Local parking security excess charge notice

[Baggiesrbest]

Hi all

 

Am new here and have joined for some advice about a parking charge I received today.

 

 

The car park at the shopping centre where I work( Scott arms great Barr Birmingham) is run by local parking security ltd

and charges 50p per hour every day 8am till 8pm.

 

 

To be honest I think it's ridiculous anyway to charge until 8pm when there is about 10 shops and a pub( frequented by a few regulars daily)

with 2 shops being open at this time ( both betting shops)

the car park which probably caters for about 30 cars never has more than 10 in it even at weekends!

 

 

I popped home for a break around 7 arriving back at 7;20

because the place I normally park around the rear of the premises is secluded and unlit

I parked in the car park in the only space visible from my counter at work so I can keep an eye on it.

 

 

As luck would have it whilst distracted I got issued a ticket at 7;31pm despite there being 5 cars in the car park!

£85 which I feel is disgraceful

 

Would appreciate some advice in the past I know people would have said just not to pay but I know things have changed

 

Cheers Paul

[Bazooka Boo]

Hold fire until they issue a NTK (notice to keeper)

 

If what you have now was a NTD (notice to driver) ie. a ticket on the windscreen, then ignore until the NTK comes through the post,

and you can then appeal direct too them, NEVER naming the driver, just as the keeper, and they have to issue you with a POPLA code.

 

You then appeal to POPLA, and they uphold your appeal and you win, they lose.

[Baggiesrbest]

Is POPLA so cut and dry or does it depend on circumstances? I mean I believe the charge is ludicrous but will they see it the same way?

[dx100uk]

unenforceable speculative invoice.......

 

 

dx

[dx100uk]

whos the ticket from please?

 

 

dx

[Baggiesrbest]

whos the ticket from please?

 

 

dx

Local parking security ltd

[ericsbrother]

LPS dont own the land so they have to rely on a breach of the unilateral contract offered to you with the landowners permission.

 

 

They can only recover damages, ie the loss caused by your breach

so in reality the most they can claim is 50p but that doesnt stop them from inventing specious terms which are unenforceable.

 

 

As long as you use the right arguments at POPLA the other reasons (what is known as mitigation) are irrelevant

and mau cause you more bother than help so best avoided.

 

Wait until they issue a NTK, which must be with you 29-56 days after the date of the event.

 

 

Any other time and there is no keeper liability and they wont know who the driver is so they are then timed out to do anything other than make a noise.

[Baggiesrbest]

Thanks for the advice much appreciated what would be the right arguments with POPLA sorry if I'm being dense first time in this situation?

[armadillo71]

Thanks for the advice much appreciated what would be the right arguments with POPLA sorry if I'm being dense first time in this situation?

 

 

Lack of standing, not a genuine pre estimate of loss, and that the charge is a penalty.

 

 

( We are again waiting for the Beavis result... again. )

[ericsbrother]

you are a long way away from POPLA at the moment so tell us when you get the NTK through the post and see if they get their timings right. Then if they are you appeal to them and if they reject your appeal they have to give you a POPLA code. No POPLA code within 35 days of your appeal and again times out for keeper liability. The ball is in their court to prove things so dont be jumping the gun and helping their cause.

[Baggiesrbest]

you are a long way away from POPLA at the moment so tell us when you get the NTK through the post and see if they get their timings right. Then if they are you appeal to them and if they reject your appeal they have to give you a POPLA code. No POPLA code within 35 days of your appeal and again times out for keeper liability. The ball is in their court to prove things so dont be jumping the gun and helping their cause.

Brilliant thanks again will be in touch when I get the NTK

[Baggiesrbest]

Brilliant thanks again will be in touch when I get the NTK

Hi all

 

Have now had the NTK through the post dated 18th August so it seems they are in time. So am I right my next step is to appeal to them? And on what grounds do I appeal?

 

Regards Paul

[dx100uk]

anything you like

 

 

it will be rejected

you are after the popla code now

 

 

dx

[armadillo71]

anything you like

 

 

it will be rejected

you are after the popla code now

 

 

dx

 

Not anything you like.

 

You are appealing as the RK to this charge and must word the appeal so as to not identify the driver.

 

State that as Registered Keeper you are not liable for the charge.

 

The NTK does not meet the criteria of Schedule 4 of the POFA 2012.

 

You do not believe that LPS have lawful authority to issue and pursue parking charge notices at the site, so wish to see the contract with the landowner that allows them to.

 

You believe that the charge is an unlawful penalty.

 

Then state that if the charge is not cancelled then you expect a valid POPLA code.

 

(POPLA is changing hands so it is unclear how it will turn out.)

 

http://www.popla.org.uk/update.htm

[ericsbrother]

If you use the above it cannot be said that they have considered the matter properly if they dont address the points individually. However, you are likely to get a generic " the ticket was correctly issued" response with a rejection. How else can they make a dishonest living?

[Baggiesrbest]

If you use the above it cannot be said that they have considered the matter properly if they dont address the points individually. However, you are likely to get a generic " the ticket was correctly issued" response with a rejection. How else can they make a dishonest living?

 

Thanks for great advice again armadillo and Ericsbrother will submit my appeal based on your responses and post when I receive the rejection!!

 

Paul

[Baggiesrbest]

Thanks for great advice again armadillo and Ericsbrother will submit my appeal based on your responses and post when I receive the rejection!!

 

Paul

Hi all

 

I have now had the rejection as foreseen a generic letter with a popla code and appeal form. I now have to tick my reason for appealing and reasons so again advice would be appreciated. So far it seems everything is going the way you guys have predicted

 

Regards Paul

[Baggiesrbest]

Hi guys

 

I have now had the rejection from Lps as predicted a generic letter with an appeal form and popla code. I now have to tick why I am appealing with reasons so do I just use the same arguments you have outlined above? Many thanks again in anticipation

 

Paul

[armadillo71]

Hi guys

 

I have now had the rejection from Lps as predicted a generic letter with an appeal form and popla code. I now have to tick why I am appealing with reasons so do I just use the same arguments you have outlined above? Many thanks again in anticipation

 

Paul

 

 

Just tick I am not liable.

 

You can't actually make your POPLA appeal yet, just register your intention to I believe.

 

This is due to the BPA changing who runs the independent appeals service, presumably to the benefit of the PPCs...

[Baggiesrbest]

Just tick I am not liable.

 

You can't actually make your POPLA appeal yet, just register your intention to I believe.

 

This is due to the BPA changing who runs the independent appeals service, presumably to the benefit of the PPCs...

 

Thanks again do I need to state reasons or will ticking the box suffice?

 

Paul

[ericsbrother]

A good reason for appealing via the post si you dont have to limit yourself to the ticked boxes, which are designed by the BPA to limit what you can say. If you write in it is easier to point out that you are the keeper and that you are not liable wheres using the online form you can only choose motorist, which doesnt mean anything but will be interpreted how they wish and probably as driver.

[Baggiesrbest]

Hi all

 

In light of the Beavis result does that make all this dead in the water. Surely now whatever they are going to find in favour of the PPC whatever the circumstances or mitigation?

 

Paul

[dx100uk]

Go read the thread in this forum

 

Dx

[ericsbrother]

It removes one line of defence that would apply in every case but there are plenty of others as the parking co's tended to be sloppy about their paperwork a while ago and wouldnt have updated signage, contracts etc so still lots to contend.