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  • FIRST POST
    • john_white
    • By john_white 3rd Dec 17, 3:10 PM
    • 510Posts
    • 321Thanks
    john_white
    ECP PCN sainsburys
    • #1
    • 3rd Dec 17, 3:10 PM
    ECP PCN sainsburys 3rd Dec 17 at 3:10 PM
    Hi all,


    I received a pesky PCN from ECP and appealed straight away, this appeal has as expected been rejected and now I have a POPLA ref.


    I have a found some recent threads for ECP but having checked my PCN they seem to have corrected the main cause of appeals being upheld which is the date of event and date issued (the PCN I have, have the dates a week apart) .


    So all I can see I can appeal on is


    Landowner Authority
    Signage


    The car park in question is a bit of distance away so I can't (or don't really have the time) go and take photo's of the signs etc.


    Is it really worth appealing on just the 2 points above. I don't think they have done enough to identify the driver but I'm not sure how I contest that?


    Thanks
Page 1
    • nosferatu1001
    • By nosferatu1001 3rd Dec 17, 3:14 PM
    • 1,159 Posts
    • 1,182 Thanks
    nosferatu1001
    • #2
    • 3rd Dec 17, 3:14 PM
    • #2
    • 3rd Dec 17, 3:14 PM
    Well they won’t have identified the driver, unless you told them?
    • Fruitcake
    • By Fruitcake 3rd Dec 17, 3:42 PM
    • 40,515 Posts
    • 80,908 Thanks
    Fruitcake
    • #3
    • 3rd Dec 17, 3:42 PM
    • #3
    • 3rd Dec 17, 3:42 PM
    You use every appeal point available to you. It's up to them to refute them. There are several template appeal points for you to adapt in the NEWBIES.

    Did you reveal the driver's identity? Did you get a windscreen ticket or a NTK through the post?

    What happened when you complained to the Sainsbugs' manager/CEO?
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • john_white
    • By john_white 3rd Dec 17, 3:53 PM
    • 510 Posts
    • 321 Thanks
    john_white
    • #4
    • 3rd Dec 17, 3:53 PM
    • #4
    • 3rd Dec 17, 3:53 PM
    Not revealed anything to them.


    looking at the note they sent as part of the appeal rejection they have stated it is not their responsibility to identify the driver, sounds odd to me. Also in the photo they attached of the rather Sainsbury's looking sign it states ' 2 hours free parking for Sainsburys customers' if the driver did not shop at Sainsburys do they have more than 2 hours, ambiguous?


    I got a PCN through the post, not a NTK or windscreen ticket. Did not reveal the driver.


    I've looked at the NEWBIES thread, but having spent several hours looking at stuff I'm not sure what is and is not relevant.
    • john_white
    • By john_white 3rd Dec 17, 3:57 PM
    • 510 Posts
    • 321 Thanks
    john_white
    • #5
    • 3rd Dec 17, 3:57 PM
    • #5
    • 3rd Dec 17, 3:57 PM
    I didn't complain to Sainburys manager as I was not the driver so had no idea about it until the PCN came through the post. As I said it's not local to me and having never shopped at that store have little to complain about (the car park is useful (so I'm told) for using other parts of the town I.e. I don't think the driver ever went in to Sainsburys.
    • Redx
    • By Redx 3rd Dec 17, 5:01 PM
    • 16,898 Posts
    • 21,002 Thanks
    Redx
    • #6
    • 3rd Dec 17, 5:01 PM
    • #6
    • 3rd Dec 17, 5:01 PM
    best to use the standard appeal points for popla appeals

    NO LANDOWNER AUTHORITY
    NO CONTRACT
    POOR AND IDAEQUATE SIGNAGE
    POFA 2012 FAILURES
    BOA CoP FAILURES
    NOT THE SAME AS BEAVIS

    if they can prove each and every legal point , then a keeper can be held liable and so not being the driver becomes irrelevant (due to POFA2012)

    best to make them jump EVERY hurdle , despite what you think , sometimes these companies see a long popla appeal and dont bother to spend the time proving their claim because the onus is on them to repudiate each and every point you make

    you only have to win on a single point , in order to win outright
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • john_white
    • By john_white 3rd Dec 17, 5:07 PM
    • 510 Posts
    • 321 Thanks
    john_white
    • #7
    • 3rd Dec 17, 5:07 PM
    • #7
    • 3rd Dec 17, 5:07 PM
    Thanks


    Appeal is in with POPLA. Fingers crossed.
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