Parking charge query advice please
Discussion
speedyguy said:
Kevin McManus from AS Parking is not a great example to use either for or against private parking charges. He is the idiot that is taking me to court for a ticket issued in May 2015. For a car that wasn't registered until July 2015...
I've told him, and the landowner, and the solicitors, and even the courts, but it's still going ahead.
Its a private parking company go to PEPIPOO or MSE Parking fine forums.
If they are BPA then just use the advice, which means you appeal initially with the template, they decline and provide a POPLA code, you appeal to POPLA with their advice and then you win.
If they are IPC then the advice is basically to ignore everything.
If they are BPA then just use the advice, which means you appeal initially with the template, they decline and provide a POPLA code, you appeal to POPLA with their advice and then you win.
If they are IPC then the advice is basically to ignore everything.
The Surveyor said:
S11Steve said:
From experience, UKPC only have a contract with the managing agents of retail sites, not the landowners. There is a significant difference, and one that is sufficient to withstand court scrutiny and is a slam-dunk POPLA win.....
I know that the contract will be with the FM provider, but that would normally be done with the landowners authority (or it is with the ones I deal with). I wasn't aware that there was a weakness there....
MikeGoodwin said:
If they are IPC then the advice is basically to ignore everything.
I'm still submitting IAS appeals, but have yet to win one, even though the arguments are identical to a POPLA appeal which is upheld. I'm yet to have any failed IAS appeals escalated to court action though, and I'm working on the basis that they do not want their scam appeals system exposed or highlighted in front of a judge.The cases against me that are getting to a court are all from IPC members via Gladstones, but pre-date their IPC membership.
DM79 said:
Thank you for all the information, I spoke with the manager of M&S today and whilst he said he couldn't help immediately he did say if we had any difficulty with the appeal he would try and help our case. So that's one positive. The next step is to appeal to the parking company and escalate to POPLA if needs be.
Watch this space.
I would suggest that M&S (or the retail park) have signed an agreement and T&C's as to who they can and cannot ticket and why or why they can't ticket offending vehicles. I would hazard a guess that not clearly displaying the Blue Badge fully would put you within the ticketing parameters.Watch this space.
The ticket operator may well see M&S saying cancel this ticket as lost revenue and might take the view that they were 100% correct to issue the ticket and it was within the parameters that have been set for them.
I hate the private parking guys but appreciate that by and large there is a need for them.
On this occasion, if the expiry date was not clearly displayed as has been accepted, they may have a case to ticket you; trying to force you to pay is a different matter altogether.
If it was me i'd shred the ticket, ignore all future correspondence, and that would be it. Chance of them chasing you through the courts very slim. Chances of court action baring in mind the circumstances.....very, very, very slim; IMHO of course.
7795 said:
I hate the private parking guys but appreciate that by and large there is a need for them.
No, there really isn't. The private parking law does not cover Northern Ireland or Scotland, and there is no significant problem in either of those places. It is nothing more than extortion7795 said:
Chances of court action baring in mind the circumstances.....very, very, very slim; IMHO of course.
50,000 court cases per year from around 3m DVLA requests would indicate something more than a slim chance. Especially now that the industry has SCS Law, BW Legal, LPC law and Gladstones Solicitors all itching for a slice of the litigation pie, they are taking on more and more historic cases.S11Steve said:
speedyguy said:
Kevin McManus from AS Parking is not a great example to use either for or against private parking charges. He is the idiot that is taking me to court for a ticket issued in May 2015. For a car that wasn't registered until July 2015...
I've told him, and the landowner, and the solicitors, and even the courts, but it's still going ahead.
He seems to be deluded and irrational. Hopefully the judge will see this in your case and send him packing.
With a wasted costs order in your favour. It would be even better if he could be declared a vexatious litigant.
S11Steve said:
MikeGoodwin said:
If they are IPC then the advice is basically to ignore everything.
I'm still submitting IAS appeals, but have yet to win one, even though the arguments are identical to a POPLA appeal which is upheld. I'm yet to have any failed IAS appeals escalated to court action though, and I'm working on the basis that they do not want their scam appeals system exposed or highlighted in front of a judge.The cases against me that are getting to a court are all from IPC members via Gladstones, but pre-date their IPC membership.
