Another Peel centre thread

zzzLazyDaisy

samie18 wrote: »

will that not weaken the appeal and come across that I withheld info so I've delayed paying?

The registered keeper is not under any legal obligation to identify the driver of the vehicle on the day in question, but if the registered keeper chooses to identify the driver s/he may do so at any time before the start of court proceedings.

The above is a summary of the law contained in POFA 2012.

HTH

Daisy

samie18_2

I posted a few weeks ago about a parking ticket.

Brief details

Parked at the Peel centre May 2013 sure we got a ticket but never kept the ticket as proof as we knew nothing about the fine.
We then flew away on holiday to get married.

We returned to a parking ticket saying we did not buy a ticket and to pay £60

I replied to say i'm sure we did get a ticket and it was unfair of them to send a letter 2 weeks later notifying us of the fine as we didn't get chance to prove otherwise and they should ticket at the time so we would have then kept the proof.

I then got a reply saying i needed to tell them who was driving to which i can't remember as we both drive the car equally so asked if they could forward a better picture so i could tell them who it was as the picture we had was a black outline of a car with the reg plate.

I heard nothing until Sept saying you never replied so now owe us £100.

I came on here for advice and was told to name a driver. But before that we contacted excel again to say we did reply to you back in June asking for a better picture to which they had ignored.

I have today received a letter saying in receipt of your correspondence from NOV 24TH (still only nov 4th if i'm right so not sure how they work that date out!) as i did not provide a driver name they have rights to recover from the registered keeper.
I requested a better picture so i could then say who was driving which they have refused to provide.

They had therefore rejected my appeal and have enclosed a popla appeal form. It also says if popla reject my appeal i will incur further charges. (which i really dont want!)

Q1 should i name a driver as suggested previously?
or
Should i do the popla appeal?

I also contacted the dvla and bpa. Dvla said basically its none of their business and i haven't had a reply from the bpa.

Umkomaas

OP has already been given a response to this on another thread they started, so is well on the way now with research for a POPLA appeal.

https://forums.moneysavingexpert.com/discussion/4811538

All further advice on this thread from here on please.

samie18_2

Rough version below am i on the right lines?


On May 23 2013 we parked at the Peel centre in Stockport and are almost certain we got a ticket and displayed as normal.
We then went on holiday for 2 weeks and returned in June to a fine from Excel parking issued 4/6/13.
I challenged this penalty fine as i'm sure we had a ticket and asked for proof that we didn't have a ticket. As we weren't ticketed on the day we did not keep any proof of our ticket.
I then received a reply asking for the driver details. I responded that I wasn't sure who was driving as we equally share the driving and had been to lots of places that day so asked if they could forward a clearer picture as the one the sent was a black outline of a car with the reg plate.
I then heard nothing until Sept 28th saying i had ignored them and i now had to pay £100!

I am appealing this ticket on the grounds that

They have ignored my request to provide a clearer picture of the driver so I can appeal the ticket correctly against their requirements

a £100 penalty fine is massive fee for a 41 minute stay and i would like them to prove how they have lost this amount of money and prove how this fee is enforceable in line with the Unfair Contract Terms Act 1997

Had the signs been clearer and we were aware tickets were issued in the post and it was all automated number plate recognition the ticket would not have been discarded so easily so we had the proof.

Umkomaas

You need to do much more reading of the links I've given you. The evidence from your draft above is that you've not got your head around this stuff at all yet.

Stop rushing it. You've written a draft appeal based largely on mitigation. Mitigation (telling your story) will not be considered by POPLA.

So do spend more time looking at the links I gave you and bear in mind the pointers I gave you in your other thread. I'm replicating it here for ease of reference.

You'll get to find your way around things. There are some key issues you will need to include in your appeal, so look out for them in your research so you can get a good idea about what they are and how they can work in your favour. Here they are:

1. Signage
2. The PPC's proprietary interest in the land
3. Contract with the landowner
4. Genuine pre-estimate of loss (GPEOL)
5. Punitive (a penalty and therefore unlawful) nature of the charges

samie18_2

ok. I did read the links but really havent got my head around it! a lot of the appeals confused me as they were the replies not the initial appeal. ill try work round it and post another reply soon

thanks again

Umkomaas

samie18 wrote: »

ok. I did read the links but really havent got my head around it! a lot of the appeals confused me as they were the replies not the initial appeal. ill try work round it and post another reply soon

thanks again

You're sounding like you're going to rush it again. Make sure in your next draft that you have the 5 points I've given above shown in it, with a paragraph of appeal on each one.

You can copy and paste these paragraphs from other appeals shown in the links. Just make sure you understand what you're copying and pasting and that what's contained in the paragraphs have some relation to your circumstances.

Why not spend some time tomorrow reading up just on signage, then type something up (don't post it on here until you have a full draft of the appeal). Then the next day have a go at the next point in the list..... and so on. Don't try to eat the elephant in one bite!

But remember to make sure you are working within the POPLA deadline time.

Coupon-mad

samie18 wrote: »

ok. I did read the links but really havent got my head around it! a lot of the appeals confused me as they were the replies not the initial appeal. ill try work round it and post another reply soon

thanks again

You only have to choose one and pretty much copy it!

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

How easy is that...except that Schools seem to have stopped bothering to teach people how to write a simple letter these days. The amount of posters we get now who say 'I don't get it' when we give them a letter to COPY FROM is just stupid.

samie18_2

Thanks those links help loads!

samie18_2

I now have a bit of time to do this appeal.

I'm copying and pasting the links as told and i guess i am thick but i have clicked them all and they are mostly parking eye.

So i'm just changing the company name to excel but i have no idea if what is written applies to the peel centre so if i post what i've copied you might still tell me its wrong......