

 

I have been told I can appeal to the IAS but if I don't pay the ticket within 14 days I cannot get the reduced amount (even if appealing).

 

 

I would be grateful for any advice in appealing this charge which feels totally unfair as I bought the ticket. There was no intent on my part to evade paying for parking.

 

 

kind regards

 

 

Steve

[Bazooka Boo]

Ha ha ha, they actually state that? ''Ticket falling from dashboard'' will not be accepted?

What utter clowns!!

 

You've still got the ticket yes?

So you can prove you paid, therefore this speculative invoice will go nowhere, they haven't got a chance!

 

Whats the name of this outfit?

[steve806]

The exact wording of the appeals notice provided with the Contractual Payment Charge is:

 

 

Your Appeal will be rejected if you contest it on the following grounds:

 

 

 

 

My ticket/permit came off the front windscreen or blow off the dash. It is the drivers responsibility to ensure it is displayed correctly.

 

 

The ticket is issued by:

 

 

Parking Enforcement

Suite 200 Regency House

91 Western Road

Brighton & Hove City

 

 

My appeal response states that Parking Enforcement state that the grounds for refusing appeals stated above are printed in a sign in the car park and therefore stand as it is my choice as the driver to not accept this ruling by parking somewhere else.

 

 

This seems ludicrous. Can they really just make up any rules they want?

[renegadeimp]

They could NEVER chase this. GPEOL plus the fact that you did pay, and you DID have a ticket. Guaranteed win.

 

Which body are they with? You can make a proper complaint here and have them laughed at.

[DragonFly1967]

They're IAS members, so appealing to them isn't really worth the bother, but one has to go through the process so that you can be seen to have taken all reasonable steps.

 

The "Independent" Appeals Service will of course, also reject your appeal (or at least I'd be surprised if they didn't), which means that the ball will then be back in the hands of Parking Enforcement on whether or not they'd like to lose in county court. That's doubtful though as they took absolutely no one to court in 2014.

 

If they did take you to court, as you paid the prescribed fee and can prove it? Then there is absolutely no loss to anyone, especially Parking Enforcement, and therefore any amount that they claim in "losses" in court will be vexatious.

[DragonFly1967]

Cancel (most of) the above, I was looking at the wrong thing. They appear to be BPA members.

 

Have the sent you a POPLA code (a 10 digit number) in the letter refusing your appeal?

[steve806]

Thanks for the responses dragonfly.

 

 

The appeal response states that I should further appeal at the IAS.

 

 

Does this mean your initial advice applies? If so is there a template available?

 

 

cheers

 

 

Steve

[DragonFly1967]

Now this is where it gets confusing... Both POPLA (BPA members) and the IAS (IPC Members) are referred to by the PPC's as IAS's and at various times 'the IAS', can you confirm that the invoice is from this particular bunch of clowns http://www.pessuk.com/parking.php which is Parking Enforcement and Security Services and not some other bunch of chancers?

[steve806]

Dragonfly, it is these guys:

 

 

http://parkingenforcement.org.uk/

 

 

They have a different VAT number to the company you are referring to. Hope this is helpful.

 

 

Also, they have not provided a POPLA number. They have asked me to use the CPC Ref No in my appeal.

[DragonFly1967]

Right then, IPC members, so a little bit more of a challenge as the IPC's IAS doesn't like to allow appeals (there ain't no money in that).

 

This mob also did take 19 people to court in 2014, although there are no figures for how many of those 19 they actually won, but it most certainly wouldn't have been all 19!

 

 

 

First things first is that you have to follow the correct appeals procedure, which means an appeal to the IAS.

 

Still a pretty much standard appeal along the lines of GPEOL, having paid the prescribed fee to park (do you still have the P&D ticket by the way?), not having the authorisation of the actual landowner to take legal action in their own name etc etc. Someone will draft something for you if you can allow a couple of days.

 

 

It's a bit of a pity that you already appealed (as the driver), but no matter.

 

 

Are you 'up for a fight'?

[steve806]

Hi Dragonfly, absolutely up for a fight. This charge seems so wrong as the land owner did not lose anything -they received their fee for parking - £1 for 1 hour.

 

 

I still have the ticket. I would appreciate any help anyone can provide in drafting the appeal.

