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Parking Eye PCN at Derby & Burton Services

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  • Coupon-mad
    Coupon-mad Posts: 131,733 Forumite
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    edited 7 June 2017 at 8:28PM
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    they've rejected it!! As a gesture of goodwill they've reduced the PCN back to £60 for 14 days or I make a POPLA appeal!!

    So...that's what you should have expected? Normal. You sound surprised?!

    We win at POPLA stage; you should have read this in the NEWBIES thread two months ago and been preparing.

    This rejection letter was what you were waiting for. POPLA appeal template points to pick out, are right there in the NEWBIES thread post #3.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • AngelHarmony
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    I'm sorry, I think it's more frustration!! Although yes there was a part of me that stupidly hoped they'd cancel the ridiculous PCN!!

    Unfortunately due to going through the stress of completing the forms etc to hopefully switch my DLA to PIP & a relapse with my MS, other than keeping an eye out for the reply I received today from PE, I've not been able to get back online since just after my last post. I did look at the appeal stickies before posting my OP but haven't since though of course I will now!

    Thanks again for your help, I'll go through the stickies again & then post my draft letter once I've written it.
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    Thanks again for your help, I'll go through the stickies again & then post my draft letter once I've written it.
    Post #3 of the NEWBIES FAQ sticky is the place to start in developing your POPLA draft appeal. You can also use this forum's search engine and search in 'ParkingEye POPLA' or 'PE POPLA' and find recent (last 3 or 4 months) POPLA wins. PE often give up and concede when they see one of the forum's lengthy appeals.

    Come back and show us your draft for critique and fine tuning.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • AngelHarmony
    AngelHarmony Posts: 28 Forumite
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    I'm really hoping & praying that someone can please help me & now urgently??

    After my last post I started re-reading through everything again & trying to build my POPLA appeal letter - I have to admit that I found myself struggling. I then had my broadband go down again & to top it off I had another relapse which affected my vision so with everything I've been unable to get online until yesterday (Mon) evening.

    I thought I'd probably blown being able to do the POPLA appeal but on double checking my final PE email/letter 28 days (from 07.06.17) is the 5th July so I could still get it in (I assume I have until midnight on the 5th?).

    I've spent all evening going back through all of the recommended posts, numerous searches etc. yet I feel as tied up in knots as ever! :doh: I just can't seem to cobble anything together other than what I put in my appeal's to PE?? Do I put the same reason as on my original appeal to PE? (See further up) Where do others get all the other paragraph's from?

    I'm really sorry to be begging for this very last minute help but with everything having gone the way it has I honestly don't know what else to do?? I'm so frustrated not just with this stupid company (PE of course!) & my stupid brain that I just can't seem to get into gear :doh: I'll be so very grateful for any help to draft this POPLA appeal together please.

    Many, many thanks in advance
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    There are major appeal points to copy and paste in the NEWBIES FAQ sticky, post #3. Just tack those together as your starting point, no need to edit any of the text in them unless it clearly contradicts your specific parking event circumstances.

    Do a forum search on 'ParkingEye (or PE) POPLA' and plagiarise other points from the POPLA appeals you'll find in the threads that search will deliver.

    Your POPLA code will probably last for around 30/31 days so don't get into a mad panic.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • AngelHarmony
    AngelHarmony Posts: 28 Forumite
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    I have done all of that & although I can normally write a good letter, at the moment I think my 5 year old niece would do a better job!!

    Cheers :D
  • Coupon-mad
    Coupon-mad Posts: 131,733 Forumite
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    But you are merely building templates, already written.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • AngelHarmony
    AngelHarmony Posts: 28 Forumite
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    Ok so I've spent hours re-going through the #3 Newbies stickie & searching through other posts but I can't find any others like mine so I don't know what else to write besides the following;

    * * * * * * * * * * * * * *

    Dear POPLA Adjudicator

    POPLA:

    I am the registered keeper of XXXXXX & I’m appealing the Parking Charge Notice from ParkingEye.

    I am disabled, was tired and I just wanted a drink from my flask and some fresh air and a brief stop at the services so pulled into Derby & Burton Services. The first quiet area I spotted which also had grass was by the far end of the hotel so I parked there. With the exception of Cherry Tree Farm which has some shrubbery around it, the rest of the large car park is an open one. After half an hour I was back on my way home. I saw no difference in signage where I parked so this is not well demarcated at all, in my view.

    It is my understanding that services are there for drivers to rest for a couple of hours and I took mere minutes.

    Although I had no reason to purchase anything from the services I was still a customer of the facility by being there. There is no requirement to purchase anything from a services & I refer you to the Highway's Agency circular 01/2008 which says that such areas should provide at least:

    Fuel
    Hot drinks and hot food
    Indoor seating
    Two hours free parking
    Free toilets and baby-changing facilities

    * * * * * * * * * * * * *

    I know this is pretty much everything I said in my original appeal's to PE but I honestly have absolutely no idea what else to put??

    Any further help will be most gratefully received. (My 28 days to appeal ends today)

    Many thanks in advance xx
  • AngelHarmony
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    I have to give in for today as I can't stay awake any longer!!
  • Redx
    Redx Posts: 38,084 Forumite
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    that reads more like a witness statement , no good for a popla appeal
    DO NOT put any of your above post into a POPLA appeal

    for popla you need LEGAL ARGUMENTS based on the templates from post #3 of the NEWBIES sticky thread , these will include arguments like

    no landowner contract
    poor and inadequate signage
    NTK failures
    BPA CoP failures
    POFA2012 issues or failures
    not the same as the BEAVIS case

    etc

    also look at other RECENT popla appeals so you see how they are structured and laid out
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