Alleged parking charge on private land

againstum

Hello all , I posted on the 28th 03 10.27 about a UKPC ticket alleging parking on private land without appropriate permit. " da_rule " and others responded telling me to wait for their NTK. Still have not received this . Have since got " Which " magazine which conflicts with this. My main point is " Which " say the appeal has to be made within 30 days of alleged contravention. I have been in Consumers Association for many years ,they are usually right and my plan is to send ASAP the MSE template appeal plus some othe points UKPC have got wrong. Comments anyone please ?
" Which " " How to appeal a parking ticket on private land " page follows :

As of 1 October 2012, drivers wanting to contest a parking ticket issued in a private car park can use the new independent appeals service entitled POPLA (Parking on Private Land Appeals).
The POPLA scheme is run by London councils, although it is available across England and Wales. Motorists in Scotland and Northern Ireland don't have a private parking appeals service.
An independent adjudicator will review evidence submitted by both the motorist and the parking operator and determine whether the parking charge should stand or not.
But there are a few catches:

• Consumers must appeal the ticket to the car park operator first before they can go to the appeals service. There's a very short time window in which a parking ticket can be challenged - just 30 days. If a consumer attempts to appeal the ticket after this time the car park operator can dismiss the claim without having to consider it. The consumer will then be barred from going to the independent appeals service
• The appeals service only applies to firms in the British Parking Association's (BPA) Approved Operator Scheme (AOS). Car parks should display signs to indicate this - a specific entrance sign that will help to further identify a BPA operator is currently in the pipeline
• POPLA will not consider mitigating circumstances when making its verdict. This means that consumer appeals will only be upheld if the car park operator has broken the BPA’s Code of Practice or breached contract law.

Which? believes there is still too much uncertainty about the new private land system, and would like to see proper regulation of private parking in the same way as council-run parking, as well as an independent appeals scheme that considers mitigating circumstances.
More on

bod1467

I think it's actually 28 days not 30, and 21 days if the PPC is a member of the IPC rather than the BPA. But anyway ... the time starts after you receive the postal notice to keeper, NOT from the date of the event!

The advice here on this forum (and in the NEWBIES thread) is correct. Please follow it and ignore the nonsense found in Which!, Consumer Direct and Consumer Action Group. MSE and Pepipoo forums have the correct, up to date info.

ColliesCarer

You say you posted previously on 28th March but I can find no previous posts for your username - Edit - apologies I have seen your other post now.

Following a windscreen notice the notice to keeper will arrive no earlier than 29 days after the alleged event and could take up to 56 days to arrive.

I don't know what date that was but calculating from the 28th March means you still have some days to go before day 29.

The Which article is wrong.

The advice here remains the same - wait for the NtK - appeal it as the registered keeper using the template 1st appeal you will find in the sticky NEWBIES thread post #1.

Nodding_Donkey

I'm sure Which will help with your POPLA appeal as well (not)

bod1467

ColliesCarer wrote: »

You say you posted previously on 28th March but I can find no previous posts for your username.

I couldn't find this thread either.

https://forums.moneysavingexpert.com/discussion/4933399

ColliesCarer

bod1467 wrote: »

I couldn't find this thread either.

https://forums.moneysavingexpert.com/discussion/4933399

I shudda gone to specsavers Think I clicked on thanked posts.

@againstum Anyhooo - now know the alleged event was 26th March so earliest the NtK will arrive is 23rd April

bazster

There is no law regarding appeals, all there is is the wishy-washy Code of Practice of the feeble British Parking Association Ltd. What they say is this:

We consider it a reasonable timescale to allow 28 days
from the issue of the parking charge notice (in whatever
format you send it) to allow the driver, keeper or hirer to
challenge the enforcement action.

So the 28 days is not even a rule, it's merely a suggestion, and some companies specify quite different periods. Goodness only knows where Which? got a blanket 30 days from, it's fantasy.

The only place you will find real experts on how this all works is here, or on PePiPoo. The CAB don't have a clue, nor do the police and now, it seems, Which? is also among the ranks of the clueless.

The correct procedure is the procedure given here, hundreds and hundreds of times: ignore the windscreen ticket, wait for the Notice to Keeper. If you got a windscreen ticket on 28th March it's too early for the NtK to arrive. Just be patient and forget about the rubbish in Which?

bod1467

bazster wrote: »

So the 28 days is not even a rule, it's merely a suggestion

Sort of but not quite. The 28 days is very specific in POFA 2012 regarding transfer of liability from driver to keeper. If a windscreen notice is affixed (as in this case) then the notice to keeper must not be issued earlier than 28 days after the issuance of the notice to driver (so 29 days later), and must be issued (to be received?) within 28 days thereafter (so 56 days later).

bazster

bod1467 wrote: »

Sort of but not quite. The 28 days is very specific in POFA 2012 regarding transfer of liability from driver to keeper. If a windscreen notice is affixed (as in this case) then the notice to keeper must not be issued earlier than 28 days after the issuance of the notice to driver (so 29 days later), and must be issued (to be received?) within 28 days thereafter (so 56 days later).

I suggest you read the thread a bit more carefully. I'm not talking about timescales for issuing notices, and nor was the OP, we're discussing timescales for lodging appeals.

I've already told the OP it's too early yet for him to expect a NtK, but he's contemplating appealing anyway because he is (wrongly) under the impression that he has to so within 30 days of the windscreen ticket.

bod1467

bazster wrote: »

I suggest you read the thread a bit more carefully. I'm not talking about timescales for issuing notices, and nor was the OP, we're discussing timescales for lodging appeals.

I've already told the OP it's too early yet for him to expect a NtK, but he's contemplating appealing anyway because he is (wrongly) under the impression that he has to so within 30 days of the windscreen ticket.

Whatever. THAT point had already been covered.

bod1467 wrote: »

I think it's actually 28 days not 30, and 21 days if the PPC is a member of the IPC rather than the BPA. But anyway ... the time starts after you receive the postal notice to keeper, NOT from the date of the event!

bazster

bod1467 wrote: »

Whatever. THAT point had already been covered.

An apology just too hard for you to manage then?

And if you think you covered the point with a throwaway mention of 28 days (which, as I explained, isn't even true) then it's a good job there are people here with a rather better grasp of the detail.