Except of course the government which is in a position to do something about it but is content to remain wholly indifferent.
I doesn't want to admit it was hoodwinked by the industry over PoFA 2012 and then compounded matters by allowing competing ATAs.
Thereby giving a huge impetus for a race to the bottom by the scummiest element of the industry.
S11Steve said:
7795 said:
Chances of court action baring in mind the circumstances.....very, very, very slim; IMHO of course.
50,000 court cases per year from around 3m DVLA requests would indicate something more than a slim chance. Especially now that the industry has SCS Law, BW Legal, LPC law and Gladstones Solicitors all itching for a slice of the litigation pie, they are taking on more and more historic cases.Meanwhile it gets to bill PPCs for claims they don't have a hope in hell of winning when robustly challenged.
The two principals are laughing all the way to the bank. You couldn't make it up.
How long before the judiciary makes a concerted stand against valuable court time being wasted in this way?
I can't see any mention in here so far that the Badge is not valid anyway. They have to be shown picture side down. Dates and numbers etc are on the opposite to what is on view here.
This rule is written on the badge itself, so as displayed, it is as good as not having one I'm afraid.
I can't see it being overturned (the ticket, not the badge lol) in this case.
This rule is written on the badge itself, so as displayed, it is as good as not having one I'm afraid.
I can't see it being overturned (the ticket, not the badge lol) in this case.
Update time. UKPC came back today with their decision on the appeal and said the ticket was issued correctly so they won't waive the parking charge.
However, they said in light of what was said in the appeal (my uncle being genuinely disabled basically) they were willing to reduce the charge to £15! With card processing fee that makes a total of £16.50. In my book that's a result and my mum and uncle just want it out the way so the fine has been paid. If it hadn't been reduced I'd have definitely appealed through POPLA.
Cheers for all the advice people, it was greatly appreciated.
However, they said in light of what was said in the appeal (my uncle being genuinely disabled basically) they were willing to reduce the charge to £15! With card processing fee that makes a total of £16.50. In my book that's a result and my mum and uncle just want it out the way so the fine has been paid. If it hadn't been reduced I'd have definitely appealed through POPLA.
Cheers for all the advice people, it was greatly appreciated.
TazR6 said:
I can't see any mention in here so far that the Badge is not valid anyway. They have to be shown picture side down. Dates and numbers etc are on the opposite to what is on view here.
This rule is written on the badge itself, so as displayed, it is as good as not having one I'm afraid.
I can't see it being overturned (the ticket, not the badge lol) in this case.
Thats irrelevant anyway, blue badges are not applicable to private parking. They are either disabled or not, a badge displayed the wrong way round does not make them not disabled.....This rule is written on the badge itself, so as displayed, it is as good as not having one I'm afraid.
I can't see it being overturned (the ticket, not the badge lol) in this case.
Moot point anyway due to op's recent post.
DM79 said:
Update time. UKPC came back today with their decision on the appeal and said the ticket was issued correctly so they won't waive the parking charge.
However, they said in light of what was said in the appeal (my uncle being genuinely disabled basically) they were willing to reduce the charge to £15! With card processing fee that makes a total of £16.50. In my book that's a result and my mum and uncle just want it out the way so the fine has been paid. If it hadn't been reduced I'd have definitely appealed through POPLA.
Cheers for all the advice people, it was greatly appreciated.
Win win either way, they get some money for the director's Ferraris, and your family get to avoid the hassle of defending a county court claim, after months of worrying debt collector letters. It doesn't matter that you would win in court (with the right guidance) with a small amount of costs, and thats why they usually just go for the full amount.However, they said in light of what was said in the appeal (my uncle being genuinely disabled basically) they were willing to reduce the charge to £15! With card processing fee that makes a total of £16.50. In my book that's a result and my mum and uncle just want it out the way so the fine has been paid. If it hadn't been reduced I'd have definitely appealed through POPLA.
Cheers for all the advice people, it was greatly appreciated.
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