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  • FIRST POST
    • wrighteye1
    • By wrighteye1 29th Aug 17, 9:08 PM
    • 21Posts
    • 8Thanks
    wrighteye1
    POPLA Appeal Help
    • #1
    • 29th Aug 17, 9:08 PM
    POPLA Appeal Help 29th Aug 17 at 9:08 PM
    A couple of months ago we received a parking charge notice while parked at Meadowhall shopping centre. With hindsight, after reading the newbies post, and probably using common sense we should have taken a photo of where we were parked and appealed to the shopping centre management as the ticket was for "parking in a restricted area" which we weren't, we were just parked in a "standard" bay, but we didn't so this is where we are.
    Approximately 6 weeks after the ticket we received the notice to keeper to which we replied and appealed using the BPA template letter on this site, the parking company, CP PLUS Ltd, is a member of the BPA.
    A couple of weeks after that we received an email asking us to confirm the name and address of the driver, which we declined to do.
    A couple of weeks after that we received an email saying the appeal had been rejected, which is at the bottom of this post (with some links removed to allow me to post) and providing us with a POPLA verification code.
    My main question is is it too late to appeal regarding the nature of the notice, i.e. that she wasn't parked in a restricted area and is the onus on them to prove that she was, do they need to have photo evidence or should we have it.
    Any advice on this and the best way to word the POPLA appeal would be gratefully received,

    Thankyou.

    "Thank you for your email regarding the above Parking Charge Notice (PCN).

    I have carefully reviewed the case and have considered the points that you raised. Unfortunately, I cannot cancel the PCN and it is still payable. I have explained my findings in more detail below.

    My findings

    The site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued.

    Internet templates

    I must also stress that simply sending in standard template responses, most likely obtained from the internet, will not resolve the matter. In addition, I would recommend that professional legal advice be sought on this matter as an alternative.

    Signage

    The signage on site is sufficient and is in line with the guidelines laid down by the British Parking Association (BPA).

    The majority of motorists who park at the site do so without receiving a PCN. This is undoubtedly due to the fact that they are aware of the terms and conditions of the site. If, as you claim, the signage was inadequate, the terms and conditions of the site would be unknown to the majority of drivers and many more PCNs would be issued here.

    What you need to do now

    You now have three options to choose from:

    1) Pay the PCN at the prevailing sum of £120.00 by 08/09/2017. Payment can be made online or by phone. Go to or phone 0208 528 4122. You can find full details of how to pay on the PCN issued to the vehicle and/or on the letter(s) sent if applicable.

    2) Make an appeal to POPLA (Independent Appeals Service) by appealing online at (verification code: ). The only grounds for making an appeal are stated on the website and to be considered the appeal must be received by POPLA within 28 days of the date of this correspondence. Please note that if you opt to appeal to POPLA and the appeal is unsuccessful you will be only able to settle the PCN at the full amount of £120.00.

    3) If you choose to not make payment or appeal, the amount outstanding may be sought via a debt recovery company and/or court action where further costs may be incurred as a result.

    More Information

    By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above."
    Last edited by wrighteye1; 04-09-2017 at 4:54 PM.
Page 3
    • wrighteye1
    • By wrighteye1 12th Sep 17, 5:58 PM
    • 21 Posts
    • 8 Thanks
    wrighteye1
    The photos are time and date stamped, they must have been cropped out when I posted them. There is also a photo in the evidence pack showing the PCN attached to the windscreen, I just didn't post everything as I didn't want to put people off looking at it!
    If anybody wants to see everything they included I'll gladly post the rest.
    • RobinofLoxley
    • By RobinofLoxley 12th Sep 17, 6:32 PM
    • 160 Posts
    • 267 Thanks
    RobinofLoxley
    Okay no problem, there's no need.
    • wrighteye1
    • By wrighteye1 4th Oct 17, 7:05 PM
    • 21 Posts
    • 8 Thanks
    wrighteye1
    I've won!!

    Please see below for the decision. Thanks again to everybody for all their help and advice.

    DecisionSuccessful
    Assessor NameGemma West
    Assessor summary of operator case
    The operator’s case is that the appellant parked in a restricted area.

    Assessor summary of your case
    The appellant has raised a number of grounds of appeal which I have listed below: • The appellant states the operator has failed to comply with the Protection of Freedoms Act (PoFA) 2012 and the parking charge is invalid. • He explains the operator has not produced any evidence that the vehicle was parked in a restricted area. • The appellant states the signage is non-compliant, therefore no contract with the operator. • The appellant has questioned landowner authority.

    Assessor supporting rational for decision
    The operator has provided photographic evidence of the terms and conditions which state “You agree to pay a parking charge of £80 if you: Park in a non-designated area”. The operator states it issued the Parking Charge Notice (PCN) as the appellant parked in a restricted area. In this instance, the driver has not been identified and as such, the operator is attempting to pursue the appellant as the registered keeper of the vehicle. As a result, I must ensure the operator has met with the requirements of the Protection of Freedoms Act (PoFA) in order for it to have transferred liability of the Parking Charge Notice (PCN) to the keeper. Schedule 4 of the PoFA, Paragraph 9 states: “(4) The Notice must be given by – (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.” In this instance, the operator has not provided a copy of the Notice to Keeper, therefore I am unable to identify if the operator has met the requirements of PoFA 2012. As a result I am not satisfied the PCN was issued correctly. I must allow the appeal. As I have allowed the appeal on this ground, I do not need to address the further points raised by the appellant.
    • Coupon-mad
    • By Coupon-mad 4th Oct 17, 7:36 PM
    • 51,427 Posts
    • 65,029 Thanks
    Coupon-mad
    the operator has not provided a copy of the Notice to Keeper,
    LOL, they could just as easily have lost based on no evidence of a restricted area, seeing as the car was properly parked in a public/shopping car park bay!



    Hopefully this is the first of many at Meadowhall because these should all be easy to win at POPLA.

    I hope the staff are lobbying the local MP to understand (properly) what is going in here.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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