Across a line

pappa_golf

the grace period on entry is time to read and digest the signage , and decide to park or not


not to nip into Mc Dees for any reason


do the best with your appeal , knowing that if the pursue it thru popla it will cost them £27 + vat , that they cannot claim back off you

The_Deep

I am sure that, if you did this in a Council car park, your would get it cancelled.


http://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

bobhig

That's interesting thanks! I would expect the councils to have policy regarding mitigating circumstances. As for Private Firms - maybe if it went as far as POPLA they might consider that Private companies should be similar with their policies!

yotmon

And don't forget, IF you do lose at popla, the decision is not binding on you, so you still don't have to pay unless you actually lose later on at court.

Why be a pushover and give them your hard earned dosh. You said yourself that you were forced to park the way you did because of the large vehicle and also considered the bay to the left as of no value as a parking space before leaving your vehicle.
If they ticketed you then they will have ticketed the other vehicle as well. Maybe a plus factor proving your point.

Build on your medical condition, you shouldn't have to drive round and round a car park making sure that there is a space that does not contravene a made up rule.As far as you were concerned, you parked correctly. It is their prerogative to say otherwise. take your time and put together a sound popla appeal with plenty of help from this forum.

bobhig

yea you are right Yotmon!!

bobhig

I decided to appeal to UKPC.

As I submitted the appeal on line, I requested for a response by email. They sent a 'link' to a PDF today.

Clicking on the link (I'm an IT person of 30+ years in the industry) a letter is GENERATED saying they need the Drivers name to further consider the appeal.
The letter is worded in such a way that you get the impression the appeal will only be considered if the drivers name is given despite this actually being total irrelevant to the points raised in my initial appeal. Very misleading and actually quite deceitful.

It also gives the impression they have taken the time to produce the letter with name on it and appropriate PCN number etc - but bear in mind the letter is automatically generated - they have some software or a macro which auto generates the letter!!

Why is a Drivers Name needed to make a judgement on an appeal where the facts of the situation are absolutely nothing to do with who the driver is.

Question: Having looked around on Council websites, it seems that all council car parks do accept appeals based on medical emergencies. Surely private car parks should have a similar policy if they are being fair to the public? Anyone got thoughts on this? It seems POPLA always throw out extenuating/mitigating circumstances......

Coupon-mad

Parking firms don't care about medical emergencies, it's all about the money to them. But you will not be using those arguments (mitigation) at POPLA stage because yes, you are right, POPLA cannot consider mitigation, only legal arguments against the proper issuing of the PCN or about liability, no contract, etc. We will assist.

Ignore UKPC's standard 'letter' and wait, sit tight. You will get your POPLA code & rejection letter.

bobhig

I guess the key question is, without consideration of mitigating circumstance i.e medical condition, What other appeal can I submit to POPLA?

Across a line despite the space to LHS not being usable, are POPLA likely to rule that the contract was breached? I've asked UKPC for Landowner details and authority to issue tickets but no response on that - they would probably wait for POPLA is my guess.

Due to rushing into the loo at McDonalds, the signs were not noticed until after coming out by which time the ticket was issued. Other factors such as non-useable space to left and large vehicle on the right do not reject the 'over the line' rule.

Best wishes guys....

Coupon-mad

bobhig wrote: »

I guess the key question is, without consideration of mitigating circumstance i.e medical condition, What other appeal can I submit to POPLA?

One like the others on the forum; you will find loads by searching 'UKPC POPLA'.