POPLA Appeal Help Please! and Queries

MagicalTrevor

Hi Everyone,
Recently the car park at my place of work was put under management by our landlord. I had hoped to have these cancelled by our landlord (they are normally very fair) however on this occasion they refused to cancel all of them. I've decided not to part with my money for paying these tickets. Unfortunately my badge wasn't on display on these days and I don't see how its fair to levy such an extortionate rate given the per annum charge of around £750 paid already per bay (some 20+ by my employer).

I've had a POPLA number generated for some of them (the rest are with the usual debt collectors) but I am going to try and push to get a POPLA number for those. How successful are people with trying to get a POPLA appeal number beyond the 28 days?

Please can you advise on my POPLA appeal below and let me have any feedback? I read the threads and tried to put this together off my research. I omitted the parking companies name because I wasn't sure if that could stand against me in anyway.

As the registered keeper I would like to appeal this charge on the following grounds.


1. No authority / appropriate contract
2. Not a genuine pre-estimate of loss.
3. Signage
4. Creditor not identified in the notice to keeper.



No Authority / Appropriate contract
I do not believe that JOEBLOGGS have the relevant interest in the land to claim damages nor that their contract with the land owner supports this.

Within the signage JOEBLOGGS alleges "if you park without permission or do not use a marked parking bay, we (JOEBLOGGS) will be in breach of our contract with the proprietor of this land" it then goes on to say that "we will require you (the trespasser) via the registered keeper to pay us £100 compensation as "liquidated damages" for our breach of contract".

I challenged JOEBLOGGS during my initial appeal to provide a copy of the contract proving they had the appropriate permission to apply this charge on the land and to support their claim that they pay damages . I also require JOEBLOGGS to provide evidence that they paid damages on this occasion.

A signed witness statement will not be sufficient for the contract - I required JOEBLOGGS to provide POPLA with a full un-redacted copy. This contract should hold a clause which creates their liability to pay the land owner 'liquidated damages' for their breach of contract, every time a driver receives a PCN.


Not a genuine pre-estimate of loss
The £100 charge asked for far exceeds the cost to the land owner / JOEBLOGGS, during my appeal JOEBLOGGS did not respond to my query as to how this charge was a genuine pre-estimate of loss. For this charge to be justified a full breakdown of costs must be supplied and this must add up to this £100 charge. Normal expenditure the company incurs to carry out their business i.e signage, offices, staff should not be included within this breakdown as these expenses would have been incurred regardless of whether the vehicle was parked or not. This is line with other recent POPLA decisions. This charge is punitive charge as the 'penalty' imposed is completely disproportionate to any alleged 'loss' by JOEBLOGGS.


Signage
The BPA code of practice at Appendix B sets out some very clear requirements for entrance signage. The signage does not conform to this requirement. JOEBLOGGS alleges a BPA assessor visited the site and approved the signage however it is very clear within the requirements that the minimum capital height for the Group 1 text in mm is 60 when entering the car park directly off a 30mph road however on the signage in use the Group 1 text is less than 30mm. A number of the signs within the car park are mounted above eye level and all of them are poorly lit.

Creditor not identified in the notice to keeper
The protection of freedoms act requires that the creditor is correctly identified within the notice to keeper however the notice to keeper received from JOEBLOGGS does not identify any party as 'the creditor'.


Due to these reasons I respectfully request that my appeal is upheld and the charge dismissed.

What do you think? What realistically are my chances of being successful here with the POPLA appeal?

Umkomaas

This is ANPR Ltd? You seem to share a Christian name with its founder - hope I'm not reading anything into that?

POPLA codes should be generated with a PPC rejection of initial appeal and should be with you within 35 days (not 28).

Your appeal covers all the key points including GPEOL, but if this is ANPR Ltd, then the contract with the landlord is a very key appeal point, given this 'breach' they purport to commit every time you don't display a permit - go figure. :cool:

Remember, each NtK must be appealed separately to POPLA, each with its own individual verification code.

For a bit more information on ANPR Ltd look at this current thread and then check further the links provided within it.

https://forums.moneysavingexpert.com/discussion/4859214

MagicalTrevor

Thanks but my name on this forum isn't actually related to my christian name! It's a character from a viral internet comic.

It's not related to ANPR ltd but thanks for pointing me to that thread I will have a read over it.

Do you think I need to make that point more prominent or is it clear enough?

Thanks,

Umkomaas

Can you tell us who the PPC is please? I'm not aware of any other PPC that pursues the 'we're in breach of our contract with the landowner if you fail to display a permit'.

Which appeal point specifically are you asking about further emphasising - the 'we're in breach' one?

Coupon-mad

MagicalTrevor wrote: »

Thanks but my name on this forum isn't actually related to my christian name! It's a character from a viral internet comic.

It's not related to ANPR ltd but thanks for pointing me to that thread I will have a read over it.

Do you think I need to make that point more prominent or is it clear enough?

''Everyone loves Magical Trevor, the things that he does, are ever so clever; Look at him now, disappearing a cow!''

You have just made me Google and watch all 4 of the MT tunes again, love them, so catchy, and you have a Magical Toe and all!!

MagicalTrevor wrote: »

How successful are people with trying to get a POPLA appeal number beyond the 28 days?

Not very successful (POPLA could well reject the old ones) but bung them all in this weekend anyway online, urgently, seeing as POPLA is on holiday until Monday and will have a backlog and may not notice. That version should win as long as this is not Combined Parking Solutions (in other words, as long as the signage or ticket alleges 'breach of terms' or 'contravening' or 'without permission' you will win on no GPEOL). Just submit them and keep tabs on them all so they all go to POPLA in time - you are doing a great job by the sound of it in sorting these out!