Should I appeal to POPLA?

sunrise99

Hi All,

I received a Parking Charge Notice for around 3 weeks back for 'not displaying a valid permit' by P4 parking. I have since appealed and they have denied it. I have couple of weeks to consider POPLA or just pay £60 at discounted rate. The story goes on like this ...

I live in the block of flats (rent a flat) which has allocated space for residents. When I moved in (around 6 months back), I was not given a permit by the letting agency as the previous tenant also didn't have one but was assured that there was a parking space assigned with this flat. I checked with concierge and confirmed this. I saw almost all vehicles with no permits so it didn't cause any concern.

Around Oct last year, the management company issued circulars to get vehicles registered at the concierge stating that they will issue new parking permits. I promptly got my vehicle registered in their register. In Nov/Dec another reminder was issued stating the last date for registration is end of Jan'15. I guess, prior to this they hadn't contracted with P4 parking. Anyway, since I had registered I didn't worry too much.

Earlier, you could park in any space but starting this year, the concierge (mgmt company) started sticking notes on vehicles if you've parked in someone else's 'allocated space'.

On the fateful friday evening, I saw someone else's car parked in my bay, so I parked in the adjacent bay. I was in a rush to catch a train later so thought it should be alright. I was away for a long weekend and when I was back I saw 2 notes stuck on the windscreen - One from the management company stating 'parked in someone else's bay' issued on Saturday and other (a ticket) from P4 parking issued on the following Monday.

Since the ticket spoke about displaying parking permit, I subsequently emailed the management company asking if they had issued parking permits. The answer was 'No' as they hadn't received details from all residents - I have this email as evidence.

I also appealed to P4 parking explaining the situation (unfortunately admitting that I had parked in the adjacent bay); also gave them copy of my train tickets. But their response spoke only about 'not displaying valid permit'; nothing about parking in other bay. They have attached photos of my vehicle with the two notes mentioned above and a post which says its a private land and valid permit should be displayed.

Even now I don't have any permit and most/all the vehicles I see have no permits displayed.

As evidence, I have 2 circulars issued by management company and email response dated last week stating that they have not issued new parking permits. Given this, is it sufficient to appeal to POPLA? Other ground of appeal may be disproportionate charges for any loses (there was no loss as such I think!)?

OR - given I have admitted I have parked in someone else's bay and the notice from the management company states that as well, it's of no use? But the ticket doesn't mention this as the cause nor does P4 parking's response - it mentions only about not displaying valid permit.

I'm in two minds and would really appreciate honest prompt advice. Thanks!

pogofish

Get yourself into the Parking Tickets forum and start by reading the Newbies Sticky carefully. It contains all you need to deal with these jokers.

After that, have a look at some of the recent (last six months or so) threads and search the POPLA Decisions thread to see more of what wins for them. Disregard older threads as the advice is always evolving. Do not rely on the facts of your situation for an appeal - POPLA almost always disregard facts but there are plenty of good solid challenges that do work in the Sticky.

Then, if this thread isn't moved soon, start your own thread in that forum, or PM Crabman to get it moved. You will get plenty good advice there.

sunrise99

Thanks pogofish. I'll check that forum and will post a thread there