UKPC POPLA Appeal help appreciated

Dutch5773

Hi all,

I'm looking for some help..... and yes I'm a NEWBIE. I've been reading some of the threads already posted and wish I'd thought about this earlier. However I'm already at the POPLA Appeal stage and think I may have made some mistakes. Would a standard appeal still work for me?

Here's the background details:
Stay with my girlfriend who rents a flat with allocated parking. She doesn't drive so I use her permit - stuck in the windscreen of my car.
All ok there, however, my car breaks down and I borrow a garage car whilst it is being assessed at the garage overnight. I accidently leave the permit in my car so park borrowed car in a "Visitor allocated space". Lo and behold - PCN issued by UKPC at 4:17 am! Charged with "Parked in a permit space without displaying a valid permit". £90 charge reduced to £50 if paid within 14 days or appealed.
This amidst all the yukky rain and storms and a car-park that's never more than half full. No signs directly by visitors spaces but there are others around and one at entrance to car-park.

I appeal as the car is NOT owned by me. Appeal direct to UKPC explaining the situation with the breakdown and using the visitors space. They request evidence of the quoted permit, duly provided as photograph in a second letter to UKPC.

Second response from UKPC (just within the 35 days). Their appeals manager has given their "full consideration" and would accept a reduced payment of £15 as settlement. Also include a valid POPLA reference number.

I also received a "Notice to keeper" addressed to me requesting driver details? and Full payment of £90 and quoting "schedule 4 of the protection of freedoms act 2012". I'm not the registered keeper? This NTK was sent whilst they had my second letter with details of the permit I use... On checking the NTK is dated 70 days after the PCN issued?

In the meantime I have tried the letting agency of the girlfriends flat, they are not aware of a visitors parking permit nor could they find out the landowner (was hoping to contact directly to appeal to their common sense).

Now I'm at the point where I choose to:
- ignore UKPC (not advised it now seems),
- pay the reduced fee £15 (which does seem to stick in the throat) or
- appeal to POPLA but risk being charged with the full £90 fee (I'm worried that my earlier correspondence would blow my arguments away).

Would anyone offer their advice on my situation? If I appeal do I use the standard appeal template on the forum and quote:
1. the Charge is not a genuine pre-estimate of loss, Time of PCN issue, visitor space used, mitigating circumstances and genuine trying to park in the rules.
2. Lack of signage point, prove the signs were there, clear enough and of reflective material bearing in mind the weather, darkness and fences being replaced at the time. (their evidence shows the entrance sign photographed with a flash)
3. Lack of standing authority from landowner (would be nice to know who they are)
4. Unreasonable or unfair terms (again the signage argument and transparency).
5. NTK sent after 56 days?

What details should I clearly state if appealing?

Thanks for any help and advice in advance

da_rule

Is your POPLA code still in date?

If so then use one of the templates from the Newbies sticky thread and appeal to POPLA. What you put in your appeal to the PPC is of little relevance.

Dutch5773

Wow, quick reply thanks.
Yes, the POPLA code is still in date.

da_rule

Excellent. In that case then get your appeal off to POPLA. The main appeal points to include are: no genuine pre-estimate of loss, no standing to bring a claim etc. Basically the points listed on the POPLA appeal templates.

Dutch5773

So it doesn't matter too much about the circumstances, its the main points that the issuing firm have to prove as listed in the templates......

What about the risk of losing appeal?

da_rule

The circumstances do not matter. The idea of the appeal is to prove that the parking company have unlawfully issued the PCN. Therefore your actions are of no importance.

There have been no forum aided losses at POPLA where the templates based on legal arguments have been used.

Dutch5773

OK thanks, I shall get a POPLA appeal drafted for use then.

I'll advise how I get on.

Guys_Dad

Dutch5773 wrote: »

So it doesn't matter too much about the circumstances, its the main points that the issuing firm have to prove as listed in the templates......

What about the risk of losing appeal?

Yes there is a risk. However, post your appeal up here before you send it in and the risk is much reduced. We have a near 100% success at POPLA.

Dutch5773

OK thanks. I'll get an appeal drafted and posted for review.

Coupon-mad

Dutch5773 wrote: »

So it doesn't matter too much about the circumstances, its the main points that the issuing firm have to prove as listed in the templates......

What about the risk of losing appeal?

We don't lose at POPLA v UKPC. In fact we have 100% record against all BPA members. Nothing about 'what happened' please!

Just find a relevant POPLA appeal by either searching this forum for 'UKPC POPLA' (I am sure I wrote one a while back about that bargain £15 offer!) and finding someone else's posted on a recent thread, or look at the examples linked in post #3 of the NEWBIES thread under the hyperlink 'How to win at POPLA'.

Dutch5773

Ok thanks for pointing out about previous post on £15 fee. I'll look for that.