Won ! Multiple Parking Charge Notices

[Bigsis]

Hi, just want to get your advise regarding some Parking Charge Notices. Husband has come home with several notices all addressed to the company he works for as they are the registered keeper. He has a team of engineers who are all CIS employed but all have access to the fleet of company vans, therefore, unsure who would be driving (a few have also left recently).

1) Parking Eye - PCN Reminder date of event 28/11/13 date issued 10/12/13 date of letter 19/12/13. £60 by
24/12/13 or £100 by 7/1/13.
2) UKCPS - Notification Letter 16/12/13, date of event 17/10/13 now require £100 within 14 days.
3) VCS Ltd - Notice to Keeper/Driver 20/12/13, contravention date 15/11/13, £100 to be paid by driver within 28
days or £60 by the registered keeper within 14 days from 20/12/13.
4) G24 Ltd - Contractual Parking Charge Notice 10/12/13, date of event 1/12/13, £42 within 14 days or £70
within 28 days.
5) Parking Eye - This is an old one date of event 28/6/13, received the PCN, PCN Reminder, letter to say they were
pursuing the keeper and on 20/10/13 LBC letter giving 14 days to pay £85, not heard anything
further.

All of the above have been ignored, but I know the rules have changed with regard to now appealing and that they may take you to court. The only one he could appeal is G24 Ltd, the rest are past the 28 days. Anything else he can do or just wait for their next move. Many thanks.

[mystery1]

Re: Multiple Parking Charge Notices

1) Parking Eye - PCN Reminder date of event 28/11/13 date issued 10/12/13 date of letter 19/12/13. £60 by 24/12/13 or £100 by 7/1/13.

Get an appeal in to parking eye asap. the 28 day deadline is near. This is the easiest and best way to deal with it. They usually will not allow your appeal but should give a popla appeal and a good one such as this is pretty much guaranteed to win.

Send an appeal to Parking Eye such as




Dear Sirs,




I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs. In any event the charges are penal and not a genuine pre estimate of loss.




In the event you refuse my appeal please send me a popla code. I am under no statutory obligation to name the driver and will not be doing so.




Yours etc




http://forums.moneysavingexpert.com/...67&postcount=2 show the winning points at Popla. Again i stress that mitigation is hopeless and irrelevant.

2) UKCPS - Notification Letter 16/12/13, date of event 17/10/13 now require £100 within 14 days.

See 1.

3) VCS Ltd - Notice to Keeper/Driver 20/12/13, contravention date 15/11/13, £100 to be paid by driver within 28 days or £60 by the registered keeper within 14 days from 20/12/13.

See 1.

4) G24 Ltd - Contractual Parking Charge Notice 10/12/13, date of event 1/12/13, £42 within 14 days or £70 within 28 days.

See 1.

5) Parking Eye - This is an old one date of event 28/6/13, received the PCN, PCN Reminder, letter to say they were pursuing the keeper and on 20/10/13 LBC letter giving 14 days to pay £85, not heard anything further.

If the keeper and driver are different you should check with Northampton claims centre and if no court case has started you should name the driver and when they get a notice repeat the method above.

M1

[Bigsis]

Re: Multiple Parking Charge Notices

Ok update on these:

1. Spoke to Marston Pubs head office as engineer was carrying out repairs at their pub and parked in their car park, they have agreed to get it cancelled. Do I still need to send appeal letter to PE?

2. Appeal letter sent to UKCPS

3. Appeal letter sent to VCS Ltd

4. Spoke to Banantynes as driver forgot to enter registration at reception, they agreed to get it cancelled, do I need to still send appeal letter to G24 Ltd.

5. Checked with Northampton Court customer services, they said if you have not received court papers then no action has been taken by PE yet. Advised me to contact PE to find out! Driver has left the company, do we still name the driver, he'll probably deny he was the driver.

Many thanks

[CleverClogs]

Re: Multiple Parking Charge Notices

Appeal the lot anyway and, when the appeals are rejected, take the cases to POPLA.

Each case taken to POPLA costs the parking parasites £27.

[mystery1]

Re: Multiple Parking Charge Notices

Ok update on these:

1. Spoke to Marston Pubs head office as engineer was carrying out repairs at their pub and parked in their car park, they have agreed to get it cancelled. Do I still need to send appeal letter to PE?

2. Appeal letter sent to UKCPS

3. Appeal letter sent to VCS Ltd

4. Spoke to Banantynes as driver forgot to enter registration at reception, they agreed to get it cancelled, do I need to still send appeal letter to G24 Ltd.

5. Checked with Northampton Court customer services, they said if you have not received court papers then no action has been taken by PE yet. Advised me to contact PE to find out! Driver has left the company, do we still name the driver, he'll probably deny he was the driver.

Many thanks

1. Until it's confirmed in writing, yes.
4. Until it's confirmed in writing, yes.
5. If he was the driver name him. It stops PoFA dead in it's tracks and removes keeper liability. If he denies it the registered keeper would need to convince a court on the balance of probabilities that he was the driver and if successful would stop keeper liability dead in it's tracks.

