Parking Ticket Help

Nathan · Nov 22, 2013

Good people of NSC I need your help! Yesterday I received a parking ticket from APCOA as my valid ticket had blown off from the dashboard onto the floor. I know this is my fault, as it should be clearly visible for the parking inspector to see, but I don’t really want to pay a fine of £50 when I did actually buy a ticket.

Has anyone got any experiences of appealing this sort of ticket and if so how did you go about it.

I have searched on the internet and there seems to be different views as to what to do. Some say just ignore the ticket while others say just pay the fine. I am tempted to write to them explaining that I did have a valid ticket and was surprised to receive a fine (not mentioning that the ticket had blown onto the floor) and see what they say. I don’t really want to give them all my details either as then they can chase me for the money. I might write to them but not put me address on the letter.

What do people suggest?

Herr Tubthumper · Nov 22, 2013

Here we go LOL

Westdene Seagull · Nov 22, 2013

DO NOT IGNORE !!!!! For want of looking like a parking geek - POFA has made ignoring dangerous.

You should appeal to APCOA saying you don't believe they have the authority to charge people and to provide the evidence or a POPLA code. PM me once you have the POPLA code and I'll write your POPLA appeal for you which will get this unlawful charge cancelled.

Barrel of Fun · Nov 22, 2013

My ticket flipped when I shut the door and I appealed successfully. I'll see if I can find the letter I sent.

This was not part of my appeal, but it said place on dashboard, but didn't say which way up. Does it on your ticket?

Colossal Squid · Nov 22, 2013

I successfully appealed a ticket from the council for the exact same reason as this. I took a photocopy of the valid ticket and sent it with my letter. They wrote back and said they'd let me off this time but that in future I should be more careful to ensure the ticket is clearly visible, which is fair enough really.

A ticket from this company you're talking about however is probably less enforceable and you could probably just ignore it. The trouble is that as soon as you do write to them explaining that you did buy a ticket, you're admitting that you believe a fee was payable and then they have you by the balls saying that you've not honoured the contract you entered in with them when you parked on their land.

It's a bit of a catch 22 but personally I'd keep the ticket and ignore their requests for payment. If it ever did go all the way to court one day in the distant future, you having the original ticket that proves you paid for the parking would probably mean they found in your favour. But the chances of it ever going that far are incredibly slim anyway. They want to bully you out of money, they don't really have any legal claim to it

arewethereyet? · Nov 22, 2013

I unsuccessfully appealed against a ticket from the council in exact same circumstances, I to sent in a copy of the ticket and said that it had blown off ( which it did ), but they turned down the appeal because it did say on the ticket that it must be visible. I have also heard from friends that have won and lost in the same situation, so it would seem it depends on the day who looks at your appeal, you are either luck or unlucky !!
Good luck.

Westdene Seagull · Nov 22, 2013

Colossal Squid said:
A ticket from this company you're talking about however is probably less enforceable and you could probably just ignore it. The trouble is that as soon as you do write to them explaining that you did buy a ticket, you're admitting that you believe a fee was payable and then they have you by the balls saying that you've not honoured the contract you entered in with them when you parked on their land.

It's a bit of a catch 22 but personally I'd keep the ticket and ignore their requests for payment. If it ever did go all the way to court one day in the distant future, you having the original ticket that proves you paid for the parking would probably mean they found in your favour. But the chances of it ever going that far are incredibly slim anyway. They want to bully you out of money, they don't really have any legal claim to it

No, no, no, no, no, no, no,no, no, no,no, no, no,no, no, no,no, no, no, - do NOT follow this advice !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

And let's not confuse council tickets with private tickets - the two are completely different and not comparable.

Garage_Doors · Nov 22, 2013

Herr Tubthumper said:
Here we go LOL

Man up and pay up.

Garage_Doors · Nov 22, 2013

Westdene Seagull said:
DO NOT IGNORE !!!!! For want of looking like a parking geek - POFA has made ignoring dangerous.

You should appeal to APCOA saying you don't believe they have the authority to charge people and to provide the evidence or a POPLA code. PM me once you have the POPLA code and I'll write your POPLA appeal for you which will get this unlawful charge cancelled.

POFA, APCOA, POPLA

What is Thai language you speaks.

