Popla Appeal Parking CSL

Paddyshepherd

Hi All,

A while ago I received a Notice To Keeper from ParkingCSL, who issued it on behalf of LDK Security LTD, for an alleged parking offence at a car park near Middlesbrough College. I have appealed this with them and today received a generic email rejecting that appeal. I now wish to move on to the POPLA appeals stage and I am currently looking through the decisions thread. I believe I have a few strong points to make (see my original appeal to PCSL below) but I am struck for how to word the appeal. My main points really are that to me, the NTK falls foul of the POFA requirements as mentioned in my appeal (I'll upload photos of the NTK when possible) and that there are no signs upon entry to the private land from the public highway. (see image below from google street view). As keeper I do not actually know who owns that land - it was assumed that it was owned by Middlesbrough College, but their maps seem to stop before this car park (the car park is part of a long strip of other car parks, which has caused a lot of confusion). I felt comfortable with appealing to Parking CSL as registered keeper but now feel a little out of depth - I'd like some advice on if my points and assumptions are correct before taking it further, all help and advice is appreciated.

Points made in my appeal (I've cut out the rest of the appeal as it's all generic that you've probably seen before):

The sum is extravagant and unconscionable when compared to local parking charges issued by the Council and as such cannot be justified. I would also add that your charge of £125 breaches the British Parking Association (from herein “BPA”)’s Code of Practice which states that the charge must not be excessive and they would not expect a registered keeper to pay over £100. In addition to the above point, upon investigation at the premises in question following receipt of your “Notice to Keeper”, it has been discovered that this £125 fee is contradictory to the already extortionate £90 fee that LDK Security group (your client and “creditor”) claims to charge.
As registered keeper I believe that the driver did not see relevant signs. Upon investigation following your Notice to Keeper, the signs are unclear, the wording is ambiguous and the signs are set at an elevated height and as such are barely legible. This completely contradicts the predominant purpose of your business model which is to deter. In addition to this fact, there is no signage at the entrance to the car park from the public highway, but instead next to the ticket machine – this is yet another non-compliance with BPA's Code of Practice.
There is no evidence that you have any proprietary interest in the land.
Your 'Notice to Keeper' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations. I reinforce this point by stating in particular that your “Notice to Keeper” does not give detail of the “reduced rate” offer which it ever so briefly mentions. In addition, your “Notice to Keeper” also does not provide a specific period of parking, which is necessary under both POFA 2012 and the BPA Code of Practice. Without this you cannot prove that, under BPA’s Code of Practice, the driver was allowed a reasonable period of time to leave.
There was no consideration, nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.


Below is an image of the entrance from the public highway - in my understanding this is where the sign should have been? The car park in question is that seen in the right hand side of this image. You'll have to excuse the broken link - as a new user I can't post the full link yet.
i1148.photobucket.com/albums/o571/paddyshepherd/Car%20Park_zpsdnq4ajhb.jpg

Any comments regarding how to write a POPLA appeal, or regarding the validity of the points and evidence above?

Thanks in advance

Paddyshepherd

Anyone able to help?

Umkomaas

The text block in your opening post is difficult to read without meaningful paragraphing, but a scan of it seems to suggest you're hitting most of the key points.

You now need to order that into a POPLA appeal. Have you read the advice in the NEWBIES sticky, post # 3 about POPLA submissions - updated just last week?

Also, here is a link to examples of previous POPLA appeals - there may be a LDK example there, if not, then at least you can see how to lay out your appeal - and in any case the points you need to make in your appeal will be contained within most of the examples. Just be sure, if you are copying sections, that when you read them they make sense in terms of your parking event.

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

In addition I recommend you read the 'POPLA Decisions' sticky, starting at the most recent, which will give you information on the points of appeal that POPLA are now upholding.

If you want to put up your draft appeal here we'll scan over it to check you've got all the bases covered, but the proof reading will be down to you.

When is your POPLA deadline?