Parking Eye - Parking Charge Notice

Umkomaas

5 - 8 weeks. You should get an estimated timeframe when POPLA acknowledge receipt of your appeal.

Georginio

Dear Knowledge fountains,


Today was the day my appeal was to be heard on (or after). Whilst I am aware the "or after" bit means it could still be a few days off, I just wondered if it was worth emailing POPLA in order to show I am aware and waiting. I have been sent no evidence to rebuff so am assuming at the moment that PE have left it, but really would like confirmation now.


Thanks in advance,

Umkomaas

Entirely up to you really. PE MO for the past 5 months+ has been not to contest forum assisted POPLA appeals, and in the absence of an Evidence Pack coming your way, I don't think your case is going to be any different.

Personally I'd wait (and sleep easy)!

ampersand

...agreed, Umkomaas.
#
Georginio - 'Dear Knowledge fountains...' just won you lasting friends and smiles:-)

It won't be long before we have our empty flutes at the ready, awaiting 'PPFFFTTT!

Georginio

Thanks both.


I haven't lost sleep over it, but it has been at the back of the mind and I was aware that today was the first possible day.


Your confidence throughout this has been very valuable. I still read the newbie posts on here fairly regularly and you can sense the intimidation people feel by it all. The certainty with which you all approach the process is a real comfort.

Georginio

My appeal was successful. PE did not present evidence as predicted on here.


I know the regulars here tend to offer congratulations, but I want to stress that I feel no pride but rather just gratitude over this. I did not fully understand the process or even my own appeal fully, but the support the board offered was immense.


I would like to go into a bit more detail about this all now, and offer the perspective of a newbie experiencing this all for the first time. I am assuming that with the appeal upheld I can now be very frank without facing further issues but just wanted to check this was the case. I will put the assessors statement in full up as well.

Coupon-mad

Yes you can be frank, you are safe! And do stick around to advise others who are newbies with the same doubts you had.

Georginio

Popla decision:


Reasons for the Assessor’s Determination
[FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]It is the Appellant’s case that the parking charge notice was issued incorrectly.
The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.
Accordingly I have no option but to allow the appeal.
[/FONT][/FONT]Amber Ahmed
[FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]Assessor




Ok so context and my thoughts.


We stay in Mawgan Porth (scene of the horrible incident with the drowning of the surfers last week) as part of a big family group every year and have done for years. We know the coastline very well and if you have been that way over the summer you will know as we do that paying for parking is a big deal. Generally speaking it involves giving some money to a guy and parking in a field. We just do it. The guy at the Watergate bay hotel (who own the car park) acknowledges we did on other days. Regardless of whether they are in the wrong, or we forgot, a fine (however fake I now know it is) of £90 is ridiculous. The first achievement of this forum was to reassure me that this is wrong and a stand should be taken. Later in the week’s holiday we went for a meal in Newquay and found ourselves at post-midnight driving to Fistral beach to look at the sea. The car park was deserted and we only stayed 20 mins. On that occasion I bought a ticket because of the strength of wording of some of the signs on entry, despite thinking it was ridiculous for an empty car park at that time of night. Having researched this it is clear that had I failed to do so it would have been two of these cases we would have been facing.


The first time you look at the forum it is intimidating. Everything is there, and it is worded as simply as I think it could be. The Newbies sticky is wonderful and everything is there. Having lurked in the forum over the last few weeks reading up on bits and pieces I completely get the frustration of “Can I fight this?” newbie threads, but I also am aware of how scary I found the experience initially. There was a desire to pay up just so it could be forgotten about.


I have been involved in a successful small claims court case against an unscrupulous employer and am not afraid of fighting for a cause. The thing that has left me baffled about this process is that mitigation means nothing to POPLA. Some of the stories I have read on this site where POPLA has been rejected have shocked me. So far as I can tell if there is a real reason for a problem POPLA don’t care. Meanwhile if you use the right terminology the PCN issuer has no leg to stand on even if you set out with the aim of parking without paying. If the right terminology unlocks this regardless of circumstance then I don’t really get why they are allowed to issue these tickets in the first place. It is clear to me that without the support of the amazing knowledge on this site, I could not have hoped to resolve this.


I don’t consider myself thick, (although this has made me rethink), but I genuinely didn’t understand my defence. I feel extremely angry with the Watergate Bay hotel for not cancelling in the first place, and I am relishing the prospect of re-making contact with them. I fully intend to be like a dog with a bone over that one. I feel justice has been carried out because the fine was so unreasonable, but as I said previously I feel gratitude rather than pride.


Particularly to Coupon-mad, Umkomaas and especially ampersand, but also to all those that have contributed to the stickies I am very grateful. I haven’t got the sense in what I have read that you are fully aware of just what an amazing service you are providing. This is an incredibly specialist topic and through your knowledge and support you are saving innocent people millions. I have been blown away by how many threads you are dealing with on a given evening, and for the free and crucial advice you offer it seems a relatively thankless task.


In the hope that I have made clear my gratitude, once again, thank you all so much.


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