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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In August of this year my wife was issued with a parking ticket

Resolved Question:

In August of this year my wife was issued with a parking ticket from a privately run car park, they stated that she was in breach of the terms and conditions of the said car park and was issued with £100 penalty notice, £60 if paid immediately. My wife contested the charges with mitigating circumstances, but the car park operator rejected her appeal and threatened her with court action and / or bailiff debt collection. I took this scenario to ‘Parking on Private Land Appeals’ (POPLA) to contest the charges. Note my appeal was upheld by POPLA, they stated that the car park operator’s claim for their £100 loss was basically unjust, as they were attempting to recover pre-estimated costs, which they had not incurred. This to me appears to be an organization attempting to extort money from paying customers, through fear tactics i.e. threat of court action and/or bailiff debt collection. I believe that the operator should be reprimanded for their actions and I am looking for advice on the law, to ascertain whether I can pursue this matter further?
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether the parking company is a member of any professional body ?
Customer:

Hello Alex,Copy of their car park terms and conditions signage (provided as part of their evidence), indicates that the operator is a member of the British Parking Associations - Approved Operator Scheme (AOS). However, in the initial response from POLA to my appeal, the heading of the letter, states: Mr R W Armstrong v AOS – Deleted Member. So it is uncertain whether they are actually genuinely associated with AOS, or just masquerading as a bonafide member.

Customer:

Hello Alex, please note that a copy of their car park terms and conditions signage (provided as part of their evidence), indicates that the operator is a member of the British Parking Associations - Approved Operator Scheme (AOS). However, in the initial response from POPLA to my appeal, the heading of their letter, states: Mr R W Armstrong v AOS – Deleted Member. So it is uncertain whether they are actually genuinely associated with AOS, or just masquerading as a bona fide member.

Alex Watts :

Thank you. The fact they are a deleted member suggests they were once a member but have been removed for whatever reason.

Alex Watts :

Generally you can't take action yourself as you have no cause as such.

Alex Watts :

The industry regulator, so in this case AOS would be able to take action

Alex Watts :

The only difficulty there of course is if they are no longer a member, their own rules may or may not allow for action to be taken.

Alex Watts :

The next organisation to take action could be Trading Standards.

Alex Watts :

If something is misleading or they are not behaving in a transparent and clear way, they can take action

Alex Watts :

They can investigate and prosecute.

Alex Watts :

But you need to register your complaint, as the more people that do the more likely they will be to take action

Alex Watts :

As I mentioned you can't take action directly as you have no legal route.

Alex Watts :

Only the regulator or Council via Trading Standards can.

Alex Watts :

I am sorry if this is not necessarily the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks for the advice, it is much appreciated. I shall as you state, make contact with the trading standards and let it be known that I believe the car park operator is attempting to extort money from honest, fee paying users of their facility.

Do you know the contact details of the appropriate Trading Standards Department who can best deal with this matter?

Thanks & regards

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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