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PCN whilst at football match
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OP
You might also want to start having a look at what a POPLA defence might look like. Have a look at one of my posts with various POPLA defence-related links in it:
http://forums.moneysavingexpert.com/showpost.php?p=61808935&postcount=2
But don't be phased by the amount of detail - you can copy and paste any of it to build around your particular circumstances.
Once you've got a bit of a handle on things, draft out a first stab and come back here with it and the POPLA experts will help refine it.
TWO things NOT to do:
1. Rely purely on 'telling your story' to POPLA - it has never worked
2. Send off the appeal without coming back here for further advice.
HTHPlease 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 Street0 -
Obviously the OP can't be the only one that has fallen for this one!PLEASE NOTEMy advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.0
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They have given me a verification code yes. Is contacting POPLA the route I should go down now? What's our chances though based on not being able to provide evidence of the parking attendant?
Definitely appeal to POPLA but get our help to word it strongly. You have left the driver exposed to liability otherwise (not that ANPR Ltd have ever tried Court yet as they are a bunch of ex-clampers and not the sharpest tools in the box!
The driver parked with an 'honest belief' that parking was allowed on match days with this specific arrangement and no signs told him otherwise. So you can contend that the signs were insufficient and unclear so not complaint with the BPA Code of Practice (ANPR Ltd signs are laughable anyway!).
And they didn't send the NTK in time so in the POPLA guidelines it says that they should have cancelled the ticket. I would remind POPLA of that.
And they sent out a final demand upping the cost to well over the guideline ceiling of £100 (in the BPA code they are signed up to) just two days after sending a POPLA verification code! Point out to POPLA that ANPR Ltd have ignored the BPA Code of Practice on what they should do at that stage.
And then you'll need to add all the usual stuff we always bung into a strong POPLA appeal, stuff about 'non-ownership of the land and show us your contract with the landowner' just like you'll find here:
http://forums.moneysavingexpert.com/showpost.php?p=61352199&postcount=20
and here, a G24 thread with examples of POPLA appeals & a summary I typed to convince a 'wobbler' that he needed to include some strong points of appeal:
https://forums.moneysavingexpert.com/discussion/comment/61803311#Comment_61803311
and here:
http://forums.pepipoo.com/index.php?act=attach&type=post&id=21565
and here's one I wrote (about an overstay allegation but many paragraphs are still relevant):
http://forums.pepipoo.com/index.php?showtopic=79545&st=0&gopid=826768
ANPR Ltd should be easy to beat at POPLA - as their signs are non compliant and the Notice was late and they sent a final demand when they should have suspended action to allow you to appeal to POPLA - but look for other breaches too.
Compare the wording of the Notice, letters, signs and all, to this:
http://www.parkingcowboys.co.uk/keeper-liability/
and compare 'everything' to every paragraph in the BPA CoP.
Let us see your draft 'long and strong' POPLA appeal!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 THREAD0 -
Thanks for your advice everyone, it helps greatly.0
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Thanks for your advice everyone, it helps greatly.
Did you appeal to POPLA and did you send it to POPLA (not to N Martin at ANPR Ltd?).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 THREAD0
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