Got PCN need to POPLA appeal

tenpinn0

Hi All,

Wonder if someone can help me, I parked in a private land car park and put my money in the pay and display meter, the coins dropped the machine made a printing sound but no ticket came out, i called both numbers on the board, one there was no answer the other was a automated system with no option to talk to someone. As i had no more change i did my shopping and got back to my car and had a PCN which i appealed with PaymyPCN.net but this was rejected. I have been given a code for POPLA so now need to write a appeal for them, can someone help me with this please?

Redx

everything you need to know and read and copy is in this thread https://forums.moneysavingexpert.com/discussion/4816822 or is linked from that same thread

formulate your own individual appeal from that and then post a redacted draft from notepad onto here for checking

tenpinn0

Thank you for your help, right here it goes it is a form to fill out rather than a letter. Under "why you are appealing" i asume it is best to tick "the parking charge (ticket) exceeded the appropiate amount" as I did pay but did not get a pay and display ticket?
For "tell us your reasons" would "The charge is a penalty and not a genuine pre-estimate of loss'. The £60/£100 charge asked for, far exceeds the cost to the landowner who did recieve £10.00 from myself but due to a machine malfunction i did not recieve a pay and display ticket. a attempt to contact them to advise on 2 seperate numbers failed to be answered by a person so i could not inform anyone of what had happened."

Redx

popla do not accept mitigation although you can mention the circumstances of "what happened" before or after your main points of appeal

here is a template letter you can study on wording etc https://forums.moneysavingexpert.com/discussion/4816165 although you may wish to look for similar appeals to your own circumstances and use those, but not a gpeol, bad signage and no contract all need to be in there somewhere, also bullet point them with numbers first, the explanations below with the same numbers, as per that template , so they can easily see the legal reasons for the appeal

tenpinn0

Thank you for your reply and help with this Redx, quick question then. As i understand it then i have no grounds to appeal based on me attempting to purchase a ticket, my money being taken but no ticket being supplied, is this correct? If so what should i of done differently?

Redx

from what I read you did everything correctly and it wasnt your problem , but I assume (because I dont know) that because you could not comply with the terms of parking they expect you to leave immediately

you have received a parking charge for parking and not displaying a valid ticket from what I can see , not for not paying for one

different scenario but lets assume I have a valid and paid for road fund license for my car , but it falls in the footwell due to frost inside the car, or its blowing a gale, so I get a ticket in the post or on my windscreen for it, they dont say , oh its ok , he has paid for one, they state the contravention is not displaying a valid license on the vehicle in the manner and place where it should be displayed

if I parked in a BB bay and did not display my BB, or it was upside down or in the footwell , I get a ticket for not displaying it, or not displaying it correctly , not for not having one or for not buying one (yes you do buy them , for £10)

my point in your case is that you can try it on its own and you would think you would win, but experience tells us that popla is a fickle beast and you may lose, no matter how you feel about it , so to be safe than sorry you add in the usual no contract , no gpeol and bad signage, hoping you get your appeal upheld on one of them

if they rule it upheld on your version of events, most people will have their flabbers gasted

tenpinn0

Yeah it just seems out of order how they have cameras pointing at the machines but they are not bothered about checking them if its not a advantage to them, plus when I got back to my car the person who gave me the ticket told me to appeal but it was rejected

Redx

well in that case the PPC may have broken the BPA CoP so you should complain to them directly by email

but on your behalf I just checked the popla website and you have 4 options to appeal on your form, here is what it says about one of them

I am not liable for the parking charge: e.g. that you had sold the vehicle before, or bought it after, the alleged improper parking. However, the fact that you had paid to park the vehicle in the first place (even if, for example, the voucher was not clearly displayed) is not in itself a valid ground of appeal.

seems quite clear to me that that appeal point would be rejected and that was your scenario

I suspect that you expect these companies to be fair, well they arent , so learn the lesson well

now open notepad and draft up a popla appeal witn no personal info in it, then post it on here for checking before sending it to popla or before doing an online appeal to popla

so no ref numbers, no personal info , etc

tenpinn0

Yeah suspected it wouldn't be, thank you for your help with this, need to go bed now as busy day tomorrow, will have it posted on here tomorrow afternoon

Half_way

Quick question, have you contcated the car park owner with a complaint about the actions of the agents ( the parking company)
As the parking company are agents acting for the principal ( car park owner) then the car aprk owner should be able to put a stop to this , and if they dont then the car park owner is responsible for the actions of their agents this means that in theory should you rack up any costs as a result of composing a popla challenge then they will/could be liable to repay you your costs
read this, but with the mindset that the car park owner, or whoever contracted the parking company to act on its/their behalf is responsible
http://parking-prankster.blogspot.co.uk/2013/12/laying-groundwork-prior-to-reclaiming.html

tenpinn0

I haven't contacted the car park owner yet, i have been trying to find out who owns it and believe it is Castle Car Park Management Limited looking at Google What is the best way to find out?