15min overstay/PPC restricted 2 hr carpark. POPLA ref numb given/dates dont tally!!

Legacy_user

Hi,

I live in England.

I am at Part 12 of the Walk Through instructions for the appeal to POPLA and would like to know if I should use the same appeal I used to the Private Parking Company or other. They got my name and address from DVLA and are pursuing me the RK although I am not the owner or even a named driver, although other named drivers are on the policy, so I definitely wasn't the driver. Nothing illegal either but with certain insurance companies this LEGAL way reduced eighteen-year old's (owner) insurance fee to £2800 during the height of the insurance gender changes 2013- Earned his own NCB. For example LV, Hastings, etc.


Despite replying to PPC they are pursuing me as RK and have provided me with a POPLA number. I am not sure what to put as my appeal, the same as what I appealed against with PPC or other
I have been reading the forum advice over the past few weeks and was wondering if you can help as I don’t feel that I fit into any of your threads as my issue involves a 2hr restricted parking car park (not a ticketed machine) a retail company car park in which the two stores were closed, as it was way after 9pm when the driver was caught leaving by a camera, less than 2hrs 15 mins later- very dark picture with rear headlights, dates and time and clearly shows the reg number.


I ask if I should appeal on different grounds because of the following reasons. After following advice on this forum and going through all paper work I noticed :


• The arrival photograph shows headlights, date, time, etc, but I genuinely feel it could be any vehicle and they could have made it look like the one in question. They have put the reg plate in what could be a copy and paste grid underneath, but separated from the actual photograph; which has black dots either side of actual reg plate, to resemble reg plate screws, which aren’t shown on the entering photograph. Although this could have been done deviously but would they really stoop this low? I was wondering if they might be calling my bluff, as many others who attended the local event were entering, bumper- to- bumper, like you might see at a busy gig or football match, no barriers to let vehicles in or out individually, and no attendant around to ask for advice or to give a reason for an unforeseen over stay- which I now genuinely feel was part of the reason for the actual over stay which PPC claim is fifteen min’s. The event was a five min’s jog away, however it was policed and crowds were held back for a few min’s in the street, teenager doesn't actually know why but thinks there was a scuffle between crowd members, but jogged back, searched for an attendant which could be the reason why the driver was fifteen min’s over the restricted time, the car park had a few other cars on it and looked closed but a camera photographed the car when exiting.

• OMG POPLA’s appeal dates on the PPC latest letter “pay or appeal 28 days from receiving this letter ” DOES NOT TALLY according to the POPLA checker linked to the Stickles thread/forum as the dates are over ten days out. So I had better get a move on.

Parking control got my name and address from DVLA. It also states the driver was issued a parking charge of £60 but didn’t pay-which we knew nothing about until after my reply back to them, as it went to the wrong address. Invoice is addressed to me and asks me to pass the letter onto the driver and provide their name and address so they can pursue the driver.
I declined to pay or to pass on to driver but did provide the Owner details and returned it to them. In the same reply I made a soft appeal to the parking control explaining why I declined the offer to pay the fee on the grounds


• ‘The Fee is Disproportionate’ According to the Unfair Terms in Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the proposed figure you are asking for far exceeds the cost to the landowner.

• The parking charge amount is not a genuine pre-estimate of loss. The wording in the invoice indicates that the charge represents damages for a breach of the parking contract and therefore the charge must be a genuine pre-estimate of loss. If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific reason raised in my letter.

However they replied again (addressed to me not the driver) that the parking charge was correctly issued as vehicles are not permitted to park for over 2 hrs and that this was clearly stated on signs. It states their charges are not punitive, unfair or unreasonable and are inline with British Parking Association’s guidelines… liquidation damages… Either way parking charges are enforceable and do not mount to a penalty the onus of proving the amount is a penalty, rather than liquidated damages, is upon you (as the party against whom the parking charge was claimed)!

1) Pay the reduced £60
2) Make an appeal to POPLA with in 28 days… Which isn’t that far off now due to the dates being wrong and not tallying.

Please help
Thanks.