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POPLA Appeal help please! Parking Eye - Welcome Break

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POPLA Appeal help please! Parking Eye - Welcome Break

7 replies 2.8K views
gingerstudiosgingerstudios Forumite
12 posts
Hi there I’m hoping one of you good people could please help me with my appeal to POPLA

Quick Background Story
On Saturday the 3rd Aug 2013 i pulled into a Welcome break service station for a rest at 12.21am after driving all evening going on vacation. I was also with the in laws and their caravan they parked next to us in the car park. We bought some refreshments from the services and got our heads down for a few hours.

When we parked up I saw a sign directly in front of us which read WARNING A.N.P.R Automatic Number Plate Recognition in Operation, Please pay for additional parking time if exceeded the 2 hour free stay limit BUT the sign had no instructions of where to pay.

We left the car park approx. 3 and ¾ hrs later and continued on our holidays. After two weeks away I arrived back to find a ParkingEye Parking Charge Notice letter on the mat - £100 Charge or £60 if paid in 14 days (is the ruling not 21 days to pay via a ANPR Camera?)

After reading the great advise on here I decided not to pay and not to ignore and appealed for the charge to be overturned due to us not entering contract with the land owner and that the excessive charge was way above any loss caused and you guessed it I received a rejection letter stating that my appeal was of a generic nature and they supplied me with a verification code to appeal to POPLA.

Since all this has been going on I’ve return to a welcome break and taken pictures of the sign that I was parked in front of as evidence to which it doesn’t state where to pay. I’ve also been informed that a 24hrs parking charge is only £10, so how can they now charge £100. To add to this the in-laws have never received a letter or charge. Could I challenge the charge as not being consistent? But then again don’t want to land them with a charge.

So I’m now about to appeal to POPLA and want to get it right as I’m aware this is my one and only chance with them. (this is what I want to put in my appeal do you think it will stand up and if not what other direction could I go with?

Thanks in advance (my appeal needs to be lodged by Wednesday the 25th of Sept)

Dear POPLA
I’m writing to appeal a parking charge, I feel I am not liable for the parking charge as there was insufficient signage in place at the point of parking. The only sign visible to me on site was the one attached as evidence. Although the sign states that I was only permitted to park for 2 hours free it didn’t give me any indication of where to pay therefore I was unable to determine what the relevant parking restrictions were because there was no clear signage to explain what they were and with no parking meters onsite I had very little options available to me. I also feel that the Charge notice is Punitive and unfair. The £100 parking charge is arbitrary and disproportionate to any alleged breach of contract or trespass when the charge for 24hrs parking is only £10 to which I would have paid if I had been given instruction to do so. Please see attached evidence (photo of the welcome break sign), as proof of my appeal.

I so hope you can help – thanks again

Replies

  • Far too wooly - you need to be very specific. Read the POPLA Decisions thread for examples of what can win.

    PS - you've left it very late to start writing your POPLA appeal !
  • Guys_DadGuys_Dad Forumite
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    Where to start?

    Your appeal to POPLA on its own is doomed to failure as POPLA do not do mitigation and are an organisation bought and paid for by the Parking industry.

    You certainly have an appeal point with the signs and the lack of instruction where to pay, but on their own don't stand much of a chance.

    Please take a look at some of the recent threads - with some better appeals based on other winning points as per the POPLA Decisions sticky thread (Contract with landowner and pre-estimate of loss)

    So, a POPLA appeal with at least 5 different points is needed. Have a look at post #33 here for some hints. You will need to tweak them to suit your case. Post up your first draft and we can comment.
  • hovite wrote: »
    Far too wooly - you need to be very specific. Read the POPLA Decisions thread for examples of what can win.

    PS - you've left it very late to start writing your POPLA appeal !
    Hovite - i've been away with work so only just got around to writing my appeal, thank you for you comments, i'll be back soon
  • Coupon-madCoupon-mad Forumite
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    Simplest thing is to read other POPLA appeals about Motorway Service Areas (MSAs). As explained to another poster here and you are going to learn more if you can search the forum effectively:

    http://forums.moneysavingexpert.com/showthread.php?p=63015928#post63015928

    Copy and paste from someone else's POPLA appeal in a MSA thread, I can think of at least two you will find when searching.

    ...and complain to the Manager of the Welcome Break in no uncertain terms (ASSERTIVELY) that the parking agent did not make it obvious how/where a driver could pay for extra time. And that their pursuit of this extortionate charge against a paying customer of Welcome Break is harassment.

    Just like the successful complaint cases at the top of the forum in the sticky thread I started this week. There's a successful Welcome Break one there.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks Coupon-mad, ok it took no less than 3 phone calls to welcome break but hopefully today I’ll receive a confirmation email from the assistant finance manager that the parking charge notice has been cancelled.

    The two previous calls I got nowhere, I was just told it was nothing to do with welcome break and it was parkingeye I needed to appeal too. Last night’s call however hopefully got the ticket quashed. I just spoke honestly and in a polite manner and before I put all my points across the lady just ok, I’ll get it cancelled (gobsmacked)

    She then went on to say just ignore all other correspondence as they are all automated, I then asked if I could have the cancellation confirmation emailed to me.

    So fingers crossed it will arrive today!

    Also a massive thank’s to Guys Dad & Hovite for your advice, much appreciated
  • Coupon-madCoupon-mad Forumite
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    Nice one, especially for making 3 phone calls which I have been suggesting recently...just keep rattling their cage - politely - be a thorn in their side till you get the nice manager on the phone!! :T

    I will add your thread to the successes:

    http://forums.moneysavingexpert.com/showthread.php?t=4766249

    We have 4 Welcome Break ones here now!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ifts finally arrived but at least it has - thanks for you help people

    Mr ???????,
    I have received confirmation that this ticket has been cancelled.
    I hope this resolves the issue.

    Tony
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