Should I Appeal to POPLA

MDC40

I received a PCN from Euro Car Parks for being in the Wish Street, Rye car park for 16 minutes. We were not in a parking space and were reading a map looking for our next destination, we did not leave our vehicle. We did not see the sign that said every minute of our stay was chargeable. We left after 16 minutes. I then received a PCN for £80 with an ANPR picture giving the entrance and exit times. I have appealed unsuccessfully to Euro Car Parks.

The actual parking cost is £1.20 for up to an hour, if id realised every minute was chargeable i would have driven through - although that may have still been chargeable.

I need some advice as to whether i appeal to POPLA or just pay the £40 early payment charge? All advice gratefully received.

Redx

if you have a popla code , use it

the appeal is based on the same legal arguments used in the template PPC appeal, but more detail

draw inspiration from here http://forums.moneysavingexpert.com/showpost.php?p=62180281&postcount=15

ampersand

op - well done for not calling it a 'fine'.

Follow the excellent Redx's advice and you'll see this fake invoice off.

MDC40

I've drafted the following text for my POPLA appeal and would welcome your comments.


Parking Charge Notice number: XXXXXXXXXXX
Issued by: Euro Car Parks Ltd, 30 Dorset Square, London NW1 6QJ
Vehicle registration number: XXXX XXX
Date of Issue:30/03/2015
Entry Time: 17:09
Exit Time: 17:25
Car Park: Wish Street - Rye

The keeper of the vehicle was issued with a parking charge notice on 7th April 2015 but I believe it was unfairly issued. I declined the company’s invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying the demand for payment for the following reasons:

• The charge is disproportionate and not a genuine pre-estimate of loss. The amount charged is not based upon any genuine pre-estimate of loss to the company or the landowner.

According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £80.00 charge being asked for far exceeds the cost to the landowner of £1.20 for up to 1 hours parking (£1.40 on Thursday Market Day).

• We paused in the car park as there were no suitable areas for a large 7 seat vehicle to stop on the highway in the immediate area to read a map. We were only paused in a lightly used car park for 16 minutes whilst we discussed where to go for an evening meal. At no point did we occupy a parking space.

• The signage was not clear on entry into the car park from a moving vehicle. It was not made clear that a ticket must be purchased immediately on entry to avoid a Parking Charge Notice. Had we been aware of this we would have exited the car park immediately. On this basis a car would be unfairly charged if no spaces were available and had merely driven through the car park.

Coupon-mad

Where is 'no keeper liability' = the winning point? Showing how the NTK doesn't meet the criteria of the prescribed wording in Schedule 4.

And I would avoid the story of what happened even with 'we'.

Redx

looks nothing like a popla appeal to me , plus too much info about what happened whereas the popla appeal is about presenting legal arguments and questioning everything to make the PPC justify the charge

search for recent popla appeal examples to show what an appeal looks like , especiallyl look at the ones in the examples I linked earlier

although this one below isnt your car park or parking company, it gives a better idea on how a popla appeal should look

https://forums.moneysavingexpert.com/discussion/5173900

stop worrying about what happened on the day, deal with this by presenting a proper appeal, not based on any mitigation, popla dont do mitigation

use the forum search to find one suitable for your PPC and popla, or even the same car park and popla, using suitable search words

Coupon-mad

Just search the forum for 'Euro POPLA' to see examples.

The_Deep

The fact is you parked on private land for which there was a charge which you did not pay. Whether it was for 16 minutes or 16 hours is of no consequence. The only issue is, how much compensation do the PPC deserve for your insult? It is certainly not £100, but it may well be a tenner. Address that in your appeal, not mitigation.