IMPORTANT REMINDER: Please make sure your posts do not contain any personally identifiable information. If you are uploading images, please take extra care that you have redacted all personal information.

POPLA Decisions

edited 28 October 2016 at 9:29AM in Parking Tickets, Fines & Parking
4.2K replies 904.2K views
1410411413415416419

Replies

  • edited 13 January at 11:33PM
    Coupon-madCoupon-mad
    105.3K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    edited 13 January at 11:33PM
     I live in Northern Ireland my friends have had these before and just ignore them and they eventually go away. 
    Your friends are right.

    You should have ignored if as you are in Ni.  You should NEVER appeal or tell a private parking firm who was driving, in NI.

    This is the wrong place to ask but you don't need any further advice.

    Ignore them as you are in NI and always get store managers to cancel these false PCNs, if silly demands bother you that much.
    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
  • deighton2002deighton2002 Forumite
    35 Posts
    10 Posts First Anniversary
    ...

    The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes. I note the appellant’s comments about a grace period at the start however this is incorrect, there is no grace period at the start of a parking session. The British Parking Association Code of Practice section 13.1 states “The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes. After being on site for 5 minutes the appellant has entered into a contract with the operator and their parking time has started from the point of entry. 


    that stuff at the end about ' their parking time has started from the point of entry. ' does not seem to be in the AOS code of practice, dated Jan 2000 - and accessed as 'latest version' via BPA website - that seems like a critical fact added by the adjudicator.  Is the driver likely to have a record of the time at which they entered the car park?  They can only reasonably note the time at which they accept the contract, in my opinion.   
    Would be interested if anyone knows this for sure.
  • yungyung Forumite
    700 Posts
    Part of the Furniture 500 Posts Name Dropper Photogenic
    ✭✭
    ...

    The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes. I note the appellant’s comments about a grace period at the start however this is incorrect, there is no grace period at the start of a parking session. The British Parking Association Code of Practice section 13.1 states “The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes. After being on site for 5 minutes the appellant has entered into a contract with the operator and their parking time has started from the point of entry. 


    that stuff at the end about ' their parking time has started from the point of entry. ' does not seem to be in the AOS code of practice, dated Jan 2000 - and accessed as 'latest version' via BPA website - that seems like a critical fact added by the adjudicator.  Is the driver likely to have a record of the time at which they entered the car park?  They can only reasonably note the time at which they accept the contract, in my opinion.   
    Would be interested if anyone knows this for sure.
    That is what was said on my appeal
    ." The appellant’s payment was made at 18:03 which is eight minutes after arrival at 17:55:51. This payment covered two hours parking time, expiring at 20:03. The appellant’s vehicle exited the site at 20:07::03 which is roughly three minutes after the time expired. The time added up equates to 11 minutes parking time. Having reviewed the time between purchasing the ticket and exiting after the ticket expired, I am satisfied that a grace period in line with 13.3 should be granted on this occasion. POPLA’s remit is to determine whether the PCN has been issued correctly. On this occasion I am unable to conclude that the operator has correctly issued the parking charge. Accordingly, I must allow this appeal".
    Yung
    Early Retiree debt & stress free. and Joined the SKI club:j

  • edited 17 January at 11:18PM
    Coupon-madCoupon-mad
    105.3K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    edited 17 January at 11:18PM
    The current Codes of both Trade Bodies like to presume that the time starts as you cross the threshold.  A time that no driver notes or can work out unless it's a barrier car park that issues a printed ticket from a kiosk as you pass the entrance (quite rare in the scheme of things because they can hardly ever issue a PCN in such car parks!).

    Luckily, the Government is not convinced and has pretty much promised MPs and the driving public a consideration period (on arrival) and a grace period (end).  So this looks likely to change for the better with statutory regulation later this year.
    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
  • columboboycolumboboy Forumite
    3 Posts
    First Post
    MoneySaving Newbie
    Hi, has anyone sucsefully logged a POPLA appeal in the last week? I've been trying every day and just the error:
    'Application error
    An application error has occurred and your request cannot be processed. Please accept our apologies and try again later.'
    Tried 2 different devices, 3 different browsers, emptied cache, tried mobile data, tried VPN, called twice, got put on hold once and then they hung up!
    They say their systems were upgraded last weekend but still keep saying empty your cache and it'll work.
    Running out of time! 
  • UmkomaasUmkomaas Forumite
    36.2K Posts
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭
    We've not had any similar notifications/queries, but to be honest, we see very few POPLA appeals these days, seems that most people are defending court claims!

    Is there a POPLA email address you can access, if so send an email with your appeal attached as a pdf file. Make sure the email and the pdf file have all your case reference numbers showing. 

    As a backstop, you could send it via Royal Mail. First class, obtain a free Cert of Posting from your PO Counter (don't launch it into the nearest post box!).
    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.
  • Coupon-madCoupon-mad
    105.3K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    Email [email protected] or [email protected] (their FAQS page gives a contact).
    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
  • columboboycolumboboy Forumite
    3 Posts
    First Post
    MoneySaving Newbie
    So the web site eventually kicked in and allowed the appeal submitting. PE came back really quick, 2 hours later they had provided their evidence. I'm trying to submit my comments but again the web page is giving an error.
    Part of their evidence was a heavily redacted Landowners agreement from 2016 with a term of 24 months on it!! As it's expired and no other renewal was supplied as evidence this should be enough to uphold my appeal? 
  • UmkomaasUmkomaas Forumite
    36.2K Posts
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭
    So the web site eventually kicked in and allowed the appeal submitting. PE came back really quick, 2 hours later they had provided their evidence. I'm trying to submit my comments but again the web page is giving an error.
    Part of their evidence was a heavily redacted Landowners agreement from 2016 with a term of 24 months on it!! As it's expired and no other renewal was supplied as evidence this should be enough to uphold my appeal? 
    Can't guarantee it being upheld, POPLA is so unpredictable these days.  It should feature as one of your main appeal points, writ large, near (or at) the top of your appeal, not buried somewhere inconspicuously near the foot, where the assessor will have already read earlier, less potent, appeal points and have already made up their mind before getting to a 'biggie'. 
    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.
  • edited 2 February at 1:37AM
    Coupon-madCoupon-mad
    105.3K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    edited 2 February at 1:37AM
    If the Comments page doesn't work, email POPLA the comments you have.  You have their email already.
    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
Sign In or Register to comment.
Latest News and Guides