Machine not working

CaterpillarGirl

Hello and apologies if there is anything already on here about this but I couldn't find anything that matched the situation where the ticket machine wasn't working.

I would like some advice on whether to appeal to POPLA or just write back to the private pairing company to contest their refusal of my appeal.

I had 2 PCNs issued for not displaying a ticket. On both occasions the machine wasn't working.

I wrote to appeal based on this reason, stating that I didn't consider I had breached t's &cs since their machine wasn't working. I also sent a PO for £2 which was the money I would have paid if it had been working.

They have rejected the appeal as they say I should have phoned a helpline number to report it.

Should I appeal to POPLA ? Not sure if the details fit their grounds?

I stated in my appeal to the company that I felt the charge was unreasonable being £100 for the £2 they would have been paid, so possibly could use these grounds?

My position is that it's an unfair charge since their machine was faulty and why should there be any obligation for me to report their faulty machines? This doesn't easily fit any of the grounds of appeal that POPLA accept.

Any advice gratefully received.

bod1467

In almost all cases, the circumstances leading to the generation of a PCN are irrelevant. Please read the NEWBIES sticky thread ... there is a flowchart linked therefrom that explains the whole process in simple terms. There are also links to POPLA appeal examples.

Also, mitigating circumstances are irrelevant for POPLA appeals - POPLA even say so themselves on their website. Any appeal needs to attack the very foundation of the PPC's claim on legal basis - the appeal examples in this forum do just that.

PS - you don't say who is the PPC ... they may not even be BPA members in which case POPLA wouldn't apply anyway. Or have you been provided with POPLA code(s)?

CaterpillarGirl

Will look at that thread again then and try to work out what to do.

Haven't said who company is as saw the note saying they all scan this forum.

It is a member of BPA.

Should I ignore POPLA then and challenge based on legal grounds I find in the Newbie thread?

Will go and read again and try to work out what to do!

CaterpillarGirl

Should also say that their rejection letter states they will not accept further appeals.

bod1467

Please read the NEWBIES thread again so you can understand the process. You do NOT ignore POPLA ... you APPEAL to POPLA on legal grounds (such as no standing/authority, not a GPEOL, etc.) and that makes it all go away when you win.

CaterpillarGirl

Thanks Bod1467

Will go back and read more carefully

CaterpillarGirl

Hmmmm .... Having read through to stage 2 appealing to POPLA I think I may have already messed up as I didn't mention any of the things suggested in my original appeal to the PPC.

Didn't seek help on here till my appeal got rejected and I'm now out of my depth!

Can I still site the pre-estimate of loss stuff and the no legal capacity to issue parking charges stuff if I didn't mention it in my appeal to PPC?

bod1467

CaterpillarGirl wrote: »

Hmmmm .... Having read through to stage 2 appealing to POPLA I think I may have already messed up as I didn't mention any of the things suggested in my original appeal to the PPC.

So what?

CaterpillarGirl wrote: »

Didn't seek help on here till my appeal got rejected and I'm now out of my depth!

You're here now, that's what matters. And you've still got time to sort it out and win it.

CaterpillarGirl wrote: »

Can I still site the pre-estimate of loss stuff and the no legal capacity to issue parking charges stuff if I didn't mention it in my appeal to PPC?

Yes. The PPC may b!tch and moan about it, but who cares? They have no morals or scruples - they just want your money. Don't give them it.

CaterpillarGirl

I can't use any of the registered keeper stuff though I don't think as I have basically admitted I am the driver already in my appeal to the PPC but hopefully a case can be built just on the pre-estimate of loss and legal capacity to issue.

Only got 2 days to sort it too!

My 2 babies have been keeping me a bit too busy!!

Would people read a draft appeal to POPLA if I post one later?

Redx

just use the usual appeal points listed in almost every example of a popla appeal and get it to them asap , ideally online and attach the appeal when you login with the popla verification number

yes your draft appeal will be read and any suitable critique rasied , although without knowing the exact ppc it can be difficult to help you tailor your appeal or to ensure the correct points are made

if you have admitted being the driver, you just tailor it to suit the driver and not put in anything that is about the RK and pofa etc

so gpeol if its not a contractual pcn , no contract with landowner, bad signage etc, and anpr issues if it was an anpr ticket and not a windscreen ticket

CaterpillarGirl

The PPC is Excel. They talk about terms and conditions but don't think it's contractual?