[steve806]

Don't know if this makes any difference but in my appeal I have said I am the registered keeper. I state that I left my car in the car park but do not at any time state I was driving the car.

[ericsbrother]

You said that you left the car, that means you were the driver. However, that just means they are chasing the correct entity rather than having a claim to answer so if you live close to the car park take a photo of the signs at the entrance to the car park and also the ones at the ticket machine. If these refwer to other signs then they dont have a contract worth a bean as far as the so-called terms state if they arent there to be read before you pay.

Mkae sure that you keep the ticket and when you appeal to IAS send a photocopy of it, never the original. At this stage you are creating a paper trail so you can show YOU have followed the rules.

[steve806]

Hi All

 

 

As advised by erics brother I will be taking photos of car park signs tomorrow for use in my IAS appeal. I also have the ticket.

 

 

After reading other threads I wonder if there are 2 other things I should do in preparation:

 

 

1. Should I call Parking Enforcement and ask for a VAT Invoice?

 

 

2. Should I call Parking Enforcement and ask for a breakdown of how their £100 charge is calculated

 

 

Finally, once I draft an appeal would someone be kind enough to laugh at my effort and then guide me in the right direction?

 

 

kind regards

 

 

Steve

[Bazooka Boo]

Q1. NO!

Q2. NO!

 

There is no need to be calling them at all.

[steve806]

I have read somewhere that it is worth writing to the landowner as well as submitting my appeal with the intention of making sure the landowner understands I know my rights and the are in for a fight.

 

 

Can anyone advise if this is a good plan of action and also where I would find out who owns the land?

 

 

cheers

[Bazooka Boo]

The Land registry will tell you who owns the land, and there's also the question of them (Parking Coy) having planning permission to erect such signs on the land etc etc etc, plenty of ways to skin a cat.

[steve806]

Thanks bazooka Boo. I have just been viewing Parking Enforcement's website and they appear to suggest that they are set up to negate all the reasons people seem to use for appealing.

 

 

Is this true or just a bluff to discourage people from appealing? Link Below

 

 

http://parkingenforcement.org.uk/faq/

 

 

Finally, can anyone provide a link to a possible template I can use?

[ericsbrother]

If you ran a business that mad money by ripping people off would your website contain information about how to avoid being caught out? No so why do you expect their web site to help you avoid their charges?

get the images of the signage posted up and we will make suggestions of the wording of your appeal. If truly doesnt matter if IAS accept what you say, they never apply the law of the land to their conclusions anyway but it does produce a paper trail to show that you did the right thing.

[Bazooka Boo]

You can pretty much ignore everything they post on their silly little website, except for the address and registration number,

so the IPC and ICO know who it is you're filing a complaint against.

 

These clowns are just as desperate as Jackie and her RLP con...

[steve806]

Hi All

 

 

Now have photos of signage, Contractual Payment Charge and Guidelines for Appeal.

 

 

Any guidelines/comments regarding these documents that can assist my IAS appeal greatly appreciated.

 

 

kind regards

 

 

Steve

 

 

https://drive.google.com/drive/my-drive?ltmpl=drive

[steve806]

sorry, other photos attached.

 

 

https://drive.google.com/drive/my-drive?ltmpl=drive

 

 

https://drive.google.com/drive/my-drive?ltmpl=drive

 

 

https://drive.google.com/drive/my-drive?ltmpl=drive

[Bazooka Boo]

Can't view any of those links??

[ericsbrother]

use a different host for piccies so we can see them

[steve806]

Try these people. Any advice/guidance/opinions that may help with my IAS appeal greatly appreciated.

 

 

Cheers

 

 

Steve

 

 

https://drive.google.com/file/d/0B-Uftt7vvnG1WDFIWTFiTDZrOGM/view?usp=sharing

 

 

https://drive.google.com/file/d/0B-Uftt7vvnG1Y1NTeVhtVTUzbkE/view?usp=sharing

 

 

https://drive.google.com/file/d/0B-Uftt7vvnG1cU45RERjZHZFREE/view?usp=sharing

 

 

https://drive.google.com/file/d/0B-Uftt7vvnG1bnRZdEhpOUtwODA/view?usp=sharing