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Parking fine - student in need of legal advice - Domestos_WC

Hi all, I need an urgen advice due to parking fine I received... I tried to appeal, so copy and paste:

My message sent to Recovery Service:

Dear Sirs,

I would like to appeal according to your notice of intended litigation. I contacted the UK Parking Contol, but they said this was no more their issue and I should appeal directly to you.

08/11/2012 I parked at Curzon Street, private parking (UK Parking Control LTD). I bought a ticket and displayed it on the dashboard. Unfortunately the wind (probably) turned the ticket up-side-down when I closed the door, so I got a penalty notice on my windshield. I asked parking officer for an advice, he advised me to appeal and UK Parking Control would cancel it. I visited their website and appealed online, but the Online Appeal Form didn't work (505 error etc, probably deliberately). Therefore I found another contact form (for UKParking Company Clients) and sent my appealance, but there was no option to attach any document (I wanted to attach a photocopy of my valid parking ticket). I asked them about their email address or any contact details where I could send it, but there was no response. I was waiting for the response for 2 months. Few days ago I received a letter from "Debt Recovery Plus Ltd" stating that the amount outstanding is now £150. I called you and explained that I had received no response after my appealance, but their advisor stated that they had sent me an answer and I had 35 days to send a proof that I had had a valid parking ticket at 08/11/2012. This is interesting, because I have received no letter. Your advisor states that now I should claim UK Post Office as I have not received any letter. Anyway, this kind of formal letter should be sent with "recorded delivery", then I would sign a statement that I have received it.


The UKParking Control effectively prevents any form to contact them. What is interesting, the Online Appeal Form still does not work (the same "505 error").

Please see a photocopy of the valid parking ticket attached below.

I would like to emphasize that a formal letter should be send with "recorded delivery" option - then I would have a chance to prove that I received it and the letter was send directly to me.

Thank you for your time.

Best regards,

XYZ

Here is their answer:

Thank you for your email.

I have carefully reviewed the case and considered the various points which have been raised.

However, I will not be able to cancel the Parking Charge Notice (PCN).

The area in question is reserved for drivers with valid pay and display tickets; with such clearly and correctly displayed.

There are clear and sufficient signs warning drivers that should they park their vehicle, without a valid pay and display ticket clearly and correctly displayed, then this could result in a PCN being issued.

On 8 th November 2012, there was no such valid pay and display ticket clearly and correctly displayed, in contravention of the terms and conditions of the site.

As such, a PCN was correctly and legitimately issued.

Please find attached photographic evidence taken at the time of the contravention.

Regarding an appeal, a response was sent on 21 st November 2012.

Under Protection of Freedoms Act 2012, Schedule 4, Conditions that must be met for purposes of paragraph 4:

S (8)(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

In light of the above, while I appreciate that you claim not to have received this correspondence, under the Protection of Freedoms Act 2012, such is, without evidence of the contrary, presumed delivered.

I understand that this is not the desired outcome. However, unless further evidence is provided, the decision on this matter is final. Furthermore, while any further correspondence contesting the decision will be noted and filed, I cannot assure you of a response unless fresh evidence is provided that would have a bearing on the decision.

However, as a gesture of goodwill, while I cannot waive the entire amount, I would be willing to accept £90.00 (reduced from £150.00) in full and final settlement.

I will place the account on hold for 14 days to allow time for payment to be made.

However, if no payment is received within this period, the full amount of £150.00 will become due and the matter will be passed on to our solicitors for further action to be considered.

Regards

What can I do now? Why do I have to pay a full outstanding amount if I haven't received any answer for my appelance? I am full-time student, I pay my tuition by myself (working part-time) and every pound is gilt-edged to me...:(

Thank you for your time!

Parking fine - student in need of legal advice - Icey

Ignore them. You owe them nothing if you paid at the time. They've lost nothing. Private companies cannot fine you.

For more information visit www.pepipoo.com. Have a read through the private parking forums and you'll find all the information you need to realise that this is the same as receiving an email from Nigeria.

Parking fine - student in need of legal advice - Domestos_WC

Are you sure about it? Statute says that when I park at their premises I automatically start a contract between me and them... I will try to find more in the link, thank you!

To be honest, another problem is that I found it hard to interprate legal aspects, I am international student from Poland, law language is hard to interprete when your English is not native. I will try it, if anyone got any other idea, please help me. I really appreciate it!

Parking fine - student in need of legal advice - Bromptonaut

The company concerned are members of the British PArking Association approved operator scheme. AS such, should you wish to play it that way, you can appeal to an independent organisation www.popla.org.uk/makinganappeal.htm#grounds. It seems however that they're not prepared to entertain 'paid but not displayed' appeals.

Persoanlly I'd ignore the correspondence and bluster. BUT if they issue a proper County Court summons you must respond. The County Court is the English court that deals with straightforward and low value cases about money owed. It's not a police or criminal court; it's job is to decide liability.

If you get a summons fill in and return the defence form and wait for a hearing date. It'as not likley to be in a court as such, just round a table in the judge's office.

If it gets that far come back for more advice.

Parking fine - student in need of legal advice - daveyjp
My wife has received a £100 speculative parking invoice today.

The disease is spreading as she also received a similar speculative invoice for £85 from a company as there was no label on a package she sent them. The requirement to attach a label is in their 80 terms of business clauses, no label means an £85 charge.

Both will be ignored.

Edited by daveyjp on 30/01/2013 at 19:03

Parking fine - student in need of legal advice - Sancho Panza

Best trhing you can do with any 'parking charge notice' or similar from a private parking company is to ignore it - they are pretty much unnenforceable.

My wife and I have had several of these from car park scammers in retail parks and the like, where time limits such as 2hours are enforced through ANPR. Ignored them all and get a few follow up letters trying to ramp up the pressure, then they give up.

They would have to take you to court and prove that their losses justified the charge, which they won't be able to do. If you have proof that you paid then they have lost nothing.