POPLA APPEAL - Please Help :0)

Pesty1977

Hi - just need more advice if someone can help?


My appeal with Popla is still going through - I received a letter from them dated 16 December confirming they had received my appeal and that PE now have 21 days to submit a case file.


Then today I received a letter from PE asking me to confirm the "subject access request", to sign the request, and enclose a copy of ID along with a cheque for £10.00???


Just wondered if anyone else had received the same letter during a Popla Appeal - and what my next steps should be?


many thanks!!!

salmosalaris

I think PE have written to the wrong person again

Coupon-mad

A SAR makes no sense in this situation but there are always idiots with too much time on their hands and no life, who send in SARS to companies for no reason - so maybe they've muddled you up with just such a plonker. PE's error, I agree.

Ignore that an keep checking the POPLA portal every few days to see if they update it to show when POPLA get PE's evidence. That is the cue for you to also receive the same evidence but probably later by post. That's when you need top come back and taqlk through a rebuttal of their evidence - if they contest the appeal.

They sometimes give up without contest when PE see a decent appeal at POPLA stage.

Pesty1977

Many thanks once again for the advice - I will come back once I've heard from Popla

Pesty1977

Hi again


I've finally received my copy of the case file from PE more than 3 weeks after POPLA received their copy - POPLA had to chase them this week and I received it today (love how they backdated it to 5th Jan).


Please let me know if I should upload the case file for you to read in full?


Also are POPLA assessing the case on the appeal I sent to them (as it was much stronger and slightly different to the appeal I sent to PE which was rejected)?


The only slight error on my behalf that I can see is the part about the signage - I thought the maximum stay was 14 hours but this is for an overnight stay - I parked on a week day and the maximum stay is 5 hours however my main contest is that the driver didn't "overstay" but left 11 minutes after the pay and display ticket expired which I believe is within a reasonable grace period! I live 90 minutes away from the Aire Street car park so wasn't able to go back and take photos myself or double check the wording on the signs.


Also they have included a copy of the Supply Agreement and it looks like the landowners are Elite Parking? However the copy and text is so small it is unreadable so I have no idea what the contract is with the landowner?


Should I be unsuccessful at POPLA is it worth writing to Elite Parking as they seem to own the land?


I was hoping PE would give up as I paid my way but they are still pursuing it and trying to say the driver overstayed by 16 minutes but only a super hero can enter a car park, find a space, purchase a ticket and display the ticket in the car in 0 minutes!!! The first 5 minutes of that 16 minutes was spent doing just that and the remaining 11 minutes was spent leaving the car park!


I'm praying I have a strong enough case and POPLA see that too!


Thanks again and apologies for the rant!

Coupon-mad

The only slight error on my behalf that I can see is the part about the signage - I thought the maximum stay was 14 hours but this is for an overnight stay - I parked on a week day and the maximum stay is 5 hours however my main contest is that the driver didn't "overstay" but left 11 minutes after the pay and display ticket expired which I believe is within a reasonable grace period! I live 90 minutes away from the Aire Street car park so wasn't able to go back and take photos myself or double check the wording on the signs.

You need to point out to POPLA that in fact 11 minutes is an acceptable grace period to leave after expiry of paid for time, which is the EXACT time the BPA Board have voted to allow, quote the BPA minutes of a Board meeting in 2015, as shown by Emanresu:

https://forums.moneysavingexpert.com/discussion/comment/69584175#Comment_69584175

''Board agreed that as the guidelines state that grace periods need to exceed 10 minutes clause 13.4 should be amended to reflect a mandatory 11 minute grace period.''

And add that there is a second grace period at the start which allows reasonable time to drive in and park, then get out of the car and decide whether to stay or leave and actually then make payment at the machine. Quote the BPA grace periods from the BPA CoP and make it clear to POPLA there are TWO grace periods and this car did not exceed the time allowed either side of payment.

Be careful when talking about the car driving in and out that the identity of the driver is not implied at all.

Also they have included a copy of the Supply Agreement and it looks like the landowners are Elite Parking? However the copy and text is so small it is unreadable so I have no idea what the contract is with the landowner?

Point this out to POPLA. We've noticed before that Aire Street has this odd 'agreement' with Elite yet they are not the overall landowners, just anther parking firm.

And you can add the wording suggested by salmosalaris for P&D car parks which distinguish this sort of charge from the Beavis case. The wording you want is linked in post #3 of the NEWBIES thread especiialy for rebuttals like yours where it's not a free car park.

Pesty1977

Many thanks for all of the above advice Coupon - mad - I will have a look at that wording in the newbies thread and take it from there - fingers crossed the appeal works in my favour - especially as I haven't done anything wrong!


Will keep you in the loop

Pesty1977

And yes I will be careful not to identify the driver!

Pesty1977

Hi again


Great news - POPLA have accepted my appeal even before I had a chance to comment on the case file!!!!!!


I am so happy and relieved it's all over!


Basically they were not satisfied that the document PE provided demonstrated sufficient landowner authority, as the date the agreement started has not been completed! So anyone who has received a PCN for Aire Street Car Park in Leeds please take note - PE do not have relevant landowner authority!!


I just wanted to thank everyone on this website for their help and advice - I really hope you mange to get another 500 people to sign the petition to stop these Cowboys especially PE!!!


Thank again

Coupon-mad

Pesty1977 wrote: »

Hi again


Great news - POPLA have accepted my appeal even before I had a chance to comment on the case file!!!!!!


I am so happy and relieved it's all over!


Basically they were not satisfied that the document PE provided demonstrated sufficient landowner authority, as the date the agreement started has not been completed! So anyone who has received a PCN for Aire Street Car Park in Leeds please take note - PE do not have relevant landowner authority!!


I just wanted to thank everyone on this website for their help and advice - I really hope you mange to get another 500 people to sign the petition to stop these Cowboys especially PE!!!

Thank again

That is a brilliant result. If you have not done so already, could you add a link to this thread on 'POPLA Decisions' a sticky thread at the top, plus a short summary of the location, parking firm and result?