24-05-2014, 07:25 PM
So we all drive a fair bit and as such, its pretty much inevitable that we may get private parking charges occasionally so i thought i would put together a little guide on telling these cowboys to stick it.
So firstly, the difference between a private parking charge and a council parking fine. Notice i didn't call the private one a fine? Thats because legally any private company can not issue a fine and if a private company call it a fine even once, you then have the right to automatically have the charged cancelled and if you want to, report them to the BPA (British parking association) for insinuating its a legally binding fine. Anyway, the difference. Any public street parking is almost guaranteed as council. Some multi stories and shopping centre car parks are as well. Most of the time, private charges arise from shopping estates, private housing estates and pretty much any private area such as office car parks. The simplest way to tell is when the NTK comes through (notice to keeper) which are the first document issued if ANPR was in use on the car park). If you get a thing stuck on your window from a prat walking around the car park, this is a NTD (Notice to driver) and then the second document you will get will be through the post which is your NTK. Check the company first. If its a council, DO NOT IGNORE IT! The only way out of it is to appeal which I'm not going to go into now. If its a company such as euro car parks or Parking Eye, its a private company.
Surely i just ignore it?
No!! Not any more. Since a change of The Protection of Freedoms Act 2012 (TPoFA), this means that the PPC (Private parking company) Can legally pursue the registered keeper of the car (the name on the log book). In 99% of our cases, this is us anyway however i was stuck with a different problem when i recently got a ticket in my work car. The registered keeper is the lease company who automatically refer the PPC to my company as being the driver at the time. This then means the PPC are legally entitled to chase my company for the bill which most companies don't want.
So since the change in TPoFA, what to do now? Appeal!
Appeal on what grounds?
Well, most of the time if we park at, for example a shopping complex and get a ticket, 99% of the time we are in the wrong but this is still no reason to pay up. With my situation, i was parked over the maximum allowed time by 15 minutes. and ECP wanted to charge me £90 for the privilege of this. Now, the BPA guidelines state that the fine can be no more than a fair representation of the estimated losses of the land owner. This is your biggest argument. You should state in your appeal that the speculative invoice they have kindly presented you does not represent the losses of the land owner. Type this out in a rather forceful manner to the PPC and DEMAND a POPLA code should they deny the appeal.
What is POPLA
Parking on Private Land Appeals was launched shortly after the change in TPOFA in order to give people like us a fair representation against PPCs who do not follow the strict guidelines set out by BPA.
My appeal to the PPC was denied. Now what?
Providing you demanded a POPLA code and they provided it, go to the POPLA website and raise a appeal with your code using your argument. Find any arguments as possible ( a quick google will bring up loads of things they have to adhere to. Signage regulations, how the letters are worded, their response to your appeal etc) and build your case. I can pretty much confirm your PCN will be canceled at this stage.
My POPLA appeal was denied. Now what?
If in the unlikely event your POPLA appeal is denied, you have several options but the best in my opinion is kick up a fuss. Take for example my situation where i was parked in a Wickes car park for too long. I went through appeals etc however due to the fact my lease company sat on the letters for a while, i was too late for a POPLA appeal or even a direct appeal to the PPC. So kick up a fuss to the store! On the day of my "offence", i was parked over the stipulated time but i was spending quite a considerable amount of money there. So, i went on www.ceoemail.com and found the emails address of the CEO of Wickes and emailed him stating my issue and that i would be forced to not use their stores again if they don't intervene. Half hour later, the invoice was cancelled
What if it still hasn't been cancelled?
Well, you are unbelievably unlucky but now is the point to take some better help which can be found here:
http://forums.moneysavingexpert.com/foru...order=desc
These guys really do know what they are doing and will get you out of it.
Your other option is to just start ignoring it. As you can see from the FOI requests attached, barely anyone has been taken to court by these cowboys and even then, these FOIs only show papers served. Not actual court hearings.
The only time when you should not ignore letters is when actual court papers are served to you and even then, phone your local sherifs office and check they are legitimate because it has been known for very convincing fakes (much like these PCNs they issue) to be sent by the PPC which are not legally binding. If court papers are served, seek help from the guys on that forum!
Tips
DO NOT ignore genuine court papers
DO ignore any debt collectors. They can't turn up on your door step and can't take your possessions. They are as powerless as the PPCs
DO look out for failings by the PPC such as incorrect/missing reg numbers and times, use of words such as fine (it isn't a fine! Its a speculative invoice!)
DO do your research when appealing. Its almost guaranteed that the PPC will deny the appeal on some bull shit grounds. Look at the BPA code of practice for help on what they can and can't do.
DO NOT ignore real council or police parking fines
DO be pushy in your emails and show your assertiveness. It does make a difference so don't be soft because they will walk all over you. Show you know what your on about with references to the BPA code of practice and TPOFA
DO always use email for contact or get proof of postage if sending letters. Always have proof of a reply sent
DO NOT acknowledge the "debt collectors". If you really are worried about them, send them a simple message saying you deny any charge and to refer it back to their client. They HAVE to leave you alone then.
DO threaten the PPCs with charges for your time in dealing with the matter
DO NOT WORRY! These cowboys rely on people being scared into believing they are fines by using big bold lettering and big boy words. They have no more legal standing than a charge i have written up on a piece of used toilet paper.
