Help with POPLA CE / Sportspace Hemel

hotbadger14

Hi All

Glad I found this place.

Date of incident: 06/05/14
Received parking charge notice 18/05/14
Demanded £60 or £100 if not paid within 14 days.

I was a new member to sportspace, late, and had not seen the signs. I sent an appeal letter that I wrote (before finding this place) with a copy of my receipt, as I was playing on a booked badminton court at the time.

They have replied with a POPLA code.

I am a little stuck as to exactly how to proceed now. There is almost too much information here, so how is the best way to handle a popla against CE (sportspace) and wording?

Thanks in advance :beer:

da_rule

What parking company is this? As I assume that Sportspace is the name of a gym/sport facility?

The next step is to appeal to POPLA. There are templates contained in the Newbies sticky thread, particularly if you follow the 'How to win at POPLA' link in post 3 of the thread.

Also, complain to Sportspace as they may have the ability to cancel the PCN.

hotbadger14

Yes its a sports centre that offers free parking when you input your number plate into the machine. I did not do this.

I am a member and also had a paid court booked. I am a new member this was my 2nd time parking!

I have read the newbie thread but just not sure what example is most relevant to me?

da_rule

What parking company is it?

hotbadger14

Civil Enforcement

Guys_Dad

Lots of threads on this car park. Try searching to see how others got on.

But do go to the sports centre, ask to see the manager and get them to get the ticket cancelled.

In the meantime, read the NEWBIES sticky thread at top of forum and knock up a POPLA appeal from a linked template and post it up for checking.

hotbadger14

I haven't found any template that mentions about being a member and having a court booked (and enclosing a receipt) or am I going down the wrong lines here?

Guys_Dad

hotbadger14 wrote: »

I haven't found any template that mentions about being a member and having a court booked (and enclosing a receipt) or am I going down the wrong lines here?

The NEWBIES thread makes it clear that the facts or mitigating points are worthless at POPLA. If you haven't read that, then you haven't read the NEWBIES thread properly.

You win at POPLA on a standard template that ignores the mitigating points and concentrates on things such as GPEOL, Contract, Signage, Penalties etc.

You need to understand that to win at POPLA.

Redx

hotbadger14 wrote: »

I haven't found any template that mentions about being a member and having a court booked (and enclosing a receipt) or am I going down the wrong lines here?

mitigation may well work with the landowner or retailer , or with a judge at small claims court

but if you check the popla appeals website it clearly states that mitigating factors such as you describe WILL NOT BE ALLOWED

hence guys dads previous replies

the what happened is not relevant in a popla appeal , which is why you wont find it in any templates

popla appeals are won on the legal arguments only , as the assessors are trained legal eagles per se

Coupon-mad

Another one in the same boat here:

https://forums.moneysavingexpert.com/discussion/4978773

so you can both plagiarise this one if you like but you will have to read every word and make a few changes to things like the details on the signs as yours may not be the same:

https://forums.moneysavingexpert.com/discussion/comment/64803331#Comment_64803331

Don't remove any of the points completely though except the grace period paragraph which I think doesn't make sense for your situation. Just make the wording work for you but don't say who was driving unless you've already given the game away about that earlier.

HTH

Queenbee8

Like other Sportspace users, I have looked at the example Popla appeal to Civil Enforcement Ltd but a lot of the points don't stack up because the car park in question doesn't charge for tickets.
You drive in and out without paying and are then expected to input your numberplate into a computer inside the sports centre in order to qualify as an "authorised user" for "three hours free parking".
I get the genereic points to raise in order to win regarding keeper liability, etc, but am confused on how to work the bit about the alleged breach.

Essentially we are being "invoiced" for failing to input numberplates or inputting them incorrectly (in my case).
Can we ask them for evidence of not having inputted numberplates?
What do we say about signage?
What do we say about section 9?

Sorry but I have read a great deal of these threads and I really don't know how to proceed. I also have a Response to Representation letter here from CEL telling me (predictably) that the "clear and visible" signs comply with BPA, the ticket has been issued under "contract law" that it isn't harassment, etc.

They refer to me as the driver even though I have never said I am. They do admit that due to DPA, they won't provide any details of contracts with landowner which strengthens that particular point.

But I need further advice please on how to proceed in order to win at Popla in these quite specific and strange circumstances - bottom line is, we were BONE FIDE users of this bloody car park, and therefore should count as "authorised" regardless or the inputting of numberplates into computers. Wouldn't want to let the 100 per cent success rate slide!

Thank you