Parking charge appeal
Author
Discussion

DaGuv

Original Poster:

451 posts

229 months

Monday 6th March 2023
quotequote all
Got a parking charge from a private company back in Jan. sent an appeal twice via email and had no response. Now got a debt recovery letter. What are my options? The charge was from a private company. Awful signage and charge notice wasn’t sent within 14 days.

48k

16,252 posts

171 months

Monday 6th March 2023
quotequote all
A parking charge invoice from a private parking company doesn't have to be sent within 14 days.

DaGuv

Original Poster:

451 posts

229 months

Monday 6th March 2023
quotequote all
Ok fair one but the signage was poorly lit. And other issues.

ConnectionError

2,240 posts

92 months

Monday 6th March 2023
quotequote all
DaGuv said:
Ok fair one but the signage was poorly lit. And other issues.
What issues, and whats wrong with the signage?

DaGuv

Original Poster:

451 posts

229 months

Monday 6th March 2023
quotequote all
Lighting, you can’t see the tariffs properly at night. All evidence sent to the company.

Sebring440

3,074 posts

119 months

Monday 6th March 2023
quotequote all
DaGuv said:
Lighting, you can’t see the tariffs properly at night. All evidence sent to the company.
Of course you can, if you shine a torch at it.

You've got two hopes, Bob Hope and....

Short Grain

3,423 posts

243 months

Monday 6th March 2023
quotequote all
I thought the appeal, done through their website, paused the process.? You said by email, did you use the online appeals process indicated on the notice? A random email probably wouldn't pause it. Stand to be corrected of course.

DaGuv

Original Poster:

451 posts

229 months

Tuesday 7th March 2023
quotequote all
I did the appeal as per the original PCN via email.

kiethton

14,497 posts

203 months

Tuesday 7th March 2023
quotequote all
Ignore everything, the debt recovery letter is likely just a "scary" letterhead from the same people/related party.

Only stop filing letters from them in the bin when you get a court summons (incredibly unlikely), at which point you can highlight the unanswered appeal and all of the initial appeal points

vikingaero

12,279 posts

192 months

Tuesday 7th March 2023
quotequote all
48k said:
A parking charge invoice from a private parking company doesn't have to be sent within 14 days.
WHAT?! The PPC needs to send their invoice within 14 days if they are relying on POFA to pursue the Registered Keeper.

I presume the OP, did the PPC appeal. Did you get a POPLA appeal code?

The new way to handle these invoices is to always appeal at the RK and NEVER admit you are the driver. Lots of advice and templates you can butcher on MSE/Pepipoo.

Trax

1,584 posts

255 months

Tuesday 7th March 2023
quotequote all
48k said:
A parking charge invoice from a private parking company doesn't have to be sent within 14 days.
POPLA 2012 seems to disagree with you....

4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(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.

surveyor_101

5,069 posts

202 months

Tuesday 7th March 2023
quotequote all
DaGuv said:
Got a parking charge from a private company back in Jan. sent an appeal twice via email and had no response. Now got a debt recovery letter. What are my options? The charge was from a private company. Awful signage and charge notice wasn’t sent within 14 days.
The signage will have to past the test applied in Beavis V Parking Eye 2015.


How was the appeal sent? Do you have record. I would just email the DC saying my appeal was not responded etc


In terms of the 14 days they have to issued the letter within in 14 days, the delay in postage is not there risk so was the notice dated within the 14 days?


I would respond most of these ignore anything isn't a payment, many send letter after letter your in this for long haul, don't pay!


Zeugirdor

72 posts

93 months

Tuesday 7th March 2023
quotequote all
DaGuv said:
Got a parking charge from a private company back in Jan. sent an appeal twice via email and had no response. Now got a debt recovery letter. What are my options? The charge was from a private company. Awful signage and charge notice wasn’t sent within 14 days.
Stop and visit the money savings experts forums for advice. They have a lot of legal minded individuals and tons of appeals / templates and instructions that you should follow. Use Google to search for your specific scenario and add the site for ease of research/navigation, e.g. "how to fight pcn, site:www........"

https://forums.moneysavingexpert.com/discussion/48...

Edited by Zeugirdor on Tuesday 7th March 10:23

surveyor_101

5,069 posts

202 months

Tuesday 7th March 2023
quotequote all
Zeugirdor said:
Stop and visit the money savings experts forums for advice. They have a lot of legal minded individuals and tons of appeals / templates and instructions that you should follow. Use Google to search for your specific scenario and add the site for ease of research/navigation, e.g. "how to fight pcn, site:www........"

https://forums.moneysavingexpert.com/discussion/48...

Edited by Zeugirdor on Tuesday 7th March 10:23
The OP already appealed and if he has admitted who the driver is we don't know if he identified the driver and therefore maybe not able to rely on POFA.

Not much he can do other than chase up the appeal communicate that to the DC and not pay.

MSE are ok but you have to read and understand the basics and their appeal template is no good now.

DaGuv

Original Poster:

451 posts

229 months

Tuesday 7th March 2023
quotequote all
I haven’t identified who the driver is?

Zeugirdor

72 posts

93 months

Tuesday 7th March 2023
quotequote all
DaGuv said:
I haven’t identified who the driver is?
Based on my legal background and personal experience handling both PCNs and CCJs, I recommend referring to the information available on the Money Saving Expert forum, which may be relevant and useful in your particular case. It is still up to date and I last checked in January this year.

It's important to conduct thorough research to ensure you are fully informed. PH may not be the most suitable platform for seeking guidance on these matters. I suggest exploring legal-specific forums such as Legal Beagles.

That's my two cents.

48k

16,252 posts

171 months

Tuesday 7th March 2023
quotequote all
vikingaero said:
48k said:
A parking charge invoice from a private parking company doesn't have to be sent within 14 days.
WHAT?! The PPC needs to send their invoice within 14 days if they are relying on POFA to pursue the Registered Keeper.
Yes, you're right, if they are relying on Protection of Freedoms Act 2012.
If not, then in accordance with the DVLA and BPA rules, charges can be issued up to seven months from the date of the parking contravention.
I'm just going through this very thing with CP Plus at the moment.

vikingaero

12,279 posts

192 months

Tuesday 7th March 2023
quotequote all
48k said:
vikingaero said:
48k said:
A parking charge invoice from a private parking company doesn't have to be sent within 14 days.
WHAT?! The PPC needs to send their invoice within 14 days if they are relying on POFA to pursue the Registered Keeper.
Yes, you're right, if they are relying on Protection of Freedoms Act 2012.
If not, then in accordance with the DVLA and BPA rules, charges can be issued up to seven months from the date of the parking contravention.
Just to clarify 48k isn't wrong either - MANY PPCs will send their invoices after the 14 days knowing full well that many people will cave in and pay the invoice for fear of "debt collectors/CCJs/credit record".

surveyor_101

5,069 posts

202 months

Tuesday 7th March 2023
quotequote all
vikingaero said:
Just to clarify 48k isn't wrong either - MANY PPCs will send their invoices after the 14 days knowing full well that many people will cave in and pay the invoice for fear of "debt collectors/CCJs/credit record".
Agreed the model of most of these companies is spend as little cash as possible to parking management and issue as many charge notices as poss, even when no clear breach has taken place. Then hanging their hat on the 'Beavis Case' pursue you aggressively for monies with many threatening letters and hope the threat of ruining your credit file makes you cough up.


The bullying to pay is a tried and tested model, just look at the BBC and TV Licencing, its almost the same methods used.