Can someone move this to guides. I put it in the wrong section
So firstly, the difference between a private parking charge and a council parking fine. Notice i didn't call the private one a fine? Thats because legally any private company can not issue a fine and if a private company call it a fine even once, you then have the right to automatically have the charged cancelled and if you want to, report them to the BPA (British parking association) for insinuating its a legally binding fine. Anyway, the difference. Any public street parking is almost guaranteed as council. Some multi stories and shopping centre car parks are as well. Most of the time, private charges arise from shopping estates, private housing estates and pretty much any private area such as office car parks. The simplest way to tell is when the NTK comes through (notice to keeper) which are the first document issued if ANPR was in use on the car park). If you get a thing stuck on your window from a prat walking around the car park, this is a NTD (Notice to driver) and then the second document you will get will be through the post which is your NTK. Check the company first. If its a council, DO NOT IGNORE IT! The only way out of it is to appeal which I'm not going to go into now. If its a company such as euro car parks or Parking Eye, its a private company.
Surely i just ignore it?
No!! Not any more. Since a change of The Protection of Freedoms Act 2012 (TPoFA), this means that the PPC (Private parking company) Can legally pursue the registered keeper of the car (the name on the log book). In 99% of our cases, this is us anyway however i was stuck with a different problem when i recently got a ticket in my work car. The registered keeper is the lease company who automatically refer the PPC to my company as being the driver at the time. This then means the PPC are legally entitled to chase my company for the bill which most companies don't want.
So since the change in TPoFA, what to do now? Appeal!
Appeal on what grounds?
Well, most of the time if we park at, for example a shopping complex and get a ticket, 99% of the time we are in the wrong but this is still no reason to pay up. With my situation, i was parked over the maximum allowed time by 15 minutes. and ECP wanted to charge me £90 for the privilege of this. Now, the BPA guidelines state that the fine can be no more than a fair representation of the estimated losses of the land owner. This is your biggest argument. You should state in your appeal that the speculative invoice they have kindly presented you does not represent the losses of the land owner. Type this out in a rather forceful manner to the PPC and DEMAND a POPLA code should they deny the appeal.
What is POPLA
Parking on Private Land Appeals was launched shortly after the change in TPOFA in order to give people like us a fair representation against PPCs who do not follow the strict guidelines set out by BPA.
My appeal to the PPC was denied. Now what?
Providing you demanded a POPLA code and they provided it, go to the POPLA website and raise a appeal with your code using your argument. Find any arguments as possible ( a quick google will bring up loads of things they have to adhere to. Signage regulations, how the letters are worded, their response to your appeal etc) and build your case. I can pretty much confirm your PCN will be canceled at this stage.
My POPLA appeal was denied. Now what?
If in the unlikely event your POPLA appeal is denied, you have several options but the best in my opinion is kick up a fuss. Take for example my situation where i was parked in a Wickes car park for too long. I went through appeals etc however due to the fact my lease company sat on the letters for a while, i was too late for a POPLA appeal or even a direct appeal to the PPC. So kick up a fuss to the store! On the day of my "offence", i was parked over the stipulated time but i was spending quite a considerable amount of money there. So, i went on www.ceoemail.com and found the emails address of the CEO of Wickes and emailed him stating my issue and that i would be forced to not use their stores again if they don't intervene. Half hour later, the invoice was cancelled
What if it still hasn't been cancelled?
Well, you are unbelievably unlucky but now is the point to take some better help which can be found here:
http://forums.moneysavingexpert.com/foru...order=desc
These guys really do know what they are doing and will get you out of it.
Your other option is to just start ignoring it. As you can see from the FOI requests attached, barely anyone has been taken to court by these cowboys and even then, these FOIs only show papers served. Not actual court hearings.
The only time when you should not ignore letters is when actual court papers are served to you and even then, phone your local sherifs office and check they are legitimate because it has been known for very convincing fakes (much like these PCNs they issue) to be sent by the PPC which are not legally binding. If court papers are served, seek help from the guys on that forum!
Tips
DO NOT ignore genuine court papers
DO ignore any debt collectors. They can't turn up on your door step and can't take your possessions. They are as powerless as the PPCs
DO look out for failings by the PPC such as incorrect/missing reg numbers and times, use of words such as fine (it isn't a fine! Its a speculative invoice!)
DO do your research when appealing. Its almost guaranteed that the PPC will deny the appeal on some bull shit grounds. Look at the BPA code of practice for help on what they can and can't do.
DO NOT ignore real council or police parking fines
DO be pushy in your emails and show your assertiveness. It does make a difference so don't be soft because they will walk all over you. Show you know what your on about with references to the BPA code of practice and TPOFA
DO always use email for contact or get proof of postage if sending letters. Always have proof of a reply sent
DO NOT acknowledge the "debt collectors". If you really are worried about them, send them a simple message saying you deny any charge and to refer it back to their client. They HAVE to leave you alone then.
DO threaten the PPCs with charges for your time in dealing with the matter
DO NOT WORRY! These cowboys rely on people being scared into believing they are fines by using big bold lettering and big boy words. They have no more legal standing than a charge i have written up on a piece of used toilet paper.
Can someone move this to guides. I put it in the wrong section
Team Eaton
1999 China Blue 306 GTi6 - Eaton Supercharged - 214.5bhp 181lbft
1999 China Blue 306 GTi6 - Eaton Supercharged - 214.5bhp 181lbft