querying PCN & Notice to Keeper

AJ16

Ok, I received a letter from ECP 10 days ago, it says they reject the appeal because it was recorded on an ANPR and there was an 18 minute overstay and £100 is now due. They sent a photo of the board showing the charges, penalty amount for over staying is in very small type but it is there. It goes on to say that I can appeal to POPLA within 28 days online or to the IAS although (I'll take your advice and not bother with that one). It's contradictory at this point as it says that if an appeal is made then the reduced rate will not apply!

I've just had a quick look through the Newbies forum about making a POPLA appeal, not sure that I can claim that the signage was unclear, I would attach the photo but can't see how to. I'll search for recent successful appeals as directed unless you have further advice.

Redx

find recent popla appeals and draft one up

ALWAYS include a section on signage, it rarely if ever meets the BPA CoP, plus you are missing the point - if you use it as a defence point the PPC have to prove compliancy , if you dont , they dont have to prove anything

allege anything and everything, because they have to prove their case regarding any defence point you make , you only have to win on a single point you raise

clause #13 will also be a feature in your case (grace periods before and after parking) , anpr records time on site , not parking time , so the BPA CoP has been breached with an 18 minute overstay , just

use tinypic or photobucket to host pictures

Coupon-mad

Search for 'Euro demolition POPLA' which has been talked about only today, right under your nose on another thread showing what's wrong with the PCN which gives you appeal point #1 (and the other points are easy to find by searching and reading previous recent POPLA appeals).

Not in the 'POPLA Decisions' thread. Instead, look for recent threads with draft POPLA appeals showing, by choosing key search words.

AJ16

Redx wrote: »

find recent popla appeals and draft one up

ALWAYS include a section on signage, it rarely if ever meets the BPA CoP, plus you are missing the point - if you use it as a defence point the PPC have to prove compliancy , if you dont , they dont have to prove anything

allege anything and everything, because they have to prove their case regarding any defence point you make , you only have to win on a single point you raise

clause #13 will also be a feature in your case (grace periods before and after parking) , anpr records time on site , not parking time , so the BPA CoP has been breached with an 18 minute overstay , just

use tinypic or photobucket to host pictures

thanks, this is the sign- http://s396.photobucket.com/user/AJH162/library/

AJ16

Coupon-mad wrote: »

Search for 'Euro demolition POPLA' which has been talked about only today, right under your nose on another thread showing what's wrong with the PCN which gives you appeal point #1 (and the other points are easy to find by searching and reading previous recent POPLA appeals).

Not in the 'POPLA Decisions' thread. Instead, look for recent threads with draft POPLA appeals showing, by choosing key search words.

Thanks, I've struggled so far to Euro demolition POPLA or that thread.
I've looked at Parking Cowboy re the POPLA appeal process re signage, leaving the car park and re-entering etc. I'll search more tomorrow for successful appeals

Coupon-mad

If you just put 'Euro demolition POPLA' into 'search this forum' here (NOT in Google) you get that thread. I won't link it, never do. I just searched and it's there, 14th April, in the results you get when you change the search default to SHOW POSTS.

AJ16

Thanks for the tip, I only found two cases on this forum but I think that maybe I need to address the points ECP made in their appeal dismissal letter which are-

1. APNR
I have uploaded the images of the front plate which they initially sent and also an image taken of the approach to the park. I think the first and main point is that ECP have a the burden to prove that the images were taken in their car park.
To me they do not demonstrate any connection with it. Interestingly they were taken by two different cameras. The entry one could have been positioned in the vicinity of the pay machine although it's not clear exactly where it is. To capture the front plate crossing the boundary between the park and the pavement looks only to be possible from across the street.

2 Signage
This looks to be prominent, however on close inspection the image they sent is not of the sign above the pay machine. Do you think I can use signage at all?

3 Location
at para 5 they say that the park is ECP owned. Can this be checked as if not then PARKINGEYE LTD v ANITA SHARMA could be referred to??

Fairly v Fenton
Their grammar is not quite right here. Is there anything I can use re the case?

It looks like I'm a bit thin on points, are there any others which you think could be used?

Thanks for all your help so far!

http://s396.photobucket.com/user/AJH162/library/parking%20fine%20appeal

Coupon-mad

It looks like I'm a bit thin on points, are there any others which you think could be used?

Yes, the points you find already written in the case from April that is one of the results when you do the exact keyword search suggested. In post #27 I explained exactly the 'search this forum' keywords to use and the date of the post to read.

I never give links when I reckon it's better for posters to learn for themselves how good the forum is, when you know how to use it. If you only found TWO similar cases (there are loads) I can only think there was a typo in your keywords or you didn't change it to 'show posts'.

AJ16

Thanks CM, I've spend a couple of hours this morning sifting through various post re successful appeals plus the BPA code of practice, some very useful stuff there, however I've just checked the Land Registry and ECP are the registered owners of the site in question so I'm going to have to rely mainly on finding fault with the ANPR images as they do not relate to the site.

I'll draft something over the next 24hrs and post here if you guys would be kind enough to critique it??

Thanks again for your continuing help!

Coupon-mad

Here's one that won today, showing the ECP POPLA appeal in full (takes up 2 posts!):

https://forums.moneysavingexpert.com/discussion/5470992

HTH - oh, and ECP Lease that car park too, like in your case...didn't help them, did it! Shows you need to include that point anyway!