Am I bang to rights?

blueberrygirl

I have stupidly ignored my PCN from Feb as I didn't know the law had changed until I checked this site. I overstayed by one hour and ten minutes in a two hour maximum stay car park, which, I know, makes over three hours. I was with an elderly relative shopping in the Range in St Helens, who wasn't feeling well, so we stayed in the caf! for a while. I have had two letters from Care Parking, trading name of Anchor Security Services with photos of the vehicle. Should I still appeal or have I got no chance given the length of time of overstay. Also, I'm not the registered keeper (He's not best pleased to say the least). Thanks

bod1467

Chances are you're too late to appeal anyway. Unless ...

Was this a windscreen PCN in Feb or postal?
If windscreen, have you (or the registered keeper if this is someone else) received a postal PCN?

Custard_Pie

Yes, you are guilty of the civil tort of trespass. The problem is that the invoice (parking charge) outweighs the offence and is not a genuine pre-estimate of loss. If it was me, I'd get the registered keeper to contact the company and reset the clock. Then get them to go for non GPEOL at PoPLA. Do your research on this forum for more details about this.

blueberrygirl

Yes it was postal. The first was a NTK which arrived after 14 days. The second was a formal demand which does say failure to provide owner/driver details within 28 days will result in an increase of £150.

blueberrygirl

By resetting the clock, do you mean providing the driver details?

bod1467

Yes. If the driver is a different-named person to the registered keeper, then naming the driver ...

#1 Discharges the keeper's liability under POFA2012
#2 Resets the clock so that the PPC sends a PCN to the driver - who can then appeal to the PPC (use template from NEWBIES thread), get rejected (probably), appeal to POPLA and win, everyone laughs at the PPC.

blueberrygirl

Thankyou. I have read the template letter in the newbie thread. Is it worth including in an appeal letter the reason for the overstay?

bod1467

Whilst you could (search this forum for Equality Act), the PPC and even POPLA won't care, so there's little point in doing so unless you were playing Russian Roulette and going to make that your ONLY appeal point. (i.e. to force POPLA to consider the Equality Act rather than the usual winning points of No GPEOL and No Standing).

Custard_Pie

blueberrygirl wrote: »

Thankyou. I have read the template letter in the newbie thread. Is it worth including in an appeal letter the reason for the overstay?

Mitigation is never a winner at PoPLA. They work to a certain criteria when judging to confirm the charge or discharge it.

Although cases at the small claims court have been more positive of late, they can still be a lottery at times and of course, more hassle.

No genuine pre-estimate of loss has a 100% success rate when used as a defense. To the point that some companies don't even contest a PoPLA claim when they see it on the form.

blueberrygirl

It does say on the letter I can still appeal. So, if I send a copy of the template letter its not worth including a point four in the section about denying liability?

Redx

not really because they will still believe you are liable and will chase the RK if they dont know the drivers details

unless you have a strong case (like those with shop receipts on retail parks etc), just follow the template letter and assume they will reject, then win at popla , a tried and tested strategy that works

if you appeal and its rejected and no popla code, then name the driver if that is possible (no windscreen ticket cases) and reset the clock, then appeal , then popla