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Private parking tickets / Re: PCN Issues Costa Coffee _ 9 Mins over Lack of signage
« on: May 23, 2024, 11:06:30 am »Please take this as constructive criticism. It's a bit confusing when we are shown a letter and the OP says "Have hopefully found the owners of the land and sending their MD a message." It sounds like they are telling us that they have found someone to complain to and this is what they intend to send, when in fact they have actually sent it.
If it was intended for the MD of the company that owns the land, then it is totally inappropriate and it reads like an appeal to the PPC.
What I provided after that is what you should send to the PPC as an appeal. I have explained why some of the terminology you have used is wrong. You are now involved in a civil law legal process and whilst learning from mistakes is not a bad thing, when it comes to legal matters, it can be fatal to your case.
As I respond to at least 40 other cases a day, I am sometimes abrupt or even too sarcastic and for that I apologise. However, advice is freely given in an attempt to help the victims of these unfair PCNs challenge the ex-clampers that are trying to extort money from them.
Without trawling back through the thread, you are trying 4 plans. Plan A is to get the landowner to tell the PPC to cancel the PCN. Plan B (if there is still time) is to appeal to the PPC. Plan C (if Plan B is unsuccessful) is to appeal to the PPCs independent appeals service. Plan C is only possible if Plan B has been actioned.
Plan D is if/when this goes as far as a court claim. That is very often the best plan as it involves a trully independent arbiter, a judge, to decide whether you owe the PPC a debt for an alleged breach of contract.
Every step of the way you will be advised on what you need to do and what you can ignore. It is a process and we are experienced in what goes on and why.
The charge is initially £100 reduced to £60 if paid, uncontested, within 14 days. After 28 days they will usually add on a fake £60-£70 as "debt recovery fees". If it goes to a court claim it will go to £160/£170 + interest at 8%/annum calculated at a flat rate on a daily basis from day 28 plus a £35 court fee and £50 fixed legal costs. Expect a claim for around £250.
If it went to hearing and you lost, it is likely to be less than that because, as long as you behaved reasonably in the process, the judge should disallow the fake added DRA/damages fee and also any interest. In reality, if you were so unfortunate as to lose at that stage, you'd owe less than £200. Even after losing at a hearing, you would be in no danger of getting a CCJ. As long as the CCJ is paid within 30 days of judgment, there is no record of it on your credit file. It is completely expunged.
We are a long way off from that scenario, should it ever get that far. What these scammers rely on is their victims being that low-hanging fruit that will capitulate at the first signs of legal action and end up paying more than if they were to go to court and lose. That or their victims just failing to do anything and then they get a CCJ by default.
The number that actually fight these charges through this and the MSE forum are tiny in the overall scheme of things. Most have no idea about the civil litigation process and their rights. This is where we come in and do it without charge in our spare time.
Until the Government finally bring in the Parking on Private land (Code of Practice) Act 2019, this is the only way that this unregulated industry is going to face any resistance. Even then, it is likely that there'll need to be independent resistance to the PPCs.
Thanks for this and I appreciate the help from the forum.
The letter was sent to the PPC not the owner of the land and yes it was an appeal as i also asked for POPLA number if they reject the appeal. I am currently awaiting a response from the owner. Plan B was the appeal that they ignored. So do I go to the BPA and say they ignored my appeal and didnt even respond to it or just keep waiting to see what happens. I have tried to follow the process but they have failed to follow their own stipulated appeals process.