Mitigation

lazylenny

da_rule wrote: »

Mitigation, along with the other points of appeal can be used when appealing to the parking company. Some of whom have relatively good track records of cancelling PCN's when there is genuine mitigation, especially if you can prove you were a customer of one of the businesses on the site.

Is "overstay (1h41min instead of 1h30min) due to shopping (and additional time for sorting out receipt error)" a mitigation circumstance? If so, how to include it in the shorted version of online appear to Parking Eye? I just managed to start a new thread for it entitled "PCN - Parking Eye - ALDI Yarm (Stockton On Tees)". Thanks.

Dee140157

Replies will be on that thread not here.

adamos

da_rule wrote: »

Mitigation, along with the other points of appeal can be used when appealing to the parking company. Some of whom have relatively good track records of cancelling PCN's when there is genuine mitigation, especially if you can prove you were a customer of one of the businesses on the site.

Hi, you mention that mitigation can be used in the appeal to the PCC in the hope they will cancel a PCN.

On the Newbie thread, post #1 under 'the first appeal to the PCC' it says that mitigation should not be used in the appeal, and posts a link to your thread, but as you have explained it is POPLA who are only interested in law and not mitigation.

What do you advise for the first appeal to PCC?
1. A letter, as in the template, about no genuine pre-est. of loss etc;
2. a letter detailing only the mitigating circumstances, or;
3. both law aspects and mitigation, in the hope it will be cancelled.

Thanks for your help! Have found the forum very helpful so far, please keep it up!

HO87

adamos wrote: »

Hi, you mention that mitigation can be used in the appeal to the PCC in the hope they will cancel a PCN.

On the Newbie thread, post #1 under 'the first appeal to the PCC' it says that mitigation should not be used in the appeal, and posts a link to your thread, but as you have explained it is POPLA who are only interested in law and not mitigation.

What do you advise for the first appeal to PCC?
1. A letter, as in the template, about no genuine pre-est. of loss etc;
2. a letter detailing only the mitigating circumstances, or;
3. both law aspects and mitigation, in the hope it will be cancelled.

Thanks for your help! Have found the forum very helpful so far, please keep it up!

Th logic goes something like this.

Using one of the POPLA appeals templates from this forum will enable you to win most, if not all, POPLA appeals. In order to be able to appeal to POPLA one must first have appealed unsuccessfully to the PPC. The code of practice requires PPC's that upon rejecting a motorist's appeal they must provide him with a POPLA reference.

From that point of view, in a sense, it matters not what you put in your appeal to a PPC as the objective is to obtain the POPLA reference. It is well known that a certain blogger (did I say Parking Prankster?) once appealed to a PPC suggesting that radioactive spiders had influenced the passage of time/his presence in a car park or something equally as bizarre. Needless to say that appeal was rejected but he was able to then appeal to POPLA - which is after all the objective.

It then follows that if you have mitigation you believe is relevant then it can do no harm in appealing to the PPC on that basis. The very worst the PPC can do is to reject it which is, after all, the objective. Importantly you are not obliged to stick to those same mitigatory points when appealing to POPLA indeed it would be very unwise to do so.

My personal preference is for a mix of mitigation AND the established winning legal points - Lack of standing; GPEOL, poor signage etc.

Hope that helps.

adamos

Hi HO87

Thanks very much for clearing that up. I will add a short paragraph about mitigation to the end of the letter. I'm sure it will be rejected but then it will be the POPLA route.

Thank again for your time!
:beer:

Sophia29

HO87 wrote: »

Th logic goes something like this.

Using one of the POPLA appeals templates from this forum will enable you to win most, if not all, POPLA appeals. In order to be able to appeal to POPLA one must first have appealed unsuccessfully to the PPC. The code of practice requires PPC's that upon rejecting a motorist's appeal they must provide him with a POPLA reference.

From that point of view, in a sense, it matters not what you put in your appeal to a PPC as the objective is to obtain the POPLA reference. It is well known that a certain blogger (did I say Parking Prankster?) once appealed to a PPC suggesting that radioactive spiders had influenced the passage of time/his presence in a car park or something equally as bizarre. Needless to say that appeal was rejected but he was able to then appeal to POPLA - which is after all the objective.

