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POPLA Appeal Advice

macamboy
macamboy Posts: 2 Newbie
edited 10 February 2018 at 5:42PM in Parking tickets, fines & parking
Hi,

I recieved a parking ticket from ParkingEye which I've appealed against and lost.

I'm now considering going through POPLA, but would like some advice please.

Without going through the mitigation, which I know POPLA won't consider, the facts are -

1) I entered the grounds of a pay to park local hospital and left 30 minutes later.
2) I parked in a drop off / pick up zone which apparently had a 20 minute stay duration (the signs weren't very good but, ParkingEye say were adequate).

I believe ParkingEye have to give a grace period of at least 10 minutes when it's relying on ANPR camera photos.

Has anyone come across this before, as I was intending to appeal on this point.

Thanks in advance.

Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Grace periods will often win at POPLA but you really shouldn't go with just a single point, it a bit risky.

    Why not use the templates on here?

    You can find more details here https://forums.moneysavingexpert.com/discussion/4816822
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 10 February 2018 at 7:56PM
    MPs specifally slated hospital car park scams in the HOC last week, watch the video here

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    then complain in the stringest of terems to your MP. Read this as well. Perhaps to can quote some of it in your PoPLA appeal

    https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles
    You never know how far you can go until you go too far.
  • Quentin
    Quentin Posts: 40,405 Forumite
    @OP

    Throughout here you are advised never to reveal who was driving.

    You need to edit your post to remove details of who was driving

    The ppcs monitor this forum and can use your posts against you
  • Coupon-mad
    Coupon-mad Posts: 159,682 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Must have taken you more than 5 minutes to weave through the entrance roads to that drop off point, and again at the end. Grace periods are certainly worth mentioning, is this Barnet hospital, look:

    http://parking-prankster.blogspot.co.uk/2016/03/parkingeye-lose-in-court-accuse-drivers.html

    Pretty sure the signs allow up to 20 minutes stay/parking AT THE DROP OFF AREA. Therefore you have to have grace periods to drive in and out, you can't teleport there, not even in ParkingEye's la-la land.

    A POPLA appeal needs all the usual points as well, from post #3 of the NEWBIES thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • macamboy
    macamboy Posts: 2 Newbie
    Thanks all for the advice so far.

    I don't even recall who was driving as both myself and my wife tend to take turns depending on where we are going.

    What's worse is that I also don't recall if I mentioned who may have been driving on the original appeal (I know, schoolboy error).

    Are we saying an appeal to POPLA is a no go if I stated in the original appeal who I thought was driving?
  • Umkomaas
    Umkomaas Posts: 44,233 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are we saying an appeal to POPLA is a no go if I stated in the original appeal who I thought was driving?
    Absolutely not! If the driver has been identified it takes away the Protection the keeper had under PoFA. But there are other POPLA points like signage, landowner authority, Grace Periods which all come potentially into play. Identifying the driver is not fatal to the case.

    But your best bet (as for everyone) is to get the landowner (hospital trust or PALS) to tell PE to cancel it.

    Plenty to go at.
    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
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    It's still ok but it just removes an appeal point. You should win on other points but it's much more satisfying to make a ppc try and justify every single point.
  • Quentin
    Quentin Posts: 40,405 Forumite
    macamboy wrote: »
    Thanks all for the advice so far.

    I don't even recall who was driving as both myself and my wife tend to take turns depending on where we are going.

    What's worse is that I also don't recall if I mentioned who may have been driving on the original appeal (I know, schoolboy error).

    Are we saying an appeal to POPLA is a no go if I stated in the original appeal who I thought was driving?

    Why not assume you didn't at this stage and follow the advice given in #4?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    macamboy wrote: »
    What's worse is that I also don't recall if I mentioned who may have been driving on the original appeal (I know, schoolboy error).
    The real schoolboy error is not keeping any record of what you might have said in the original appeal.

    At least from now on try and keep records of everything received and sent.
  • Coupon-mad
    Coupon-mad Posts: 159,682 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why do people think that they are doomed if they named the driver, when POPLA appeals normally win on completely different standard things, like lack of landowner authority, and dodgy signs, and 'no grace period to drive in and out of a large site' (like in your case).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
     Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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