floggit

Parking tickets

Recommended Posts

My works carpark has employed a outside parking co to monitor employees park in allocated spaces ( management and grunts have different spaces) and to make sure its not used by public.

A condition of the use is to display a permit. Many people stick it to to window, many put it in place everyday. Me only working four days a week didnt want it on show on my days off. After 9 mnths i finally forgot to put it in place and got a ticket. My fault but hey ho. Approached my management and they had no interest in helping to cancel the charge for a 22yr employee. Thinking £70 is not really a justifieable amount to pay for forgetting to display a permit for one day i decided to research and fight it through the appeals process. I joined the pepipoo motoring forum and taking advice fought my case. With research i proved the ticket was not issued legally and  they had not issued a correct notice to keeper. In fact with more knowledge i proved they had failed several statutes in the protection of freedoms act 2012  ( pofa ) and several of their governing bodies code of practice and as such could not hold me liable. I never mentioned the failure to display a valid permit. I fought them on their own terms and conditions which they could not get right as required by law. My appeal was upheld and the charge cancelled.

So if you get a ticket on council or private land do not rush out and pay the reduced amount thinking if you dont it will cost more. The idea is to pay nothing. It takes some time and effort ,yes. Parking co's rely on the fact that people panic and pay, when with a little effort you can avoid paying using the law and their own procedures to your advantage.

Share this post


Link to post
Share on other sites
 

Well done you!  I once read that private carparks that issue fines aren't enforceable by law, not sure how true that is.  I'm glad you won, some wouldn't bother, but I know I would!

  • Like 1

Share this post


Link to post
Share on other sites

I haven’t had a private car parking ticket for years but a sob story email usually gets it cancelled.

“My elderly mother was late from her appointment at *******, she had a dizzy spell while we walked to the car.....I’m sure if you check the cctv you see us in the car park waiting for her to settle.”   :lol:

  • Like 1

Share this post


Link to post
Share on other sites

30 minutes ago, The-Acre said:

Well done you!  I once read that private carparks that issue fines aren't enforceable by law, not sure how true that is.  I'm glad you won, some wouldn't bother, but I know I would!

Thats correct, up to 2012 they could place a ticket for the driver on the car and hope you paid. In 2012 the Protection of Freedoms Act sched4 allows parking co's to go after the registered keeper. 

The game is to appeal as the registered keeper saying the driver passed me the ticket. Technically possible from one hand to the other. The parking co has no way to find a drivers name or address as they only ticket the car. The RK then appeals and to hold the keeper liable the parking co has to jump through a lot of legal hoops and timelines to stay within the law. The only details they can get from the dvla are the Rk details but to hold the keeper liable they have to fulfill the requirements of pofa2012  Sched4. Have a quick read! Took me about 10 tries to make sense of it but it works for both parties. As i dealt with my ticket and it had my full attention the parking co's have offices dealing with 1000's and if you know where to look they can be tripped up.

My ticket stated the car was  viewed between 10am -10.40am and they supplied me with photographic evidence of the ticket on the car. . After looking at in for about a week i realised the time stamp on the photos was 9.41am which proved the ticket was written before 10am . Pofa states the ticket must be placed on the vehicle at the END of the viewed period. Pofa is uk law so the ticket was issued falsely.No option but to cancel.

Another winning point. I appealed just before the 28day deadline saying i was registered keeper and gave them my address. Pofa states for a windscreen ticket where the driver is unknown to hold the keeper liable they have to apply to the dvla and send me a notice to keeper before 56 days pass. By giving them my address they didnt bother. By reading pofa i learnt they couldnt hold me liable. They rely on peoples lack of knowledge. Always fight most people with the right advice can get a good result.

Any tickets recieved always check they have complied with their associations code of practice and protection of freedoms act 2012  Sched4. You always get 28days fot the intial appeal.

never rush and pay.

Share this post


Link to post
Share on other sites

No companies can issue you with a fine. Only the courts and Police can issue you with a fine. What you get from a private parking company is an invoice for a breach of their rules and regulations. If you just ignore their invoice and following letters they will probably take you through the county courts which will almost certainly land you with more charges. If you still ignore whatever the court has deemed your penalty it will almost certainly be moved over to the High Court and their Bailiffs will be meeting you with a much bigger bill and believe you me they do not take no or tears as an answer.

Share this post


Link to post
Share on other sites

I beat ParkingEye through POPLA over some malicious payment they wanted from my daughter.

I used MSE site who guided me through the process

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

 

You just need a bit of patience to go through the appeal process. The beauty is that it costs these parking companies £70 (probably more now) to take it to POPLA....when you win they lose out financially. 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now