Parking Charge Notice - Premier Parking Solutions

mullacyenoom

ColliesCarer wrote: »

The fact you say you provided your name and address makes me think you appealed against a windscreen notice - is that correct ?

It sounds like you may have dobbed yourself in as the driver - but that will depend on how you phrased the mitigation additions - was it all in the third person - or did you use phrases such as "I entered the wrong reg...".

But don't worry , whilst you may not be able to use the extra appeal point "no keeper liability" in a POPLA appeal, there are plenty of other challenges.

Just wait for their rejection and the POPLA code then draft an appeal as Coupon-mad has advised in post 4 above.

No mitigation in your POPLA appeal though - it's specifically excluded - just the legal arguments you will find in other POPLA appeal examples for PPS

Yes this was a windscreen notice. This was the email that I sent to them:

DearSir or Madam,

Parking ticket number: 104****

Vehicle registration number: FH63 ***

I received a parking ticket on 08/06/15 but I believe there are mitigatingcircumstances to explain why I had parked where I did and I would like tosubmit an appeal for the following reasons:

· Mitigating circumstances

There are mitigating circumstances toexplain why I parked where I did so I am requesting that the fine be waived forthis reason. Whilst using the RingGo app, I accidentally paid for the 24hrparking on the wrong car (FE61***) as it was the first to appear on the app. Ido not use this car anymore, however it is still on my account. I use theHallmark (Station) Derby or Hallmark (overflow) Derby car parks every day, andI usually park the car FH63***** this is shown in the attached document (VAT receipts),identifying the mistake and the fact I do not use the car FE61**** anymore. I have also attached a screenshot ofthe cars currently on my account on the app

I then followed this up with an email stating my name and and address. I only fully read these forums properly once I sent this email and now realise that ive totally dobbed myself in here.
:doh:

ColliesCarer

Don't worry - what's done is done and POPLA is still winnable.

Unless they cancel the charge (unlikely) they must provide you with a POPLA code so that you can do a second stage appeal.

Read **NEWBIES!!.... post number 3 for info about how to do a POPLA appeal.

Also use Search the Forum function using search terms PPS POPLA and/or have a read of POPLA DECISIONS thread (last page first so you start at the most recent and work backwards) - to find examples of winning appeals.

Use an example as a base and modify it to create your own draft.

Post your draft here on your thread for comments to help you refine it before you submit it to POPLA. Once submitted POPLA will give you a date around when your appeal will be assessed.

See Coupon-mads post #4 in this thread about the importance of rebutting PPS's evidence (which will be sent to you shortly before POPLA assess your appeal)

mullacyenoom

I have now recieved a response from PPS stating that they have rejected my appeal based on the fact that I have not parked in accordance with the site instructions as detailed on the signage on the site. They have attached photos of the car and signage at the site. They have also given me a POPLA code to appeal with. Is it worth trying to appeal through POPLA or is my mitigating circumtance not substantial enough and likely to be rejected?

Herzlos

Always appeal. They'll almost always reject the initial appeal because they just want the money, but POPLA has to pretend to be impartial and there are points you can make (detailed in the newbie thread) that are always successful.

You can prove you paid to park, so there's no loss to the parking company.

ColliesCarer

mullacyenoom wrote: »

Is it worth trying to appeal through POPLA or is my mitigating circumtance not substantial enough and likely to be rejected?

Hi Callum,

You need to do more research on the legal arguments to use for POPLA.

By reading some of the POPLA successes you will get a better feel for what challenges to include e.g.

- the charge is not a genuine pre-estimate of loss - this is the section to also include the fact that they suffered no loss because the tariff was already paid (albeit on another car)
- Lack of standing/authority from landowner to pursue charges through the courts in their own right
- Unclear/non compliant signage - no contract with the driver

and any others that may be relevant

Use the examples to draft your appeal and post it here for help refining it

fisherjim

mullacyenoom wrote: »

I have now recieved a response from PPS stating that they have rejected my appeal based on the fact that I have not parked in accordance with the site instructions as detailed on the signage on the site. They have attached photos of the car and signage at the site. They have also given me a POPLA code to appeal with. Is it worth trying to appeal through POPLA or is my mitigating circumtance not substantial enough and likely to be rejected?

Mitigation does not work with POPLA, [STRIKE]theoretically[/STRIKE] mythically mitigation is considered by the PPC.
You need a legal stance to allow the POPLA trainees to practice on!;)