Author Topic: Smart Parking Ticket Holy Trinity Church Newquay  (Read 62 times)

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Driver123

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Smart Parking Ticket Holy Trinity Church Newquay
« on: October 01, 2024, 12:31:18 pm »
Hi,

I am looking for some advice before appealing a parking ticket that I have received.

I am not the registered owner of the vehicle as it is a leased vehicle, the fine has already been paid by the lease company at a reduced rate of £60 from £100. They have also charged me £30 admin fee as this the the leasing T&Cs.

I arrived at the car park at 11.09 on 07/09/2024 paid for the parking using RingGo at 11.13 for 3 hours at £4.70 so I had until 14.13. I left the car park at 14.20 so essentially 7 minutes late and this was because I had a baby with me and they needed to use the potty in the car so we were delayed leaving slightly but we were back to the car on time.

What is the best approach for me to appeal this ticket as surely I am due a grace period and will it impact that the fine essentially has already been paid.

Thanks

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b789

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Re: Smart Parking Ticket Holy Trinity Church Newquay
« Reply #1 on: October 01, 2024, 02:08:22 pm »
You cannot appeal the PCN. The morons at the lease/hire company have admitted liability by paying the PCN.

It is not and never was a "fine". If the lease company has referred to it as such, they are mistaken.

Which lease company? What EXACTLY does your lease agreement say about parking charges from unregulated private companies?

The lease company should have simply transferred liability to you, the "Hirer" as required under PoFA 2012. They have failed to do so. A Parking Charge Notice (PCN) from an unregulated private parking company (PPC) is not a "fine" or a "penalty" and no "offence" has been committed. The PPC is not an "authority" of any sort that can issue "fines" or "penalties". "Penalties" or "fines" can only be issued by "authorities" such as councils or the police for breaches of statutory and/or criminal law.

PPCs can only issue "invoices" for alleged breaches of civil law. Is the lease company a member of the BVRLA?

Did the lease company send you a copy of the Notice to Keeper (NtK) they received and moronically tell you that if you successfully appeal the "fine" they will refund you? They are shamefully stupid if they have done this and breached your consumer rights.

Please answer the questions I've asked in this post and we can then advise on what options you have to try and recover the money they are extorting from you for their own blunder. As far as the PPC is concerned, they are laughing all the way to the bank and are not a part of this process any more.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Driver123

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Re: Smart Parking Ticket Holy Trinity Church Newquay
« Reply #2 on: October 01, 2024, 09:58:50 pm »
Hi,

The lease company is Santander consumer contract hire.

Yes they are a member of the BVRLA.

Below is what they have emailed me.

“As the fine has now been paid on your behalf, there is nothing for you to do as the fine value and the administration fee will be taken by direct debit. Details are also provided on the invoice that will be sent to you in the post.

Formal grounds on which you may make an appeal are detailed on the notice via the hyperlink above. For your convenience, we have attached a third-party permission letter which you must enclose with any correspondence you send to the Issuing Authority, this will allow the authority to liaise directly with you. Should you be successful, please forward your cancellation notice to us and we will issue a refund to you via the Direct Debit bank details we hold for you on our system.

If your appeal to the Issuing Authority is rejected, depending on the membership of the Issuing Authority; you may be able to take a further appeal to either POPLA or the IAS.

If the Issuing Authority is a member of the “British Parking Association” (BPA) then under the provisions of the BPA you are entitled to make an appeal to POPLA within 28 days of the PCN issue date (https://www.popla.co.uk/). POPLA is an independent service free to all motorists who want to appeal against a Parking Charge Notice.

If the Issuing Authority is a member of the “International Parking Community” (IPC) then under the provisions of the IPC you may be entitled to make an appeal to the Independent Appeals Service (IAS) within 21 days of the PCN issue date (https://www.theias.org/ ). The IAS is Certified Alternative Dispute Resolution provider administered by the IPC.

If you have any further questions, please get in touch using the details below – we would be happy to help.”

They have sent me a letter of authorisation so that I can appeal the claim but as mentioned they state they already have paid this and will charge me as well as the admin fee.

What steps can I take next?

b789

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Re: Smart Parking Ticket Holy Trinity Church Newquay
« Reply #3 on: October 02, 2024, 01:01:05 am »
And what does your lease agreement say about “parking charges”? We need to know the clause detail. It is very important.

That letter you have shown is is proof of a gross error on their part and a distinct lack of knowledge of the difference between Penalty Notices and Parking Charge Notices.

I will put together a response for you tomorrow for that letter which implicates them in their own breach of your consumer rights and probably the lease agreement, which well know once you show us the actual terms.

In the meantime, have a read of this ongoing thread where Hertz have done exactly the same thing as in your situation:

https://www.ftla.uk/private-parking-tickets/ev-charging-mcdonalds-fine/
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain