PCN Appeals

Quickathri

Can anyone help - what is the difference between an appeal against a PCN to POPLA and one to the IPC?

Redx

depends on signage , contracts , losses etc ,all the usual appeal points may or may not apply depending on the circumstances as the CoP for each one may be different

so there may be no difference in some cases, yet a massive difference in others , there is no "one size fits all" so each appeal has to be tailored accordingly to both of them

da_rule

It also depends on whether the parking company is a member of the BPA (POPLA) or the IPC (IAS).

Dee140157

Which parking company are you querying this about?

Quickathri

Company is Parking Control Management. An appeal has been turned down by them. They have said if I wish to appeal I should contact the IPC.

Dee140157

In that case follow information in newbie thread for appeal to IPC, but post draft here first to get some expert once overs as appealing to IPC has to be worded more carefully.
Do you have any copy of the signs in the car park concerned?

Coupon-mad

Quickathri wrote: »

Company is Parking Control Management. An appeal has been turned down by them. They have said if I wish to appeal I should contact the IPC.

You have less time to appeal to the IAS than POPLA, so you must ensure it is received within 21 days of that rejection letter so move quickly!

'No GPEOL' will work at IAS if 'failure to comply' or 'contravention' or 'breach' is mentioned on the signs or Notice to Keeper (the postal notice we hope you waited for rather than appealing straight away!). IPC members are supposed to use a 'contractual fee' model (NOT BREACH OF CONTRACT).

Bad signage wording is also one that the IAS consider. Be pedantic!

As is any breach of the IAS CoP; worth you reading through in detail to spot the flaws.

Quickathri

Actually, I have received two PCNs on differing dates. I was parked in disabled bays with a blue badge holder who has memory problems. Both times they forgot to put their blue badge on the dashboard despite being reminded to do so. Parking is free elsewhere on the site. I appealed both PCNs and heard nothing further regarding the first until a letter arrived from a debt collection company - Newlyn. Re the second the appeal was turned down and I have been told that if I want to take it further then I should appeal to IPC. I asked about POPLA because I had seen it mentioned elsewhere on this site.

Quickathri

Apologies for not saying thanks earlier for the interest shown in my problem. I am aware that I should be circumspect in what I say and am trying to reflect this in the information given. Having now read about the plight of others, I am amazed that reputable companies allow themselves to be associated with such practices.

Dee140157

For the second you need to draft your appeal to the IPC fairly sharpish. Can you let us know what the rejection letter actually says.

For the first you need to email the PPC and demand an IPC code so that you can appeal or you can ignore as Newlyn cannot take you to court. If you get a LBCC then you can fight it or ask for it to be referred back to IPC.

Display of blue badge is not a legal requirement on private land. Instead you will need to add to your appeal information regarding the disability referring to the Equality Act 2010 and protected rights of certain people icluding those with disability. Search The act on this forum, there are others I similar situations.

This along with other legal points is an important one to appeal on.

Hopefully Coupon mad will pop along again and give you some more specific advice on this.

Get drafting second appeal now.

Quickathri

Thank you Dee ... . I have written already in strong terms to the place we parked at and am awaiting a response from them. I believe the actions taken amount to discrimination and have told them so. Tomorrow I will dig out the papers again to see what they say against your and others' points in this stream. As a full-time carer I do not get much time - but I guess the fact that people are trying to get on with their lives is one of the things that companies rely on. It really makes me angry when vulnerable people are taken advantage of.