Parking Eye at Morrisons store

nan_bullen

Hi All,

I have just received a POPLA code in the post and would welcome any help in using this wisely to appeal!
Myself and a friend both visited the store together ( in separate cars) and went over the 'free' 3 hours, resulting in an invoice each from Parking Eye. We sent in a joint appeal with bank statement proving purchases of over £20 ( our caf! visit was in cash) but have been told in no uncertain terms that this did not fit the ' discretionary criteria set by the landowner' so appeal rejected. Sent letter to the store manager too but no joy.
Rejection letter came with a list of FAQs that seem to pre-empt a lot of the possible arguments to POPLA.
Am happy to take this on as £85 for 20 minutes lateness is just MAD.
Thanks in advance......

Guys_Dad

Ok, we can give a skeleton standard appeal letter, but before we do, a couple of things.

Date of contravention?
Windscreen sticker Yes /No?
Date received Notice to Keeper through the post?

Would like to see this rejection letter that covers most of the points.

If you could put it up on tinypics or similar it would help us.

Have you checked to see that their documentation matches

Windscreen ticket, if applicable (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

Which car the ticket relates to
What land the car was parked on
The period the car was parked
When and how the parking rules were broken
What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover, and the date by which those parking charges should be paid
Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
The date the time the notice was issued
How appeals and complaints can be dealt with – for parking companies who are members of the B PA.
If the ticket was issued to the driver it may also say that the PPC may ask for details of the registered keeper of the car from the DVLA. Note that the PPC cannot ask for registered keeper details until 28 days have elapsed since the issue of the Parking Ticket i.e. after the period within which the driver is required to pay or appeal the parking charge.

The Notice to Keeper

Schedule 4 paragraphs 8 and 9 of the PoFA stipulates the mandatory information that must be included in the Notice to Keeper. If all of this information is not present then the Notice to Keeper is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

Which car the ticket relates to
What land the car was parked on
The period the car was parked
Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full
State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when
Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements
Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver
Identify the “creditor” who is legally entitled to recover the parking charge
Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that “creditor” will be entitled to recover the parking charge from the registered keeper.
Details of the discount for payment within 14 days, The Discount should be at least 40% of the full charge under the BPA Code of Practice (applies to BPA Members only)
Date of the notice
Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.

If you could come back, then we can help with the appeal, although you can see successful appeal points on the POPLA Decisions sticky on this forum. Start with the latest first. There were some early failures as we hadn't got our act together then.

Coupon-mad

Here are several examples of strong POPLA appeals to use as templates to copy & paste, you will see a certain pattern to them!

http://forums.moneysavingexpert.com/...php?p=61968045

http://forums.moneysavingexpert.com/....php?t=4610773

...and this blog 'how to win a POPLA appeal' is useful too:

http://www.parkingcowboys.co.uk/popla/

Finally if you want to get your head around where some of the appeal points come from, read this checklist of 'registered keeper liability':

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

...and if you want to check out whether the PPC's signs and other procedures comply with the BPA code of practice then Google it.

If you are really strapped for time simply copy & paste the POPLA appeal example you like best, right here on your thread, tweak it to suit your case (without saying who was driving) and ask for feedback to improve it!