It then follows that if you have mitigation you believe is relevant then it can do no harm in appealing to the PPC on that basis. The very worst the PPC can do is to reject it which is, after all, the objective. Importantly you are not obliged to stick to those same mitigatory points when appealing to POPLA indeed it would be very unwise to do so.

My personal preference is for a mix of mitigation AND the established winning legal points - Lack of standing; GPEOL, poor signage etc.

Hope that helps.

Hi HO87,

just read the above as Im trying to find the answer to a simmialr question. (posted a thread a few hours ago with all my case's details looking for advice)

I had a windscreen ticket from ANPR for parking in my friends car park but it had the wrong reg on so I ignored and 62 days later I have now received a letter in the post.(both documents have different dates on for the parking 'offence' in question also)

Can I write to ANPR stating I (or the registered keeper) denies any liability as the document has a registration not of my car? Or is this mitigating circumstances? Some people seem to think this will not help?

I will tell them to send back popla code should they ignore the registration point but when i sppeal to popla could ANPR then use my original letter outlining me trying to deny liability through incorrect reg against me?

Thanks,

Half_way

the initial Challenge/appeal to the parking company and the land owner can include as much mitigation as you like.
When /if it gets to popla you must focus on the legal issues only as laid out in the templates on here
If you go to the land owner/car park owner this must be done in parallel to any challenge with the PPC keep an eye on any time limits with regards to POPLA etc.

If you want to see just how far you can stretch things with the parking company take a look at this post on the parking prankster blog:
http://parking-prankster.blogspot.co.uk/2013/05/highview-parking-spurred-into-immediate.html
And the appeal/challenge to the parking company

As my car was not parked at this location between the times stated, I can only assume that you have made a mistake.

Fortunately for the last few years I have begun to suspect that I am cultivating superpowers. I believe this is because I may have been bitten by a radioactive spider when I was a child. The particular superpower I possess is to cancel any parking charge notice issued to me.

In the unlikely event you possess enough kryptonite to overcome my superpowers, and you refuse to cancel this invoice,please issue me with a POPLA appeal code.

Coupon-mad

Sophia29 wrote: »

Hi HO87,

just read the above as Im trying to find the answer to a simmialr question. (posted a thread a few hours ago with all my case's details looking for advice)

I had a windscreen ticket from ANPR for parking in my friends car park but it had the wrong reg on so I ignored and 62 days later I have now received a letter in the post.(both documents have different dates on for the parking 'offence' in question also)

Can I write to ANPR stating I (or the registered keeper) denies any liability as the document has a registration not of my car? Or is this mitigating circumstances? Some people seem to think this will not help?

I will tell them to send back popla code should they ignore the registration point but when i sppeal to popla could ANPR then use my original letter outlining me trying to deny liability through incorrect reg against me?

Thanks,

Why not just use the template first appeal in the Newbies thread and add a point F which says 'The PCN and the NTK do not match as the PCN has a different date and different car registration on it. Your case is doomed.'

I see you have started your own thread now anyway so further discussion should continue here:

https://forums.moneysavingexpert.com/discussion/5089520

LNA_2

Hello da_rule and Coupon-mad
Before I appeal against my 'PCN' I wanted to double check something. After parking, I asked two 'civil enforcement officers' about parking there (i.e. the exact place on the road). Both confirmed that it was fine to park there. Yet shortly after they issued their 'ticket'. I'm pretty sure they'd now deny it.
Is this worth mentioning or should I stick to the template?
Many thanks.

trisontana

LNA wrote: »

Hello da_rule and Coupon-mad
Before I appeal against my 'PCN' I wanted to double check something. After parking, I asked two 'civil enforcement officers' about parking there (i.e. the exact place on the road). Both confirmed that it was fine to park there. Yet shortly after they issued their 'ticket'. I'm pretty sure they'd now deny it.
Is this worth mentioning or should I stick to the template?
Many thanks.

Could you please start your own thread/ That way you will get answers tailored to particular situation. By the look of it, this seems to be a council ticket and not one issued by a private parking company.