Have I Incriminated myself at the appeal stage - POPLA code received

smiledotcom

I got a parking ticket in the hospital that I work at two weeks ago. I appealed the ticket (on grounds of insufficient signage).
CP Plus wrote back to me rejecting my appeal and gave me a POPLA code.

TOO LATE - after reading these forums in more detail this morning - I realised that for CP Plus I should have just used the more generic "I am the keeper of the vehicle, not necessarily the driver" appeal route.

I think I may have incriminated myself...

In my original appeal to CP Plus I wrote "I was parked..." Aaaaargh, I shouldn't have done that should I!

Am I too late now, now that I have been issued with a POPLA code - to back-track and send them the generic letter that is advised to use with CP Plus:

Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Thank you in advance for any advice

fisherjim

You can't backtrack, you now need to formulate a POPLA appeal based on legal and technical challenges.

Coupon-mad

Show us your POPLA appeal, copied and adapted from other ones recently. Search the forum.