DO I appeal to POPLA?

dawn403

Hello everyone,
I recently met a friend at Lymm interchange service station (and perhaps stupidly?) assumed that I would not need to buy a ticket to park there for the day, I also did not see any signs stating that there was a parking company enforcing parking charges, so I inevitably received a PCN in the post. I was too scared to ignore it so I did my research (on here) and emailed them an appeal. They have obviously refused my appeal (see the end of the post) so I am wondering if I should now appeal to POPLA or just ignore it? Or is it too late to do that now as I have sent an appeal?
I would really appreciate any advice about this. Thank you in advance.

To: CP-Plus
Subject: Appeal re: 0474150531030

Dear CP-Plus,
I am writing re: Parking Charge Reference number ******
I am the registered keeper of the above vehicle and have received the above demand from you.
I dispute owing you any amount and deny all liability in this matter. Please accept this letter as a formal appeal under your appeals process.

The basis of my appeal is:
1. The amount you have claimed is not a genuine pre-estimate of any loss to either CP Plus or the car park landowner.
2. The signs in your car park fail to comply with your Accredited Trade Association’s Code of Practice
3. No contract was formed with the driver due to the fact that your signs were not sufficiently brought to the attention of the driver.
4. CP Plus is not the landowner and therefore CP Plus does not have the right to enter into a contract with a driver nor does CP Plus have the right to bring a claim for trespass.

Please confirm in writing whether you accept my appeal and withdraw your demand. If you reject my appeal, please provide the following particulars:
1) The basis of your charge (i.e. contract breach, trespass or contractual fee).
· If you are alleging breach of contract, I require a breakdown of the liquidated damages you claim were suffered, and by whom, and how each particular loss arose.
· If you are alleging trespass please enclose evidence of the alleged perpetrator and proof of the liquidated damages alleged and the calculation of this sum.
· If you alleging a “contractual fee” I request a VAT invoice from you and ask you to explain the daily rate for parking and service provided for that fee.

2) Please also advise the amount of money you would have recieved from the driver of my vehicle should the alleged contract have been met to your satisfaction.

3) Please advise the name and address of the landowner.

4) Please provide a POPLA code that allows me to appeal to POPLA.

If CP Plus rejects my appeal: please do not contact me again with more demands as I deny owing CP Plus any money and deny that any driver of my vehicle has entered into a contract with you. Any legal action you initiate against me will be defended.

Dear Madam,
Thank you for your correspondence concerning your Parking Charge Notice. This PCN was issued legally and correctly according to the British Parking Association Approved Operators Scheme. We consider the amount on the PCN as a reasonable charge for liquidated damages in respect of a breach of the parking contract. Given that the signage is displayed in compliance with all relevant laws and regulations, your representations are not considered a mitigating circumstance for appeal. In light of this, on this occasion, your representations have been carefully considered and rejected.

Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not responsible for the Parking Charge. Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you may be requested to pay the charge at the full amount and will no longer qualify for payment at the reduced rate. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork. Your POPLA reference number is: ********

We can confirm that we will hold the charge at the reduced rate of £60 for a further 14 days from the date of this correspondence.

Yours faithfully,
CP-Plus Ltd.

Redx

well, ignore would be a stupid course of action as this is an england case (and I trust you are not stupid )

so yes you draft an appeal to popla and appeal it , not missing the expiry date in 28 days or less