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Fixed Charge Notice - Napier Parking MK

classylady2010
classylady2010 Posts: 14 Forumite
edited 10 September 2014 at 3:04PM in Parking tickets, fines & parking
Got Parking ticket on private land.

Help
«134

Comments

  • Coupon-mad
    Coupon-mad Posts: 161,375 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are you saying that you got the POPLA code 4 weeks ago? You do know you have 28 days from the date of the rejection letter to appeal to POPLA and we can help you to have a good chance of winning the appeal and paying nothing?

    Sounds to me like you may be looking at the 'discount' of just 14 days being up tomorrow but our view would be - so what! We want to help you win at POPLA and I hope you have a couple of weeks left for that? Check your POPLA code expiry date in post #3 of the newbies thread in the 'POPLA Code Checker' there and see how long you;ve got and let us know.

    Stop eyeing the discount, if that's what you are doing. Stop being intimidated. Not sure why you are getting text messages and letters for payment - if you still have time to appeal to POPLA they should NOT be hassling you at all, they have to allow you time to appeal to POPLA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 161,375 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So you've drafted it based upon the examples in the newbies thread post #3 'How to win at POPLA'? If not then back to the drawing board and then please show us your renewed draft? We will help, forget the hassle - are they really still hassling you NOW despite giving you a POPLA code? If so then complain to the BPA by email (post #6 of the newbies thread).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    so do you have a popla code ?

    and is the expiry near the end of september or early in october ?

    (the newbies thread tells you how to check this)

    also bear in mind the BB doesnt apply on private land , hence their refusal to consider it
  • Umkomaas
    Umkomaas Posts: 44,389 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 September 2014 at 2:01PM
    A 100% guaranteed failure at POPLA. You're lucky you've got here in time! You've skirted around the GPEOL appeal point but it's not clear enough or really set within the right context, so.....

    You need to go to the NEWBIES sticky, post #3 and read the section 'How to win at POPLA' and you will see why your first draft is quite a bit wide of the mark. Mitigating circumstances will cut absolutely no ice at POPLA, so don't waste any time on them.

    Take your time to assimilate some of the stuff before rushing to grab any old example just because it's couched in legal terms and presume it will do the job. Spend a couple of evenings pouring over the examples, then come back with a draft (copy and paste is fine provided it is an example that broadly covers your type of parking circumstances) and we'll help you to fine tune it.

    Ensure you don't miss the POPLA deadline, it's your best chance to stamp on this for good.

    HTH
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 8 September 2014 at 3:47PM
    go to the top of this forum in a new tab, the sticky threads are at the top , one of them is called "NEWBIES, read these FAQS first" or something similar, click on it and read it (seeing as you have not done so yet)

    the parking cowboys code checker lets you check the expiry date of the popla code, so you have no need to "assume" anything

    scroll to post #3 of the NEWBIES thread and click on the HOW TO WIN AT POPLA and you will see various popla appeals (and the code checker) , use a suitable one and copy into notepad, adapt it for your popla appeal and save it

    also use a new browser tab and go to the popla website where it tells you what can and cannot be used in your popla appeal

    I can tell you now, popla wont care on "what happened" , as "what happened on the day" isnt relevant to your popla appeal, they wont care , just as N@pier didnt

    they care about legal arguments, same as in a court of law , not "what happened"

    so forget your "story" (jackanory) and actually use legal points for your appeal

    also, if you read your BB booklet, you would realise it doesnt apply on private land, so it wont be relevant either (maybe it should be, but its not, despite what you or I may think, its irrelevant - sorry to be blunt I have one too so know about it)

    so read the newbies thread, , read the popla appeals examples through, check the popla website, wise up, bone up on the topic and then adapt a popla appeal, posting it here for critique

    we will help you, but its a learning process

    or pay parkingticketappeals.org.uk £16 to do the work for you, its your choice
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 8 September 2014 at 3:48PM
    read my last post

    what happened on the day is not a popla appeal

    you do not need to elaborate on "what happened"

    what you need to do is prepare a legal appeal based on legal arguments, no popla appeal has ever been won on "what happened" , not one, and there have been tens of thousands of popla appeals

    you can "flip" the picture round on your PC , and expand it , using a picture viewer on your PC, to read the terms and conditions
  • Umkomaas
    Umkomaas Posts: 44,389 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What I have written is exactly what happened. I am virgin to this sort of stuff I mean it may make me sound dumb but it took all this time to figure out how to post :-[.
    I don't even know how to got to NEWBIES sticky #3
    I just need help and am prepared to dome ground work but need to be directed.

