8 minutes late

Palec

Hello I just wondered I got ticket on private parking because I was 8 minutes late when extending my stay for one hour, so I paid additional hour 8 minutes after first one expired, but got ticket meanwhile. I should pay £60 till 29.1.2013 if appeal to Popla and unsuccessful to pay £100 till 14/2/2014. Well I owe them about £0.20 pence, so how should I argue the case, based on unlawful penalty - they have it written in their conditions they will charge so much, what does it mean unlawful penalty? Can they charhe me so much money for 10 minutes, I wanted to pay some money in appeal, they wnat £60 or £100 if appeal to Popla by 14/2/2014. Well I was reading this part of freedoms act 2012 :The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified). The best grounds for appeal seems to be those: The best grounds seem to be:
"The parking charge (ticket) exceeds the relevant amount" (if the charge is not valid it should be zero), and;
"I am not liable for the parking charge" (if the charge is an unlawful penalty, or the PPC has no interest in the land to offer a contract, etc there will be no liability)
Even if you lose at POPLA, it's not binding on you and the PPC would still have to go to court if they wanted to pursue their claim. Note that you will have to exhaust the PPC's own so-called "appeals" process before POPLA will consider an appeal to them. They could take me to minor claims court probably, but for not even 10 minutes, what amount is legally claimable please. Thank you in advance for your help :-)

HO87

This is a thread intended for those who have already been through the POPLA process to comment on their experience - not a general query about a POPLA appeal. Start your own thread - but before doing so read the Newbies thread first.

HTH

Coupon-mad

Palec wrote: »

I should pay £60 till 29.1.2013 if appeal to Popla and unsuccessful to pay £100 till 14/2/2014.

You would be unsuccessful if you write about 'what happened' and 'only owing 20p' in a POPLA appeal trying to appeal to common sense (won't cut it!).

You won't be unsuccessful if you read the sticky thread advice at the top of the forum. 'Newbies read this first' would be a good place to start as in post #3 it has 'How to win at POPLA' as a link. Our wording wins every time which is why the sticky threads are there at the top, to give newbies what they need to know without even needing to post (in most cases).

Crabman

Hi and welcome to MSE :hello:

I've split your post into a new thread so all replies can be kept in one place

Coupon-mad

So once you have read the Newbies sticky thread, show us your draft POPLA appeal please. We want you to win at POPLA like everyone else does.

4consumerrights

I should pay £60 till 29.1.2013 if appeal to Popla and unsuccessful to pay £100 till 14/2/2014. Well I owe them about £0.20 pence, so how should I argue the case, based on unlawful penalty - they have it written in their conditions they will charge so much, what does it mean unlawful penalty? Can they charhe me so much money for 10 minutes, I wanted to pay some money in appeal, they wnat £60 or £100 if appeal to Popla by 14/2/2014.

Very confusing initial post - when I first skim read it - I thought you hadn't even made an appeal but now see you did.

Did they say unlawful penalty or is that your interpretation?
Why would you want to pay some money in when you made the appeal? The reduction in their "offer" for the reduced amount is standard -and must be offered as part of their code of practice (neither of which accurately reflects a GPEOL), but with our help you will be paying £0.:)
Which PPC is this?
Can you confirm they sent you the 10 digit verification code for POPLA ?
As others stated start reading about POPLA appeals and post up here before submitting.

The_Slithy_Tove

8 minutes late is well within any grace period that PPCs must allow in order to conform to the BPA Ltd AOS Code of Practice. Therefore send a strong complaint to the BPA (Steve Clark), highlighting this breach, ask him why you should have to waste your time and effort with these scammers, and tell him to sort them out. And once again, the DVLA have failed to carry out due diligence, and have given out the keeper details illegally.