Private parking charge notice. What’s the rules now?
Private parking charge notice. What’s the rules now?
Author
Discussion

Salmonofdoubt

Original Poster:

1,413 posts

97 months

Tuesday 30th October 2018
quotequote all
Arrived home from a weeks training yesterday to find this in my post box.



Basically I was driving home, felt tired, used m-way service area for a break and a little sleep. As it was the middle of the night it didn’t occur to me to read the various signs or time my visit.

Is it reasonable to ask me for £100(£60) or can I just pay the services their parking charge? Or as it would be impossible to use that second pic to ID me and my car should I appeal on that basis?

jonttt

686 posts

200 months

Tuesday 30th October 2018
quotequote all
They need to prove what time you left and the second pic does not appear to do that. Appeal on that basis ie ask them for prove of what time you left which they have failed to do in the letter ;-)

MikeGoodwin

3,899 posts

146 months

Tuesday 30th October 2018
quotequote all
Is the company operating under the BPA or IPC

Go to Money Saving Expert Parking Fine forums and ask there.

Your circumstance will be nothing special so read the sticky at the top. if they are BPA its easy just follow the guide... I used to bait my flat's parking company into giving me tickets, ended up with 20, all overturned through POPLA but I stopped that when they moved to the IAS.

speedking31

3,913 posts

165 months

Tuesday 30th October 2018
quotequote all
jonttt said:
They need to prove what time you left and the second pic does not appear to do that. Appeal on that basis ie ask them for prove of what time you left which they have failed to do in the letter ;-)
Both photos are timestamped confused

pavarotti1980

6,331 posts

113 months

Tuesday 30th October 2018
quotequote all
Salmonofdoubt said:
Arrived home from a weeks training yesterday to find this in my post box.



Basically I was driving home, felt tired, used m-way service area for a break and a little sleep. As it was the middle of the night it didn’t occur to me to read the various signs or time my visit.

Is it reasonable to ask me for £100(£60) or can I just pay the services their parking charge? Or as it would be impossible to use that second pic to ID me and my car should I appeal on that basis?
Do you know when it was received? This would important as ANPR PCNs need to be sent within 14 days to the Registered Keeper

dukeboy749r

3,814 posts

239 months

Tuesday 30th October 2018
quotequote all
speedking31 said:
jonttt said:
They need to prove what time you left and the second pic does not appear to do that. Appeal on that basis ie ask them for prove of what time you left which they have failed to do in the letter ;-)
Both photos are timestamped confused
I think it is based on a rather poor photo, with no visible sign of what the registration is

PurpleMoonlight

22,362 posts

186 months

Tuesday 30th October 2018
quotequote all
Salmonofdoubt said:
Basically I was driving home, felt tired, used m-way service area for a break and a little sleep. As it was the middle of the night it didn’t occur to me to read the various signs or time my visit.

Love these get out of jail free cards.

laugh

Drumroll

4,517 posts

149 months

Tuesday 30th October 2018
quotequote all
pavarotti1980 said:
Do you know when it was received? This would important as ANPR PCNs need to be sent within 14 days to the Registered Keeper
Care to quote the regulation for that one?

S11Steve

6,389 posts

213 months

Tuesday 30th October 2018
quotequote all
Drumroll said:
pavarotti1980 said:
Do you know when it was received? This would important as ANPR PCNs need to be sent within 14 days to the Registered Keeper
Care to quote the regulation for that one?
POFA 2012 Sched 4

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

Drumroll

4,517 posts

149 months

Tuesday 30th October 2018
quotequote all
Thanks for that.

Salmonofdoubt

Original Poster:

1,413 posts

97 months

Tuesday 30th October 2018
quotequote all
S11Steve said:
POFA 2012 Sched 4

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
It’s dated the 17/10 couldn’t tell you when it landed on my door mat as I was not home between 18th and yesterday.

Salmonofdoubt

Original Poster:

1,413 posts

97 months

Tuesday 30th October 2018
quotequote all
dukeboy749r said:
I think it is based on a rather poor photo, with no visible sign of what the registration is
This was my thought. I am pretty sure were this a criminal thing something more solid would be needed to identify vehicle and driver.

pavarotti1980

6,331 posts

113 months

Tuesday 30th October 2018
quotequote all
Drumroll said:
Care to quote the regulation for that one?
What Steve said ^^^^

S11Steve

6,389 posts

213 months

Tuesday 30th October 2018
quotequote all
It's issued by CP Plus, so part of the BPA trade association, and gives you access to POPLA independent appeal. This is better than being attached to the IPC and IAS network.

It doesn't comply with POFA 2012 to hold the keeper liable, and there is no obligation to identify the driver.

A simple reply back with - "this notice does not comply with the requirements of POFA 2012 in order to hold me liable as keeper. Please provide a POPLA code by return."

CP Plus don't contest all of the POPLA appeals - roughly 1 in 4 appeals are granted due to CP Plus withdrawing.

When that arrives, again a simple appeal to POPLA will get it cancelled. There is a bit more detail on this page in regards to POPLA to read in the meantime - it's reasonably level headed, and explains some legal terms in simple language - https://www.parkingcowboys.co.uk/popla/
There is also some reading on Keeper Liability too - https://www.parkingcowboys.co.uk/keeper-liability/


MSE is useful, but it's a bit of a vipers nest of egos and politics.

Edited by S11Steve on Tuesday 30th October 13:48

kestral

2,230 posts

236 months

Thursday 1st November 2018
quotequote all
Quote: "it didn’t occur to me to read the various signs or time my visit".

Who's fault is that.

Pay the fine.



zarjaz1991

6,800 posts

152 months

Thursday 1st November 2018
quotequote all
kestral said:
Quote: "it didn’t occur to me to read the various signs or time my visit".

Who's fault is that.

Pay the fine.
It's not a fine, and if the authorities want to hold us to the minutiae of the law, it's only reasonable to expect those enforcing it to be held to the same standards.

Eddieslofart

1,328 posts

112 months

Thursday 1st November 2018
quotequote all
I’d just like to point out, that while we have an ‘S11Steve’ Pepipoo is not required.

Fellas an encylopedia. cool

elanfan

5,527 posts

256 months

Thursday 1st November 2018
quotequote all
We are certainly lucky to have him. He must have helped hundreds here. Well done mate!

Salmonofdoubt

Original Poster:

1,413 posts

97 months

Friday 2nd November 2018
quotequote all
S11Steve said:
Useful info
Thanks for that, it took me a while to spot why it doesn’t comply but I have now found it and set the appeal in motion.

As for the pay the fine comment, if it was indeed a fine I would have paid it when it landed.



elanfan

5,527 posts

256 months

Friday 2nd November 2018
quotequote all
It would also be good to ask them (though ultimately a waste of time but if that’s their time then great) how you can possibly see that is your car from the photos provided. Are you supposed to just take their word for it. Do they have enhanced photos they can provide?