How to appeal parking ticket

Umkomaas

Danny boy!

Sorry not to have come back to you earlier, nothing personal, but have been out for the whole of the day from my last post to you and have only just returned (most of us do have a life outside of fighting parking charges!!).

GD and CP are both experienced forum members and their advice is sound. I couldn't add anything to what they have said above.

So, from me also, go with what you've got and come back and let us know the outcome.

Remember POPLA decision is binding on the PPC, but not on you. In the event of a (unlikely) negative outcome get back for further advice, but whatever, do let us know how things progress.

Danny30

Thanks Umkomaas and GD, I will send the letter off tomorrow then, will just leave it a day in case anyone else manages to spot anything that I have missed or shouldn't have put in.

Just one question though, will I need to attach anything with this POPLAA letter like a copy of my notice to keeper or an image of the sign?

Umkomaas

Danny30 wrote: »

Thanks Umkomaas and GD, I will send the letter off tomorrow then, will just leave it a day in case anyone else manages to spot anything that I have missed or shouldn't have put in.

Just one question though, will I need to attach anything with this POPLAA letter like a copy of my notice to keeper or an image of the sign?

NtK - yes, it won't do any harm and especially as one of your appeal points is non compliance with PoFA on the 'creditor' issue. Make sure you put a note at the end of the paragraph on this appeal point ('Please see attached copy of NtK).

But, do just have a close look at your NtK, because of late PE has been adding in one of their paragraphs 'ParkingEye (the creditor)'. If this is included on your NtK your challenge on this point doesn't carry a great deal of weight unless you can identify someone else as 'the creditor'. 'The creditor' is very much a moot point and subject to a bit of debate here and there on the fora. You've got far stronger points of challenge.

You haven't really challenged the (in)adequacies of signage in your appeal, so I'm not sure what you hope to present in terms of attaching a photo, unless there is something on the sign that makes it non-compliant AND you are going to challenge it on that basis.

If so, then attaching it will add weight. But if it's there just for POPLA to look at and for them to (hopefully) spot an 'error' on the sign - not a hope. So decide why you want to attach it, then develop and add the appeal point around it.

HTH

Custard_Pie

Haven't read the whole thread, but is it a free car park? If yes, add under Trespass that as free car park, loss to the landowner is zero. If not free, then add the parking charge to the value of parking for the length of time that the driver did. Remember, always refer to the driver as a third person unless you have already identified that you were the driver.

Coupon-mad

Danny30 wrote: »

Thanks Umkomaas and GD, I will send the letter off tomorrow then, will just leave it a day in case anyone else manages to spot anything that I have missed or shouldn't have put in.

Just one question though, will I need to attach anything with this POPLA letter like a copy of my notice to keeper or an image of the sign?

If you send it by post, it needs a completed POPLA form on the front, if the PPC sent you one. Staple the whole lot firmly together, of course, no flimsy paper clips!

If you are submitting it to POPLA online then no need for a 'form' just follow the instructions and tick 3 out of 4 'appeal grounds' boxes (not the stolen car one). And put a brief introduction sentence into the appeal box and attach your appeal by PDF. That's because the POPLA submission box has a restricted word-count that cuts off long appeals without warning, so do not try to fit the entire appeal into that box.

An image of the sign and NTK is useful if it supports your case. But Umkomaas is right - PE have included the words 'as creditor' in a paragraph on NTKs since May so I doubt if that paragraph about 'the creditor' applies in your case (delete it if not applicable to your NTK).

Danny30

I wrote in my letter

"The driver did not see any contractual information on any of the signs when entering the car park and therefore at that time had no idea that any contract or restrictions applied"

This is the only paragraph I think that would require me to send in a picture of the sign or do I not need to send it in. I have attached a link of the image on 2 of my previous posts if anyone wants to take a look.

Guys_Dad

Danny30 wrote: »

I wrote in my letter

"The driver did not see any contractual information on any of the signs when entering the car park and therefore at that time had no idea that any contract or restrictions applied"

This is the only paragraph I think that would require me to send in a picture of the sign or do I not need to send it in. I have attached a link of the image on 2 of my previous posts if anyone wants to take a look.

If you sent it in via their web site, beware the arbitrary cut off when the text reaches so many characters.

Whatever, make sure that a snail mail copy has gone with a receipt of posting.

Danny30

i,m going to send it by post recorded delivery. Do you think based on the paragraph above I need to send in a picture of the sign?

Coupon-mad

Danny30 wrote: »

i,m going to send it by post recorded delivery. Do you think based on the paragraph above I need to send in a picture of the sign?

Now you mention signs, I would add a paragraph about unclear, non-compliant signage and another one about ANPR requirements of the BPA CoP. As shown in the examples I linked in my post on 18th August.

You are missing a trick if you let PE off having to produce all that extra documentary 'evidence' and IMHO their signs are flawed wherever I see them (far too high and not clear/visible/fully readable to a driver at the entrance). And no-one knows if PE can show that they have complied with the ANPR section of the BPA CoP in this car park at that time (hence why an appellant should always put a PPC to proof about that, where a PCN was issued by camera).

Danny30

edited to post below