Can I win a POPLA appeal

David1968

Hi, I know that there are loads of things on here regards POPLA appeals but there is so much its difficult to find an answer to my question so hopefully somebody will pick this up and be able to help. I will outline the reasons why I have received a ticket and need advice whether an appeal is worth it or not.

Circumstances are:-

I Parked in a McDonalds Car park for something to eat and a meeting with a client.
I have a larger than average car so parked out of the way and used more than one space. ( I know.. but I am tired of getting damage to my car from others not taking care when opening doors).
Received a ticket for doing so of £50 which has risen to £100.
I appealed to UKPC, they rejected and offering for me to pay £50 for 35 days or appeal POPLA.
Car [ark was no way near full.
Car adjacent was also slightly over line and can be seen on photograph that this is the case.
I have written to Mc D's and they will not get involved.

I note that the parking charge reference number on the ticket on the windscreen is 1 number off the one on the postal letter. Is this normal, can it be used in a defence?

Question - What grounds can I claim on and whats the likelihood being successful. Do I bite the bullet and pay. Do I employ one of the companies that charge less that £50 to fight it.

Your advice would be appreciated. If you need any further information please ask on the thread.

Regards

David

Guys_Dad

Read the NEWBIES sticky thread at top of forum and then come back with what you want to know.

The_Deep

UKPC, know your enemy, [FONT=Times New Roman, serif]This is who you are up against[/FONT]

[FONT=Times New Roman, serif]UKPC are former clampers who have been involved in quite a number of sordid scams, for example [/FONT]

[FONT=Times New Roman, serif]Hull Trading Standards took them to court on 15 counts of fraud. They won all but one, but only because they had a better lawyer, a Q.C. If I recall correctly[/FONT]

[FONT=Times New Roman, serif]http://forums.pepipoo.com/index.php?showtopic=63597[/FONT]

[FONT=Times New Roman, serif]They were bested by a Winchester barrister [/FONT]

[FONT=Times New Roman, serif]http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**[/FONT]

[FONT=Times New Roman, serif]They were involved in a large scale scam which resulted in a DVLA suspension[/FONT]

[FONT=Times New Roman, serif]http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html[/FONT]

[FONT=Times New Roman, serif]And then of course there was Tracey Kiss[/FONT]

[FONT=Times New Roman, serif]http://www.tracykiss.com/product-reviews/my-ukpc-parking-charge/[/FONT]


I would say that the chances of this going in front of a judge are remote

David1968

Thanks Guys Dad, I have been doing but there is so much. I need somebody to walk me through it.

David1968

Just to add a little note (and I have edited the original post).

I note that the parking charge reference number on the ticket on the windscreen is 1 number off the one on the postal letter. Is this normal, can it be used in a defence?

Guys_Dad

It was written by a prolific contributor because of the sheer volume of threads. That volume has increased exponentially since.

You can either read loads of threads on here or raise what specific questions you have, but I doubt any regular will have the time to take you through it.

Your grounds will need to be technical based around bad signs, noin-compliant NtK, out of time NtK, errors on NtK etc.

Ralph-y

Hi, who did you write to a McDonald's ? they have been known to cancel if you are a genuine customer .....

as for

"Can I win a POPLA appeal"

with forum help against this bunch of cowboys you would have to try to loose


as mentioned above have you read through the newbies thread yet ?

https://forums.moneysavingexpert.com/discussion/4816822

the first step/appeal is as complicated as 'cut and paste'


so start your appeal and complain again to the 'big clown' in tandem ....

if the local manager will not support his customers ask him who the landlord is and let him know you are taking this up with national office .... and why not put a few posts up on social media

read up .... ask questions if needed .......

and

"I note that the parking charge reference number on the ticket on the windscreen is 1 number off the one on the postal letter. Is this normal, can it be used in a defence? "

no

good luck

Ralph:cool:

David1968

Md D's letter was from
Rhonda Floyd
Senior Customer Services Manager

McDonald's Customer Services Department
11 - 59 High Road
East Finchley
London
N2 8AW

03705 244622

Ralph-y

what did you say and what did they say ?

how much did you spend a year there ?

Ralph:cool:

David1968

I rang customer services and told them I was a regular visitor, why the car was parked as it was and asked them to cancel the charge. They confirmed on email it would be looked into as follows:-

Thanks for your telephone call about your visit to our Barlborough restaurant. I am sorry to hear about your experience.

We are looking into this and will be in touch again as soon as we can.

In the meantime if you wish to talk this through over the phone, please give me a call on the number below.

Many thanks,



Ethan Murphy
Customer Services Team

McDonald's UK Customer Services
11 - 59 High Road
East Finchley
London
N2 8AW

No reply came so I chased up the email and git the following response and letter attached which was supposed to have been sent in the post but has never arrived.....

I am in receipt of your most recent email regarding your visit to our Barlborough restaurant. May I firstly say that I was sorry to read of your continuing dissatisfaction and that I do sympathise with your current situation.

I can see from my records that my colleague Joe Cuffaro wrote to you on 12th January, outlining our position on this matter. As it appears that you may not have received this letter, I have attached a copy of this for your information.

I am aware from your recent e-mail that your appeal made directly to UKPC was unsuccessful. I am sorry for any disappointment this has caused.

As you have pointed out there is an option available for you to lodge a direct appeal with POPLA (Parking on Private Land Appeals), the independent appeals service. In cases such as this, POPLA would consider the evidence provided from both parties and make an independent decision on whether the Parking Charge Notice (PCN) you received was issued correctly based upon the facts and application of the relevant law.

I do regret we are unable to intervene on your behalf and ask UKPC to rescind the PCN in question. However, I would suggest that if you are dissatisfied with their rejection of your appeal you should complete the form that they enclosed with their correspondence and use this to lodge a further appeal directly with POPLA.

Thank you for contacting us again.

Regards



Rhonda Floyd
Senior Customer Services Manager

McDonald's Customer Services Department
11 - 59 High Road
East Finchley
London
N2 8AW

Letter from Mc D's by email, original never arrived.


I am writing further to your telephone call regarding your visit to our Barlborough restaurant. I have noted your comments and welcome the opportunity to confirm the policy on this matter.

As a company, putting in place any enforcements within our car parks is only done after careful consideration and very much as a last resort. Primarily, we use parking measures to ensure there are spaces available for our customers’ vehicles, as well as to deter any unwarranted or misuse of the parking facility.

I can confirm this parking area is managed by an independent company who are responsible for monitoring the car park and taking details of registration numbers. The regulations and signs at the restaurant clearly state the policy and the relevant charges.

I trust you will appreciate that in order to maintain a consistent approach; we have to adhere to the guidelines in place. As such, in a situation such as a contravention of parking regulations, we are unable to deal with any specifics or cases on an individual basis.! However, if not done so already you may wish to make direct contact with the parking company under their appeal procedure.

Thank you for contacting us and again for the opportunity to comment.

Yours sincerely


Joe Cuffaro
Customer Services Manager

Ralph-y

Try the CEO next let him know that you will not be spending ££ in his crappy restaurants again and none of your family, friends, acquaintances, and clients .... will be either .....
Let him know that you know all about the scammers he is defending .... ask him how can such a national firm be involved with such low life's .... show him some of the lies an bad issues surounding them ....


take it to social media while you are doing the appeals .....

facebook / twitter / tripadvisor .... there are more

have you started on the newbies thread yet?

good luck

Ralph:cool: