PCN Appeal rejected

cofe

Hi,

On Sunday, I parked at a private car park, paid and put a ticket for 2 hours, but exceeded the time limit by 15 minutes. I am currently 26 weeks pregnant and the reason for the delay was, when I finished my shopping and was trying to walk towards the parking lot, felt a bit dizzy and had to wait for sometime before I was fine to go back.

I appealed to PAYMYPCN, but my appeal was rejected. They have asked me to appeal to POPLA. Is it worth appealing to POPLA or will I end up paying the full parking charge of 100 pounds (else they have said 60 pounds).

Please advise.

Coupon-mad

Always worth appealing to POPLA using the specific appeal wording we use. See the NEWBIES top sticky thread, only post #3 'how to win at POPLA' (we win 100% of appeals but you would lose if you used your mitigation, so DON'T!).

Paymy PCN isn't the PPC's name so who was the PPC behind it, on the silly 'ticket'?

Show us the draft POPLA appeal you come up with - can be copied and pasted from one of ours and adapted from a similar one (i.e. choose an ANPR camera version if that's what your PCN was, or chose a windscreen ticket draft template if you got a windscreen PCN at first).

It is dead easy and you WILL WIN and maintain our (over a year) 100% record!

Herzlos

Definitely appeal to POPLA, as with help from this forum (read the NEWBIES sticky thread first) your appeal will win.

Don't pay them.

Hot_Bring

cofe wrote: »

Hi,

On Sunday, I parked at a private car park, paid and put a ticket for 2 hours, but exceeded the time limit by 15 minutes. I am currently 26 weeks pregnant and the reason for the delay was, when I finished my shopping and was trying to walk towards the parking lot, felt a bit dizzy and had to wait for sometime before I was fine to go back.

I appealed to PAYMYPCN, but my appeal was rejected. They have asked me to appeal to POPLA. Is it worth appealing to POPLA or will I end up paying the full parking charge of 100 pounds (else they have said 60 pounds).

Please advise.

Who's the PPC as you've only mentioned the payment portal ?

Yes, of course it's worth appealing to POPLA. Look at the templates in the Newbies thread ( under How to win at POPLA ) and pick the one that best suits your situation. Make sure you alter anything that doesn't apply in your case - e.g. if the appeal mentions it being dark when it wasn't.

Even if you lose at POPLA ( which you won't as we have a 100% record excluding a few test appeals ) then you still don't need to pay.

cofe

Thanks for the replies, feel better after reading it. I will draft an appeal and paste it for advise.

The parking lot was Montrose Crescent and the company mentioned on the ticket is PEA (Parking and Enforcement Agency).

Guys_Dad

Did they send you a POPLA code?

cofe

Yes, they have sent me a POPLA Code.

I have drafted this appeal, based on some other appeals I have seen. Could you please advise.

Dear Sir/Madam,
RE: POPLA XXXXXXXXXX
PCN Ticket Number : XXXXXXXXX
Date of Issue: 06-07-2014
Company : Parking and Enforcement Agency

This is my appeal as I am the driver of this car (already admitted in my appeal to the Parking Company)

SUMMARY OF THE INCIDENT AND BREACHES OF THE BPA CODE OF PRACTICE
The situation is that I am currently about 28 weeks pregnant (26 weeks at the time the incident took place) and was forced to stop on my way to the parking lot as I was feeling dizzy and couldn’t go on.

It was an emergency and my first priority at the time when hit by these sudden waves of dizziness was to sit somewhere safe, so I waited till the dizziness eased off, and then returned to my car when I felt well enough to drive home.

I had paid for the parking ticket till 15.11, but was issued a ticket at 15.20 and I returned to the car around 15.30. When I received the windscreen ticket for the time out, I wrote and explained my genuine emergency and also attached proof of my pregnancy by attaching the first page of my hospital note, expecting PEA to understand and cancel the charge. They refused but did not consider my appeal properly, which is a breach of the BPA Code of Practice. Their reply stated that the appeal has been rejected as a breach of the terms and conditions of parking occurred.

BREACH OF THE EQUALITY ACT 2010 (MATERNITY PROTECTION)
As well as the breaches of the BPA CoP I wish to point out to POPLA that in ignoring my circumstances, this Operator has breached UK maternity protection law as covered in the Equality Act 2010. The maternity section of the Equality Act makes it unlawful to harass a pregnant lady (in or out of the workplace) for any reason connected to her condition.

My emergency was completely caused by my condition, due to my stage of pregnancy. Operators - and indeed POPLA adjudicators - have to abide by UK laws, which take precedence over any 'contractual' terms & conditions (rendered null and void if the effect is to harass a pregnant lady).

I realise that POPLA cannot normally consider mitigating circumstances but in fact this 'charge' cannot be upheld by POPLA as the Operator breached the Equality Act as soon as they knew about my protected condition.

On the basis of all the points I have raised, this 'charge' fails to meet the standards set out in paragraph 19 of the BPA CoP and also fails to comply with the Equality Act 2010. It is unfair and punitive and, as such, I respectfully request that this appeal be allowed.

Signed:

Dated:

Redx

if you check the popla website you will see that they DO NOT consider mitigation, so IMHO your appeal above will FAIL

they do not even allow for the EA 2010 as its a separate issue and law (even if you or I feel they should do so)

you need the usual points of not a gpeol, no contract , poor signage etc

by all means consider a counter claim as an LBC and MCOL under the EA2010, but in the meantime your popla appeal should be similar to all the others on here, not what you have posted

Coupon-mad

Nope you need a full POPLA appeal copied from one of the templates. You'll lose by relying on the Equality Act - it's fine to INCLUDE that but not to base your whole appeal around it.

You can add any points you want at POPLA stage even those not raised earlier.

cofe

I have modified my appeal. My only worry is the other points I have mentioned, which I copied from the forums, whether they are valid in my case, poor signage and the land contract law and the ANPR section etc.


Dear Sir/Madam,
RE: POPLA XXXXXXXXXX
PCN Ticket Number : XXXXXXXXX
Date of Issue: 06-07-2014
Company : Parking and Enforcement Agency

This is my appeal as I am the driver of this car (already admitted in my appeal to the Parking Company)

SUMMARY OF THE INCIDENT AND BREACHES OF THE BPA CODE OF PRACTICE
The situation is that I am currently about 28 weeks pregnant (26 weeks at the time the incident took place) and was forced to stop on my way to the parking lot as I was feeling dizzy and couldn’t go on.

It was an emergency and my first priority at the time when hit by these sudden waves of dizziness was to sit somewhere safe, so I waited till the dizziness eased off, and then returned to my car when I felt well enough to drive home.

I had paid for the parking ticket till 15.11, but was issued a ticket at 15.20 and I returned to the car around 15.30. When I received the windscreen ticket for the time out, I wrote and explained my genuine emergency and also attached proof of my pregnancy by attaching the first page of my hospital note, expecting PEA to understand and cancel the charge. They refused but did not consider my appeal properly, which is a breach of the BPA Code of Practice. Their reply stated that the appeal has been rejected as a breach of the terms and conditions of parking occurred.

BREACH OF THE EQUALITY ACT 2010 (MATERNITY PROTECTION)
As well as the breaches of the BPA CoP I wish to point out to POPLA that in ignoring my circumstances, this Operator has breached UK maternity protection law as covered in the Equality Act 2010. The maternity section of the Equality Act makes it unlawful to harass a pregnant lady (in or out of the workplace) for any reason connected to her condition.

My emergency was completely caused by my condition, due to my stage of pregnancy. Operators - and indeed POPLA adjudicators - have to abide by UK laws, which take precedence over any 'contractual' terms & conditions (rendered null and void if the effect is to harass a pregnant lady).
I realise that POPLA cannot normally consider mitigating circumstances but in fact this 'charge' cannot be upheld by POPLA as the Operator breached the Equality Act as soon as they knew about my protected condition.

OTHER POINTS AGAINST AND IN RELATION TO THIS CHARGE
In case the adjudicator requires more information as to why this parking charge should not be paid - I have researched the matter and would like to point out the following:

UNCLEAR AND NON-COMPLIANT SIGNAGE
I have subsequently noticed that the signs in this car park are very hard to read and understand. I would repeat that I parked my car in a state of being pregnant, but even at the best will in the World, any driver would struggle to make out any terms on any signs. Under the BPA CoP, signs must display clear terms & conditions and must be placed at the entrance and also, near to all parking areas.
I saw no such signs - I believe PEA's signs here to be inadequate - and did not enter into any 'agreement' or 'contract' with PEA.

CONTRACT WITH THE LANDOWNER - NOT COMPLIANT WITH THE BPA CODE OF PRACTICE AND NO LEGAL STATUS TO OFFER PARKING OR ENFORCE TICKETS
PEA do not own this car park and are acting merely as agents for the owner/occupier. In their Notice and in the rejection letters, PEA have not provided me with any evidence that it is lawfully entitled to demand money from a driver, since they do not own nor have any interest or assignment of title of the land in question.
I do not believe that the Operator has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park, or indeed the legal standing to allege a breach of contract (as evidenced in the Higher Court findings in VCS v HMRC 2012).

I would require POPLA to please check whether PEA have provided a full copy of the actual contemporaneous, signed & dated contract with the landowner/occupier (not just a signed slip of paper saying it exists) and check that it specifically enables this Operator to pursue parking charges in their own name in the court system.

NO BREACH OF CONTRACT AND NO GENUINE PRE-ESTIMATE OF LOSS
PEA are clearly attempting to enforce this charge under paragraph B 19.5 of the BPA Code of Practice as they suggest my emergency constituted a breach of contract. As such, they must be required to validate this argument by providing POPLA with a detailed financial appraisal which evidences the genuine pre-estimated amount of loss or damages in this particular car park for this particular 'contravention'.

Since the Car park was not full and there were lots of empty spaces and no damage was caused, there can have been no loss arising from this incident. Neither can PEA lawfully include their operational day-to-day running costs in any 'loss' claimed. I contend there can be no loss shown whatsoever; no pre-estimate (prior to starting to 'charge for breaches' at this site) has been prepared or considered in advance.

In any case, no claim for loss for a 'breach of terms' can possibly apply to an 'Equality Act protected' person who has stopped in an emergency for a reason wholly caused by pregnancy. No contractual terms and conditions on a sign can be upheld if the effect is to unlawfully harass a pregnant woman.

ANPR SECTION OF THE BPA CODE OF PRACTICE
I further contend that PEA have failed to show me any evidence that the cameras in this car park comply with the requirements of the BPA Code of Practice part 21 (ANPR) and would require POPLA to consider that particular section of the Code in its entirety and decide whether the Operator has shown proof of contemporaneous manual checks and full compliance with section 21 of the Code, in its evidence.

UNLAWFUL PENALTY CHARGE
Since there was no demonstrable loss/damage and yet a breach of contract has been alleged, it can only remain a fact that this 'charge' is an attempt at dressing up an unlawful penalty to impersonate a parking ticket. This is similar to the decisions in several County Court cases such as Excel Parking Services v Hetherington-Jakeman (2008) also OBServices v Thurlow (review, February 2011) and in the case of Parking Eye v Smith (Manchester County Court December 2011).

On the basis of all the points I have raised, this 'charge' fails to meet the standards set out in paragraph 19 of the BPA CoP and also fails to comply with the CPUTR 2008, the Equality Act 2010 and basic contract law. It is unfair and punitive and, as such, I respectfully request that this appeal be allowed.

Signed:

Dated:

Redx

they are ALWAYS valid and its not your task to decide if they are valid or not , THAT IS THE TASK OF POPLA , do not do the job for the ppc , question everything , accept nothing

I would think you need more detail and legal arguments or relating to previous popla appeal wins in your actual popla appeal but its on the right track

also number the bullet points and headers of each section , with a bullet point numbered menu before the main appeal