    Go to near the bottom of this page and click on the 'Forum Jump' button. This should take you to the index page for this particular MSE forum. At the top of the listing of threads on the forum - the very first thread - you will find the sticky.

    Like most new posters you are feeling that sense of injustice (punishment does not reflect the crime) and obviously want to get it off your chest, but you do need to trust us (we are dealing literally with hundreds such posters every week of the year) when we say that 'whatever happened' is now largely immaterial to the way you need to proceed with this.

    We have seen some quite heart rending mitigation cases losing at POPLA because they thought their circumstances would receive sympathetic treatment - unfortunately they did not.

    You must now deal with this with a steel-cold approach - and please follow our guidance.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    just so you are clear on this aspect as to why popla wont want your story, this is a copy and paste from their website
    Grounds of appeal

    The grounds under which you can appeal the parking charge notice are as set out below. If you are not sure which ground applies then just explain your case fully but remember that the Assessor cannot allow an appeal solely because of mitigating circumstances.
    • The vehicle was not improperly parked: e.g. that the vehicle was not parked where stated on the parking charge notice; that you believe you were still within the time you paid for; that the voucher was clearly displayed or that the conditions were not properly signed.
    • The parking charge (ticket) exceeded the appropriate amount: e.g. that you are being asked to pay the wrong amount for the parking charge or that the charge has already been paid.
    • The vehicle was stolen: e.g. that the vehicle was improperly parked after being stolen. However, the fact that someone else was driving your vehicle, for example a family member, friend or colleague, is not in itself a valid ground of appeal. The fact that you told the driver that they could only use your vehicle on condition they did not get any parking tickets is not a valid ground of appeal.
    • I am not liable for the parking charge: e.g. that you had sold the vehicle before, or bought it after, the alleged improper parking. However, the fact that you had paid to park the vehicle in the first place (even if, for example, the voucher was not clearly displayed) is not in itself a valid ground of appeal.



    so as you can see, you are not being asked to explain the circumstances of "what happened" , which is why your explanation will fail at popla
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 8 September 2014 at 3:50PM
    just to rub salt in your wounds and to be blunt and honest , let me make another DUHHHHH observation you will not like

    this company MONITOR forums like this one and have most likely taken screenshots of this thread and your posts so will know exactly what happened as you have made an online statement which can be used against you at popla or in a court of law if this goes to an MCOL (small claims court)

    copy and paste of your posts

    screenshots of your posts

    all extra "evidence" for them because you are stating your side on an "open forum" which they definitely monitor , so the only thing they dont know now is your "shoe size" ;)

    lets assume you think not, or otherwise, then how did they get hold of the posts on here and pepipoo etc about a similar situation (not identical, but similar) , which parking prankster blogged about here

    http://parking-prankster.blogspot.co.uk/2014/09/napier-parking-issue-ticket-for-12.html

    they sent him a letter reply which he blogged about yesterday on his site

    http://parking-prankster.blogspot.co.uk/2014/09/the-grace-period-is-not-free-parking.html

    as you can see, they definitely dispute the details and they explain their side of the "story"

    in another thread on here, 4cr asked people to edit their posts due to n@pier reading them on here

    not only that but you helped them in their forum search by spelling the name correctly, greatly aiding them to find any post with their name in by using their name in the forum search box :)

    forewarned is forearmed, but sometimes a "no comment" interview is better than putting "your side" of the story

    frankly, I was appalled by the clarity in earlier posts ;) if you catch my drift

    again, sorry for being blunt, but once the genie is out of the bottle ....................
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    What happened is that you parked on someone's land in contravention of their wishes. They now want you to compensate them. The only matter here is the amount of the compensation and in order to pay as little as possible, (which is nil), you have to employ legal arguments which trump their legal arguments.
    You never know how far you can go until you go too far.
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