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  • FIRST POST
    • AlfaMiss
    • By AlfaMiss 19th Mar 17, 7:56 PM
    • 2Posts
    • 0Thanks
    AlfaMiss
    ECP and APNR
    • #1
    • 19th Mar 17, 7:56 PM
    ECP and APNR 19th Mar 17 at 7:56 PM
    after an initial appeal to ECP for having overstayed their "welcome" by 15mins at Church Farm and two dodgy pics of my Reg I have a POPLA code. I intend to make my formal appeal on the basis that: 1. the entry sign was obscured by a delivery lorry, 2. they have no right to obtain the driver details from me as the registered keeper, the signs inside the car park are not lit and much too small to read.3. they didn't apply reasonable grace period and have refused to say who the land-owner is. However the driver who drove in was not the same as the driver who drove out too late (ish by 15mins) so is it a case of commercial contract terms breached (by driver going in) or of trespass of driver going out?
Page 1
    • catfunt
    • By catfunt 19th Mar 17, 8:36 PM
    • 578 Posts
    • 876 Thanks
    catfunt
    • #2
    • 19th Mar 17, 8:36 PM
    • #2
    • 19th Mar 17, 8:36 PM
    1. Might be hard to make that one stick.. but mention signage in general as should be done in every POPLA appeal.
    2. Non-starter. They have the right to obtain the details from DVLA. How they use your data is another matter, but that is not relevant to a POPLA appeal.
    3. You need to put the PPC to strict proof that have the right given to them by the landowner to issue parking charges. 15 mins might be a bit long to pin grace periods on them.

    Have another look at the Newbies thread and have a look at the issue of whether the POFA has been strictly adhered to. I assume you have not named the driver or inadvertantly outed anyone as the driver?

    Haver a look in the POPLA results thread - that should point you to what a good appeal should look like.

    Post the draft of any appeal on this thread for critique.
    Got a Private Parking Notice??
    ** Do Not Pay
    ** Do Not Ignore a Notice to Keeper (except Scotland)
    ** Do not mention who was driving (No "Me" Myself" "I")
    ** Never, ever phone a Private Parking Company
    ** Please read the NEWBIES thread at the top of the forum
    • the_wheels_have_fallen_of
    • By the_wheels_have_fallen_of 19th Mar 17, 9:11 PM
    • 185 Posts
    • 159 Thanks
    the_wheels_have_fallen_of
    • #3
    • 19th Mar 17, 9:11 PM
    • #3
    • 19th Mar 17, 9:11 PM
    after an initial appeal to ECP for having overstayed their "welcome" by 15mins at Church Farm and two dodgy pics of my Reg I have a POPLA code. I intend to make my formal appeal on the basis that: 1. the entry sign was obscured by a delivery lorry, 2. they have no right to obtain the driver details from me as the registered keeper, the signs inside the car park are not lit and much too small to read.3. they didn't apply reasonable grace period and have refused to say who the land-owner is. However the driver who drove in was not the same as the driver who drove out too late (ish by 15mins) so is it a case of commercial contract terms breached (by driver going in) or of trespass of driver going out?
    Originally posted by AlfaMiss
    Dear OP

    I have recently appealed a PCN at the very same car park with POPLA - please see my thread. I didnt win but have complained to POPLA as my appeal point - on landowner authority - didnt fly but I have got a number of other POPLA codes that did win on landowner authority. Please PM me if you cant find the thread
    • AlfaMiss
    • By AlfaMiss 20th Mar 17, 9:37 PM
    • 2 Posts
    • 0 Thanks
    AlfaMiss
    • #4
    • 20th Mar 17, 9:37 PM
    • #4
    • 20th Mar 17, 9:37 PM
    Since the driver who drove in might have deemed to have accepted their commercially inept conditions based on text font6 in red on yellow !! the driver who drove out was potentially guilty of trespass unless he/she deemed to have had permission from a retail outlet at the site (not ECP) - breach of commercial terms vs trespass,? which or therefore who is the "guilty" party??
    Last edited by AlfaMiss; 20-03-2017 at 9:38 PM. Reason: typo
    • Coupon-mad
    • By Coupon-mad 20th Mar 17, 11:36 PM
    • 45,245 Posts
    • 57,905 Thanks
    Coupon-mad
    • #5
    • 20th Mar 17, 11:36 PM
    • #5
    • 20th Mar 17, 11:36 PM
    Most cases do win at POPLA and 15 mins sounds like you can certainly argue Grace period/observation period (Kelvin Reynolds' BPA article being used).

    Show us your draft POPLA appeal first.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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