Exit blocked by CMS parking attendant to give me "ticket"

msarim

Stroma wrote: »

Please now appeal to popla, but get advice first from here andfor this, don't word the defence yourself or you will lose. Take a look at the bpa code of practice for breaches, and post up a draft of defence.

Please ensure that you include the blocking in of your vehicle, it is rubbish that they have images of your vehicle that shows you were not blocked in, you were there and know you were.

The images are of the vehicle and not the exit so you can't see that it was blocked.

Stroma

msarim wrote: »

The images are of the vehicle and not the exit so you can't see that it was blocked.

Exactly, you should put this into the appeal IMO , as there is no harm of it, but would advise that you clear it with the guys on pepipoo as they have put a lot of appeals there

Coupon-mad

msarim wrote: »

The images are of the vehicle and not the exit so you can't see that it was blocked.

Yes you need to clearly refute their reply blow by blow for POPLA (plus the usual POPLA arguments).

And can you get a brief letter from anyone with you who can witness what happened or were you alone? A letter corroborating your side of this, citing time/date/location and car reg would be great extra evidence for you. But don't just include those points in your appeal - POPLA appeals need lots of points IMHO. See the POPLA decisions thread at the top of this forum for examples of what sort of appeal points win, and post on pepipoo too.

Can we see your draft POPLA appeal before you send it so we can help make it a winner?

msarim

Coupon-mad wrote: »

Yes you need to clearly refute their reply blow by blow for POPLA (plus the usual POPLA arguments).

And can you get a brief letter from anyone with you who can witness what happened or were you alone? A letter corroborating your side of this, citing time/date/location and car reg would be great extra evidence for you. But don't just include those points in your appeal - POPLA appeals need lots of points IMHO. See the POPLA decisions thread at the top of this forum for examples of what sort of appeal points win, and post on pepipoo too.

Can we see your draft POPLA appeal before you send it so we can help make it a winner?

Unfortunately I was alone. I'll read up on all the things you suggested and draft an appeal over the weekend.

Stroma

I don't suppose you took photos of the vehicle in question either ? Basically if you put it to popla that it was done, cms will have to have a better response of photos of you car prove that it wasn't blocked in at the entrance of the car park

Coupon-mad

msarim wrote: »

Unfortunately I was alone. I'll read up on all the things you suggested and draft an appeal over the weekend.

Yep, do some homework and you'll win at POPLA, we think, as we know now how POPLA make their decisions (to an extent). There's a LOT more to a POPLA appeal than a 'normal appeal' so please don't make the same mistake Eunos1 did and rush a weak appeal to POPLA missing the points that would actually win! When he followed the weak appeal with a stronger one it was overlooked and the PPC won the appeal. Now I do hope Eunos1 will complain to POPLA but the lesson from that link is...get a strong, demanding and challenging appeal in first time!

Examples of stronger POPLA appeal wording shown here, near the end of these threads:

http://forums.pepipoo.com/index.php?showtopic=78026

https://forums.moneysavingexpert.com/discussion/4506249

...and that second one has a link to that 'POPLA decisions' thread I mentioned before, which shows you all the things that people have won on. You can see that the submissions that have won have been very detailed and demanding of the PPC, for evidence, as well as having facts specific to the case.

Did they tick all the boxes to get keeper liability established? Doubt it!

http://www.parkingcowboys.co.uk/keeper-liability/

Did they comply in all ways with all points of the BPA Code of Practice; e.g. camera compliance/maintenance, deadlines met, wording spot on, signage clear? Doubt it!

https://forums.moneysavingexpert.com/discussion/4535287

Let's see your draft appeal for POPLA so we can make sure no possible points are missed - there are no worries about posting your draft POPLA appeal here as the PPC are soon gong to hear about it from POPLA anyway!

hoohoo

The PPC has shot themselves in the foot by giving you these photos, because they will clearly show (hopefully) that no ticket was affixed to your vehicle.

POFA 2012 states that the ticket must be affixed to a stationary vehicle. As they didn't do it, add something along these lines to your POPLA appeal.

The parking attendant attempted to block the driver in the car park by moving their own vehicle to block the exit. This is an offence against the POFA 2012 act, 54, 1(b). Section 54 Offence of immobilising etc. vehicles, states:

(1)A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.

I require that as the parking attendant acted illegally, the appeal be upheld.

I require the operator to provide relevant copies of their attendant training manuals, to prove that their attendants are correctly educated in the requirements of POFA 2012.

I require the operator to provide training records for the attendant in question, to show that the attendant understands the requirements of POFA 2012 in the course of his duties.

The driver was able to leave the car park by driving through a small gap the attendant had left. The fact that the driver was able to leave does not mean that the attendant had not committed a crime. The use of the words 'intending' and 'inhibit' in the act clearly show this.

While the driver was maneuvering the vehicle through the small gap the parking attendant stuck the ticket under the windscreen wiper while the vehicle was moving. This is not a correct method of giving notice. POFA 2012 states:

4)The notice must be given—
(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and
(b)while the vehicle is stationary,

Since this was not complied with, I request that this appeal be allowed.

I submit as evidence photographs x,y,z, supplied to me by the operator. These show the vehicle in the car park, and clearly show the notice is not affixed.

I understand standard procedures for parking attendants are to take photographs of the vehicle with the ticket affixed. As the operator has submitted other photographs without the ticket affixed, but none with the ticket affixed, this can be taken as proof that the ticket was never affixed properly.

If the operator believes this is not part of their standard practice, I request they make available their operating manual for their attendants showing their standard practices.

Coupon-mad

Do bear in mind, msarim, that the above is only one part of your POPLA points of appeal! The links I gave you before show examples of other points to add in as well.

Let's see your draft when you've done all your reading up on this scam.

techspec

Am i then only person who parks legally - and doesn't think parking on someone elses land is acceptable?

It wasn't life or death - you were filling your face.

Coupon-mad

techspec wrote: »

Am i then only person who parks legally - and doesn't think parking on someone elses land is acceptable?

It wasn't life or death - you were filling your face.

Your point being? This hardly helps the OP and there's no reason a scammer should profit!

The OP wasn't parked ''illegally''!! :rotfl: