CEL KFC Christchurch

shrimp_0211

I'm hoping someone can help we received a PCN from CEL stating that we were 20 minutes over the 75 minutes allowed in the KFC car park in christchurch. We were inside the restaurant the whole time we have 2 very slow eaters. We have appealed in writing and have today received a rejection of appeal with a POPLA code can some one help with how I should no proceed. I have also contacted KFC to say how disgusted I am with this.

Stroma

Please appeal to popla on this , here are the main points you need but do read up and do research, it's from coupon mad but just edit the parking company name

CONTRACT WITH LANDOWNER - NOT COMPLIANT WITH THE BPA CODE OF PRACTICE AND NO STATUS TO OFFER PARKING OR ENFORCE TICKETS
UKPC do not own this car park and are acting merely as agents for the Hospital. UKPC has not provided me with any evidence that it is lawfully entitled to offer parking spaces, allege breach of contract or enforce parking charges (as evidenced in the Higher Court findings in VCS v HMRC 2012). UKPC has no proprietary interest or assignment of title of the land in question.

I require UKPC to provide a full copy of the contemporaneous, signed & dated contract with the landowner (not just a signed slip of paper from someone at the Hospital) because even if one exists, I say it does not specifically enable UKPC to pursue parking charges in the courts. This would not be compliant with the requirements set out in the BPA Code of Practice.

NO BREACH OF CONTRACT AND NO GENUINE PRE-ESTIMATE OF LOSS
UKPC are clearly attempting to enforce this charge under paragraph B 19.5 of the BPA Code of Practice and must be required to validate this argument by providing POPLA with a detailed financial appraisal which evidences the genuine pre-estimated amount of loss or damages in this particular car park for this particular 'contravention'.

UKPC have not shown a breakdown of their alleged 'loss' - which cannot include their operational day-to-day running costs. No claim for loss for a 'breach of terms' can possibly apply to a disabled driver needing and using a 'reasonable adjustment' provision which is directly already provided by the Hospital. Since I obtained a ticket and duly had it validated in the Hospital, there can have been no loss arising from this incident and the only elements of a contract I agreed to were between myself and the Hospital alone. This parking space cannot somehow have been offered again - on more restrictive limited and discriminatory terms - by a mere agent, UKPC.

UNLAWFUL PENALTY CHARGE
Since there was no demonstrable loss/damage and yet a breach of contract has been alleged, this 'charge' can only be an unlawful attempt at dressing up a penalty to impersonate a parking ticket. This was the case in several compelling and comparable Court decisions such as UKCPS v Murphy April 2012 (a case involving a disabled bay and no Blue Badge, where the 'Parking Charge' was found to be a penalty). Also Excel Parking Services v Hetherington-Jakeman (2008) also OBServices v Thurlow (review, February 2011) and in Parking Eye v Smith (Manchester County Court December 2011).

This transparently punitive charge by UKPC is therefore unenforceable.

Umkomaas

shrimp_0211 wrote: »

I'm hoping someone can help we received a PCN from CEL stating that we were 20 minutes over the 75 minutes allowed in the KFC car park in christchurch. We were inside the restaurant the whole time we have 2 very slow eaters. We have appealed in writing and have today received a rejection of appeal with a POPLA code can some one help with how I should no proceed. I have also contacted KFC to say how disgusted I am with this.

First thing I would do is to follow up your letter with either a visit (preferably) or a letter to THE manager and assertively explain that the whole time you spent in his car park was patronising his restaurant, eating his food and giving him your money. If you eat there regularly I would place some emphasis on that too.

But you also need to plan for POPLA - this is the sure fire way of kicking your parking charge into the long grass. Do some research on the following links (especially the most recent cases) to see and learn the points that win. Do note that telling POPLA how unfair this charge is especially as you are slow eaters WILL NOT WIN!

You need to base your appeal on legal and technical points (you will see these in the links I'm giving you) NOT on mitigating circumstances. Look especially for and at the following:

1. Signage
2. Proprietary interest in the land
3. Contract with the landowner, and especially the PPC's right to pursue charges through the courts
4. Pre-estimate of losses (the biggie at the moment where no PPC has been able to persuade POPLA that the charges they claim have any relationship to 'losses'

Draft up your first attempt and post it in this thread, we'll look it over and give you some pointers to fine tune it (if necessary). Don't take your eye off the ball and miss the deadline to get this off to POPLA - 28 days days from your rejection date, miss it and it's gone - for good, no second chance.

https://forums.moneysavingexpert.com/discussion/4488337

http://forums.pepipoo.com/index.php?act=SF&s=&f=17

So a need to get on with things, but do take some time to read up before you start putting pen to paper. You can, and you are encouraged to copy and paste relevant paragraphs from others' appeals. You will need to understand what the paragraph is about, and you may have to 'flex' some of them to fit in with your style of writing.

Look forward to seeing your first draft.

kirkbyinfurnesslad_2

https://www.parkingcowboys.co.uk/popla gives u all the info you need as well

shrimp_0211

Thank you I wilk have a good read. We have apparently misplaced the original letter but I'm sure it was 14 days after the event that it was sent should I request a new letter

Stroma

No it's pointless, just draw up the draft copy of your appeal to popla, most of what you need is above, please research and add more to it. One thing popla will not consider mitigation so it's pointless adding it.

kirkbyinfurnesslad_2

no dont waste time with that

Just do as advised and follow the guidance already , all you need to do now is post up your draft appeal and then when its been checked send it of

Guys_Dad

Agreed. Just use a modified version of Stroma's suggestion. Nothing more is needed and on current results, is a sure fire winner.

Please don't try to make too many changes or change the tone. It's good as it stands.

shrimp_0211

The other problem I have is I can't go back and check the signs as we were on holiday there when we received it. Do I need to or will they be farly standard across companies

kirkbyinfurnesslad_2

I've already advised you.

Read the links given and go from there, signs are totally irrelevent

Stroma

Those are mitigating circumstances and pointless adding to the appeal, along with I was a slow eater, didn't see signs, I was only a few minutes late, and various other things along those lines, or anything that actually happened on the day.

You have what you need above, please use that we will help you win this but mitigating circumstances are not going to work, trust us we've seen what fails and what wins probably thousands of times