Permit visable but not on windscreen

BritishBeef

Hi all. Some fantastic information posted up here - much appreciated, thank you!

I feel quite out of my depth however

Here's the back story:

My wife has a private parking permit for a parking space she uses when she goes to work.

On 18th March 2014 received a 'parking charge notice' stuck to her window because the permit wasn't displayed.

The truth was that the permit was visible but it wasn't in it's holder (normally stuck to inside of windscreen)
because the windscreen has recently been replaced and the holder was damaged.
She had been having to remember to place the permit on the dashboard for a few days until she got a new permit holder.

The permit on this particular day was on the centre console between the seats, with all the necessary details clearly visible.
A cursory glance into the car would have been enough to see the permit. Of course Premier park state that it has to be displayed in the windscreen area or the vehicle.

The Parking company is Premier Park Ltd.

The car park she uses is actually for a block of flats. The car park doesn't have 'allocated' spaces but the only way you can gain access to the car park is with an electronic fob which activates the gate to let you drive in. One of the flat owners has 'leased' their permit to my wife for a monthly fee.

This presumably contravenes the flat owners' agreements when he purchased/rented flat.

My wife's car is a company car and is a lease from Lex.

This happened in England.


Where I am at right now:

We appealed the PCN directly to Premier Park which of course was denied.

I now therefore have the POPLA code from the appeal denial letter which was received on the 12th April 2014.

I have had some help in getting to this stage from some members of another forum but there seems to be more active people on here and I desperately need help with the POPLA appeal.

Is there an appeal template or similar case I can read through? I really have no idea on the way to word the appeal and on what grounds.

Any help with this is greatly appreciated. Thank you

Umkomaas

The NEWBIES sticky has everything you need to draft out a POPLA appeal. Post it up here afterwards and we'll run an eye over it before you send it off. Here's the link:

https://forums.moneysavingexpert.com/discussion/4816822

BritishBeef

Umkomaas wrote: »

The NEWBIES sticky has everything you need to draft out a POPLA appeal. Post it up here afterwards and we'll run an eye over it before you send it off. Here's the link:

https://forums.moneysavingexpert.com/discussion/4816822

Thanks very much Umkomaas. Sorry for being 'one of those' who failed to start at the beginning and therefore missed the noobie guides!

Thanks again and I'm now reading it all

Coupon-mad

Hope you found 'How to win at POPLA' which is a hyperlink in post #3 of the NEWBIES thread. We win 100% of the time. What do the signs onsite say, exact wording? Also did you compare your NTK to the POFA 2012 to see if they comply? They didn't even bother with any POFA 2012 legal wording in this example:

https://forums.moneysavingexpert.com/discussion/4947917

Without invoking POFA2012 the keeper is NOT legally liable. At all.

BritishBeef

Coupon-mad wrote: »

Hope you found 'How to win at POPLA' which is a hyperlink in post #3 of the NEWBIES thread. We win 100% of the time. What do the signs onsite say, exact wording? Also did you compare your NTK to the POFA 2012 to see if they comply? They didn't even bother with any POFA 2012 legal wording in this example:

https://forums.moneysavingexpert.com/discussion/4947917

Without invoking POFA2012 the keeper is NOT legally liable. At all.

Hi CM.
Thanks very much for the reply. I seem to have missed the notification for some reason?

I really need to get moving on the Appeal as the deadline is 8th May.

Here's a photo of the signage if it helps:



As for a NTK, I don't have one as we had to inform Premier Park straight away who the car's keeper was so that we received the communications and not the lease company (Lex). We also appealed in that same letter. Therefore the only communication we have received from Premier since the PCN on the windscreen is a appeal rejection letter with teh POPLA code on.

nigelbb

That sign is trying to pretend that the £100 is an agreed charge for parking BUT it is the standard perversion of contract law trying to pretend that the motorist enters into a contract & thus any damages for breaching that contract must be a Genuine Pre-Estimate of Loss.

The sign says "parking is only allowed...with a valid permit, ticket or written authority" i.e. you are not allowed to park if you don't have a permit etc "If you enter or park on this land contravening the terms & conditions you are agreeing to pay..." This is utter bollox. You cannot enter into a contract to do something that is forbidden

BritishBeef

Here's the only communication I have received from PP Ltd:

nigelbb

Is there a valid POPLA code that you have rendered invisible?

BritishBeef

nigelbb wrote: »

Is there a valid POPLA code that you have rendered invisible?

Oops! Yes there is and it's not been blanked. I have now. It is actually in the small print at the bottom.

bod1467

Ooh! Sneaky. Aren't they supposed to make the POPLA code clear and unequivocal?

BritishBeef

Yes it is a bit naughty, took me quite a while to realize that was the code. For a while I thought they had forgotten to include it in the letter.