M1

[Bigsis]

Re: Multiple Parking Charge Notices

Mystery1 can I just get your opinion - the company policy was always to pay parking charges and deduct amount out of employee wages. This of course, does not give them an opportunity to appeal. All of the above parking charges have been sent to registered keeper who is the company. At my suggestion they have been ignoring but of course things have since changed. Moving forward, should they in future name the driver and let them fight it out, as that would remove keeper liability. Does that take it back to the date of the incident giving the driver a chance to appeal within 28 days ( the date of incident was 28/6/13 ) or will they say keeper should have told them earlier.

[ostell]

Re: Multiple Parking Charge Notices

If court proceedings have not been started then naming the driver, and giving a valid address, means the keeper can no longer be liable. POFA. No time limit.

[mystery1]

Re: Multiple Parking Charge Notices

Mystery1 can I just get your opinion - the company policy was always to pay parking charges and deduct amount out of employee wages. This of course, does not give them an opportunity to appeal. All of the above parking charges have been sent to registered keeper who is the company. At my suggestion they have been ignoring but of course things have since changed. Moving forward, should they in future name the driver and let them fight it out, as that would remove keeper liability. Does that take it back to the date of the incident giving the driver a chance to appeal within 28 days ( the date of incident was 28/6/13 ) or will they say keeper should have told them earlier.

They can't really name the driver as they won't know who it was. They should name the keeper of the vehicle though and let them sort it.

Once the keeper or driver is named they have to get their own notice and right to appeal etc.

M1

[zaax]

Re: Multiple Parking Charge Notices

Mystery1 can I just get your opinion - the company policy was always to pay parking charges and deduct amount out of employee wages.

This breaks employment laws - deductions can only be made with the agreement of the employee, and the employee wages can not drop be low minium wage in any case.

[CleverClogs]

Re: Multiple Parking Charge Notices

This breaks employment laws - deductions can only be made with the agreement of the employee,

There may be a clause in their contract of employment permitting such charges to be recovered from wages at a certain, set rate.

and the employee wages can not drop below minimum wage in any case.

That is hardly likely to happen.

[Bigsis]

Re: Multiple Parking Charge Notices

Latest update

1. Got letter confirming cancellation.

2, 3 & 4. Heard nothing further.

5. Well that got appealed along with the others and have had PE 5 page blurb on how great they are at winning cases but no Popla code, giving 14 days to provide further evidence. Does the company (who are the RK) name the driver (who was sacked some months ago) or should they go to Popla themselves?

The staff are sub-contractors/self employed/CIS so no contracts involved and they're on good wages so no danger of falling below the minimum wage.

[mystery1]

Re: Multiple Parking Charge Notices

5. Well that got appealed along with the others and have had PE 5 page blurb on how great they are at winning cases but no Popla code, giving 14 days to provide further evidence. Does the company (who are the RK) name the driver (who was sacked some months ago) or should they go to Popla themselves?

Personal preference. Could be easier to bin it yourself than get an ex employee to play ball. It could get messy if he denies it.

M1

[Bigsis]

Re: Multiple Parking Charge Notices

Update

VCS - acknowledged appeal and will respond within 35 days.

PE - got this cancelled
(if anyone has PCN for Crown Wharf Shopping Centre Walsall, email Nick Beckett, Regional Centre Manager,
Southern Region n.beckett@savills.com, he cancelled as a goodwill gesture as he does not want to penalise
genuine customers.)

UKCPS - appeal rejected and POPLA code supplied.
(driver was carrying out repairs at a pub and parked in what he thought was their car park at rear. After
getting PCN he rang pub and was told it was a private car park for permit holders only. Pub manager has a
permit, along with other traders and tenants of flats above shops. He said there is a sign but its up on a wall,
UKCPS issue the permits. I could not find out who owns the land. Their grounds for £100 charge is parking
without a valid permit or authority.)

I need to put together a good POPLA appeal, I realise mitigating circumstances don't stand a chance, so GPEOL, no contract, poor signage etc. I entered POPLA code onto Parking Cowboys site, it said code generated 27/1/14 2 days before the rejection letter of 29/1/14 not giving a full 28 days to appeal, appeal deadline 24/2/14. Your advise would be appreciated.

[mystery1]

Re: Multiple Parking Charge Notices

http://www.legalbeagles.info/forums/...-Appeal-Letter

Change any ppc names and the 2 lines "There was no parking charge levied, the car park is “free”. On the date of the claimed loss it was nearly empty and there was no physical damage caused. There can have been no loss arising from this incident. " should be removed if they do not apply. Everything else as is.

M1

[Bigsis]

Re: Multiple Parking Charge Notices

Hi M1

Got side tracked by a Lowell problem and 'took my eye off the ball' with this one.

Just want to check with you, can I keep the 2 lines above saying 'There was no parking charge levied and on the date of the claimed loss the car park was nearly empty etc.' (The car park was for permit holders only, no pay machines, patrolled by a warden.)

If it does not all fit onto the website, can it be emailed to them as a back-up. As its been appealed by a company should it be 'we' rather than 'I' in the appeal?

Thanks