New Post Advanced Search

Help with Popla appeal against PE

edited 9 September 2013 at 1:13PM in Parking Tickets, Fines & Parking
25 replies 9.6K views
oneyeyoneyey Forumite
7 posts
edited 9 September 2013 at 1:13PM in Parking Tickets, Fines & Parking
Hi,

I wonder if anyone could help me with a Popla appeal against a PE charge? I'm new to this forum, though I did look through lots of the posts before my original appeal to PE which was of course rejected. My ticket is for an overstay in a free supermarket car park. I disagree with the charge because it is so much - £85 for a short overstay in a free car park! Had they levied a more reasonable charge I would've paid it but £85 seems unjust to me. There were mitigating circumstances on the day, though I understand that these might not help me with Popla so I have no real idea how to word an appeal and the whole thing has me v worried and stressed :(

Any help or advice would be really appreciated.
«13

Replies

  • zzzLazyDaisyzzzLazyDaisy Forumite
    12.5K posts
    ✭✭✭✭✭
    Did you get a POPLA code with the PE rejection letter?

    If so, when does the 28 days expire?

    Also, were you a genuine customer at the supermarket, and have you been back to explain what happened and asked the manager to cancel the parking ticket? If not, then do so as they do have the power to cancel the ticket in these circumstances.

    Similarly - do you have receipts or proof of purchase such as credit card statement and if so did you send copies with your appeal to PE as they can and do cancel charges in that situation.

    With regard to the POPLA appeal - I suggest that you look at the POPLA Decisions thread at the top of this forum. If you read through the most recent pages you will quickly get an idea of how to word a POPLA appeal, and what arguments win at POPLA. If you put the name of the supermarket + the PPC into the search box above, this should also give you loads of hits.

    You then need to prepare a draft POPLA appeal based on your research (don't cut and paste as it still needs to relate to your own circumstances).

    When you have got that far, post it on here and people will help you to finalise it.

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Thanks for this Daisy. I do have a popla code, it runs out at the end of the month so I have time. I don't have any receipts, I was a genuine customer on the day in question though not for the whole time I was parked. The reason I overstayed was that I had no idea there was a two hour limit. I did mention this in my original appeal, along with the fact that the signs are very small and high making them difficult to read.

    I did call the manager of the supermarket (don't know if it might be worth a visit in person?), he was sympathetic but said the matter was out of his hands and that I had to go through the appeals process.

    I've just been looking on a website about Popla appeals that seems to suggest the grounds for appealing are very limited so I don't know that I have chance in my instance. I will do as suggested though and look at some of the other threads.
  • zzzLazyDaisyzzzLazyDaisy Forumite
    12.5K posts
    ✭✭✭✭✭
    oneyey wrote: »
    Thanks for this Daisy. I do have a popla code, it runs out at the end of the month so I have time. I don't have any receipts, I was a genuine customer on the day in question though not for the whole time I was parked. The reason I overstayed was that I had no idea there was a two hour limit. I did mention this in my original appeal, along with the fact that the signs are very small and high making them difficult to read.

    I did call the manager of the supermarket (don't know if it might be worth a visit in person?), he was sympathetic but said the matter was out of his hands and that I had to go through the appeals process.

    I've just been looking on a website about Popla appeals that seems to suggest the grounds for appealing are very limited so I don't know that I have chance in my instance. I will do as suggested though and look at some of the other threads.

    Which supermarket was it? Some are more helpful than others, and it will probably be worth taking your complaint higher up.

    Re the website - you may well have been looking at POPLA's own website, or some other information put on-line by the parking industry to deter you.

    The fact is that POPLA regularly uphold appeals on the 'genuine pre-estimate of loss' point put it in the search box at the top of the page, and have a look at posts by Guy's Dad on this point.

    Then there is the contract point ( they must have authority from the landowner to levy charges and pursue proceedings - challenge them to produce their contract proving this)

    Then there are challenges to their the signage....

    As strange as it might sound, the presence or absence of mitigating circumstances are irrelevant - it is challenges to the PPCs breaches of the law that win appeals.

    With one exception - if the mitigating circumstances relate to a disabled, elderly or a person with a chronic long term medical condition, or a pregnant or breastfeeding woman, then the Equality Act 2010 is relevant, so do tell us if that is the case.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • oneyey, dont bother with anything "that happened on the day"

    Simply go along, pre estimate of loss and lack of contract, base your appeal round those points and you are on to a winner,

    As advised they do mitigation,

    When you select the reason why you are appealing you choose "not liable for this charge"
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Which supermarket was it? Some are more helpful than others, and it will probably be worth taking your complaint higher up.

    Re the website - you may well have been looking at POPLA's own website, or some other information put on-line by the parking industry to deter you.

    The fact is that POPLA regularly uphold appeals on the 'genuine pre-estimate of loss' point put it in the search box at the top of the page, and have a look at posts by Guy's Dad on this point.

    Then there is the contract point ( they must have authority from the landowner to levy charges and pursue proceedings - challenge them to produce their contract proving this)

    Then there are challenges to their the signage....

    As strange as it might sound, the presence or absence of mitigating circumstances are irrelevant - it is challenges to the PPCs breaches of the law that win appeals.

    With one exception - if the mitigating circumstances relate to a disabled, elderly or a person with a chronic long term medical condition, or a pregnant or breastfeeding woman, then the Equality Act 2010 is relevant, so do tell us if that is the case.

    It was Morrisons, you're right perhaps taking the matter higher would help.

    As it happens I am a breastfeeding mother and this was part of the reason for the delayed return to the car, along with my sister in law going into labor and being left with her two small children to look after! Not as dramatic as it sounds, but if you think it is worth mentioning the breastfeeding aspect then let me know.
  • oneyey wrote: »
    It was Morrisons, you're right perhaps taking the matter higher would help.

    As it happens I am a breastfeeding mother and this was part of the reason for the delayed return to the car, along with my sister in law going into labor and being left with her two small children to look after! Not as dramatic as it sounds, but if you think it is worth mentioning the breastfeeding aspect then let me know.

    No, even though its a worthy comment, it wont wash with POPLA. so simply rely contract/loss , the breast feeding bit wont be considered in popla world.

    However definitely complain to Morrisons, very strongly worded letters to head office, advise you were breast feeding, they should cancel it and you may get a voucher if you word it right :)
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • spacey2012spacey2012 Forumite
    5.8K posts
    ✭✭✭✭
    Just to point out POPLA use "BPA Law", a bunch of rules made up by the parking scammers themselves.
    Be happy...;)
  • zzzLazyDaisyzzzLazyDaisy Forumite
    12.5K posts
    ✭✭✭✭✭
    Coupon-mad is the forum's Equality Act Queen!

    She will be along later (probably at silly o'clock in the morning) and she will point you in the right direction for info on EA protection for breastfeeding mums.

    On a more practical point - I would also hold off contacting Morrison's head office until you have C-M's input.

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Guys_DadGuys_Dad Forumite
    11K posts
    10,000 Posts Combo Breaker
    ✭✭✭✭✭
    You will win, no question. It is just a matter of what route.

    Least painful is if Morrison get it cancelled and you go I person to the manager threatening to involve head office if he is reluctant mentioning feeding baby and your equality rights. But as well you get an appeal based on feeding junior to the PPC and hope for a cancellation but settling for a POPLA code. Then you come back here.
  • Thanks guys, I will see what Coupon-Mad says about how best to approach. All the advice so far has been really helpful though, don't feel quite as stressed about it for a start.
This discussion has been closed.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support