Colossal Squid · Nov 22, 2013

Westdene Seagull said:
No, no, no, no, no, no, no,no, no, no,no, no, no,no, no, no,no, no, no, - do NOT follow this advice !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

And let's not confuse council tickets with private tickets - the two are completely different and not comparable.

But this is NOT a council ticket, is it?

I'm saying you could ignore it just like you can technically ignore any commercial debt (assuming you even recognise this as a debt). It's not a statutory debt so they can't send bailiffs round, they can't apply for an attachment of earnings and they can't force a CCJ on you.

If however it is a council issued ticket then they can, and most probably will, take you on and you'll need to act

Westdene Seagull · Nov 22, 2013

Programme_Seller said:
POFA, APCOA, POPLA
What is Thai language you speaks.

It's called knowing the law and your rights.

Westdene Seagull · Nov 22, 2013

Colossal Squid said:
But this is NOT a council ticket, is it?

I'm saying you could ignore it just like you can technically ignore any commercial debt (assuming you even recognise this as a debt). It's not a statutory debt so they can't send bailiffs round, they can't apply for an attachment of earnings and they can't force a CCJ on you.

If however it is a council issued ticket then they can, and most probably will, take you on and you'll need to act

Actually they can get you a CCJ even though it's not a council ticket. Parking Eye ( another private parking company ) are issuing thousands of court papers and have managed to get a lot of people CCJs.

dougdeep · Nov 22, 2013

I hear of lots of people being done for the ticket not being on show, including a few on this thread. Why not check once you've locked the door?

CorgiRegisteredFriend · Nov 22, 2013

I keep a packet of blu tac in my glove compartment. A small pea sized amount applied to each corner of the ticket normally suffices and will help avoid future fines. You could try a prit stick but it tends to make a mess of the windscreen.

Vegas Seagull · Nov 22, 2013

CorgiRegisteredFriend said:
I keep a packet of blu tac in my glove compartment. A small pea sized amount applied to each corner of the ticket normally suffices and will help avoid future fines. You could try a prit stick but it tends to make a mess of the windscreen.

Do you apply it to the front or the back?

CorgiRegisteredFriend · Nov 22, 2013

Vegas Seagull said:
Do you apply it to the front or the back?

Has to be front but you need to avoid obscuring the parking details.

Muzzy · Nov 22, 2013

CorgiRegisteredFriend said:
I keep a packet of blu tac in my glove compartment. A small pea sized amount applied to each corner of the ticket normally suffices and will help avoid future fines. You could try a prit stick but it tends to make a mess of the windscreen.

I just lick the front of the ticket and it sticks to the screen just fine. Never had one fall off yet anyway

Barrel of Fun · Nov 22, 2013

Fluttering ticket is the phrase you want to look up.

http://www.trafficpenaltytribunal.gov.uk/site/scripts/documents_info.php?documentID=132&pageNumber=5

There is quite a lot about it online.

LadySeagull · Nov 23, 2013

Barrel of Fun said:
Fluttering ticket is the phrase you want to look up.

http://www.trafficpenaltytribunal.gov.uk/site/scripts/documents_info.php?documentID=132&pageNumber=5

There is quite a lot about it online.

No that's about Council tickets, so would be a waste of time. This is a fake PCN from a private firm. And a fake PCN on a windscreen should never be responded to YET unless the car isn't yours - hire/company car, for example, would need an early appeal to stop the scammers writing to the hire firm or lease co.

I am tempted to write to them explaining that I did have a valid ticket and was surprised to receive a fine (not mentioning that the ticket had blown onto the floor) and see what they say. I don’t really want to give them all my details either as then they can chase me for the money. I might write to them but not put me address on the letter.

Nope. Wait for the Notice to Keeper which is the current advice on MSE and pepipoo, then appeal as keeper about the rubbish ticket not being a genuine pre-estimate of any loss and that APCOA don't own the car park so have no standing to issue tickets. That would do, just to get a POPLA code which is the stage you will win at if you follow MSE or pepipoo advice on POPLA wording that wins.

Easy. All private parking firms fake PCN rubbish can currently be easily stuffed at POPLA stage, every time, no matter why the ticket was issued.

Dick Head · Nov 23, 2013

CorgiRegisteredFriend said:
I keep a packet of blu tac in my glove compartment. A small pea sized amount applied to each corner of the ticket normally suffices and will help avoid future fines. You could try a prit stick but it tends to make a mess of the windscreen.

I use a hot-melt glue gun.

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