Parking Control Management PCN

Coupon-mad

FingersLily wrote: »

Thanks Stroma. Your help & advice are hugely appreciated.
I will appeal to POPLA but would it be ok to post my appeal here first for your comments? I want to get this right as I cannot afford to lose.

Absolutely yes, that's what we do here, we help to fine-tune people's POPLA appeals and so far we have 100% success rate. DEFINITELY use POPLA with our help.

FingersLily

I'm sorry to be a pain but I've spent hours last night & this morning reading hundreds of threads & documents & I'm a bit confused.

My situation seems to differ to others I've read because I wasn't in a car park. I can't see what angle I should be coming from in my POPLA Appeal. Nearly everything I read seems to query the right of the operator to enforce parking restrictions.

Does this apply in my case? I was in a marked bay in a street & not in a car park.

Also, the signage issue is different to others I have read. There are no entry signs as it is a road. There are signs displayed opposite the bays but they are small, very low down & on the other side of the road. Unfortunately I do not have photos of the signs & I can't get back there to take photos as I live too far away. I don't know what wording is on them so I can't use that in my appeal. Can I use the fact that they are low down, small & on the other side? The signs can be seen in the evidence photos issued by the Operator although they cannot be read.

Sorry to keep pestering you. I don't want or expect anyone to write my appeal for me but I can't find anything similar to mine. Also, I have read the decisions thread which is very useful but I can't find an example of a POPLA appeal that was sent & was subsequently successful. I would like to see the wording & layout used of an appeal relevant to mine. Does anyone know where I can find one?

Thanks again - I am amazed at the help offered here!

Stroma

It's no different to a car park, they have parking bays and inadequate signs there as well as on a private road. But appealing to popla using mitigation only is not going to work, yes highlight the inadequacy in the appeal, but you will be dismantling the entire basis of them being able to issue these fake tickets.

FingersLily

I understand what you're saying Stroma but I can't use the loss of revenue argument as the bays are not in a car park. I didn't lose the operator money by parking there.

Is my only defence that of the operator not having a contract entitling them to levy charges?

Stroma

Of course you can use loss of revenue, what possible loss was there to the parking company or landowner for you parking there specifically at that time? They can only claim for losses anything else is an unlawful penalty. You need to look at this from what the purpose of this fake ticket , its to monetize the parking company.

FingersLily

Thanks again. I am finding this more & more confusing!

I've spent 3 hours this morning & 4 hours last night solidly looking through threads & advice. I think I need a break for a while! It's very hard to pick through the relevant points. I think the best thing is that I cobble something together & post it on here for advice.

Once again, thanks for your very quick & helpful replies. It really is appreciated.

Stroma

You have time and its not a race to get this done, go out and enjoy the weather and have a relaxing Sunday. Come back tomorrow and we can go through it again.

FingersLily

Thanks. You're a diamond.

Umkomaas

FingersLily wrote: »

Thanks again. I am finding this more & more confusing!

I've spent 3 hours this morning & 4 hours last night solidly looking through threads & advice. I think I need a break for a while! It's very hard to pick through the relevant points. I think the best thing is that I cobble something together & post it on here for advice.

Once again, thanks for your very quick & helpful replies. It really is appreciated.

I for one appreciate how initially confusing all this stuff is. I went through the pain of the steep learning curve wondering what PPC, RK, NtK, NtD, BPA, AOS, CoP, PoFA etc etc meant. Eventually got the hang of things :j

One thing to always be aware of is that we are here, on your side, trying to help.

To try to simplify things there are 2 main stages - the initial appeal (to the PPC) the primary objective of which (given that in 99% of cases it will be rejected) is to obtain a POPLA verification code and is the only way to be able to put your appeal to the 'independent' appeals body - POPLA. The greatest chance of quickest success lies in a forum-assisted appeal to POPLA - the forums have a 100% success rate since March at POPLA.

The second stage is you drafting, with help from here, a POPLA appeal. Don't do this without our help.

So, back to today. Get off your initial appeal to the PPC - and to save any further concern on your part, here is one you can quite easily! and are welcome to, use:

To whom it may concern

I am writing to you regarding parking charge xxxxxxxxxx !issued to vehicle xxxx xxx on xxxxx at xxxxx.

The Registered Keeper of the above vehicle denies any liability for the unenforceable charge detailed in the above Parking Charge Notice.

The charge does not represent any form of loss and as such it is punitive and a therefore a PENALTY. Only the Courts, the Police and Local Authorities can issue penalties; your organisation, by law, cannot.

Confirm acceptance of this challenge and cancel the charge, or provide a POPLA verification code where a vigorous and robust challenge will be mounted.

Failure to send a POPLA code would be a breach of the BPA Code of Practice. Be advised that failure to comply with a code of conduct to which you have committed would be an offence under the Consumer Protection from Unfair Trading Regulations 2008, and I would not hesitate to report such a breach to the BPA, DVLA and Trading Standards.

No further correspondence will be entered into with you on this matter. If nothing further from you is received within 35 days of the date of this letter it will be assumed the challenge is accepted and the charge cancelled.


Yours faithfully


Print name

HTH

FingersLily

Thanks Umkomaas. However, I have already appealed to the PPC which they have rejected. I appealed on the grounds of poor signage and I parked in the bay in good faith. I have a POPLA code although they didn't actually say it was that. They just called it a Verification Code!

I'm now at the stage of appealing to POPLA which is where I've hit a stumbling block.

Just to reiterate, I think I need to appeal on the grounds that the PPC do not have a contract entitling them to levy charges but I'm not certain on that.

I think the signage is also relevant. The signs are on the opposite side of the road at a height of about 2 feet. They are attached to a private car park fence & say that a permit is required to park in this area. I thought they referred to the car park, not the marked bays.