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Anyone successfully appealed when ticket was displayed in the windscreen?

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Hello,

Has anyone successfully appealed via Popla when your parking ticket was displayed in the windscreen but had somehow turned itself vertically instead of horizontally? My first appeal to the parking company has been rejected so just wondering if I'm likely to be successful going down the Popla route? Thanks in advance
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 21 August 2016 at 2:40PM
    you are welcome to search the top sticky thread right at the top of this forum for an answer , but I do not recall any wins on such a standpoint

    there are many legal arguments you can use, but I doubt you would win on that single point by itself

    a good popla appeal usually wins , though its impossible to say if yours would win as too many factors have to be weighed up and included to give the best chance of a win at popla, but may win in court

    it may seem unfair, but the "game" is played in certain ways, having a paid for ticket does not guarantee a win
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    ShazP wrote: »
    Hello,

    Has anyone successfully appealed via Popla when your parking ticket was displayed in the windscreen but had somehow turned itself vertically instead of horizontally? My first appeal to the parking company has been rejected so just wondering if I'm likely to be successful going down the Popla route? Thanks in advance

    Don't try that appeal point with popla that chance died with the scammers, who should in a fair world have accepted your explanation. But this is ppc land where greed overrides fairness.
    POPLA appeals must be based on procedure, and law not mitigation.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is not mitiigation. I would love to hear what a judge would say
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Which parking company please?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The_Deep wrote: »
    This is not mitiigation. I would love to hear what a judge would say

    Too true, real world and parking land have different rules according to ppc's and POPLA
  • ShazP
    ShazP Posts: 8 Forumite
    Parking company is indigo I think. It was at a train station that I use three times awake. So far the replies here are putting me off appealing - I'm not a lawyer - just a very busy working mum who paid for her parking ticket (as I always do) and feel wronged. My husband is adamant I shouldn't have to pay the fine since is already paid for the ticket and displayed it in good faith before I went to work.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 21 August 2016 at 9:41PM
    your husband is correct, appeal and win

    its a railway car park and so subject to byelaws and not parking rules

    so with this fact the RK should have appealed it using the blue text appeal from the NEWBIES sticky thread, not changing it at all, appealing as KEEPER (not driver)

    DO NOT TELL THEM WHO WAS DRIVING

    if they fail to cancel it , they should have issued a popla code

    now you should find a recent 2016 INDIGO popla appeal based on "not relevant land" and draft your own keeper appeal from it and submit it to popla

    the fact is they have 6 months to take the driver to magistrates court, but they dont know who that is and only the TOC can do this anyway, so easily won at popla, as long as the keeper does not tell them who was driving

    appeal, and pay NOTHING at all

    more threads to give you more info etc

    https://forums.moneysavingexpert.com/discussion/5512630

    and these recent winners

    https://forums.moneysavingexpert.com/discussion/5457390

    https://forums.moneysavingexpert.com/discussion/5482542

    plenty more on the forum too
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ShazP wrote: »
    Parking company is indigo I think. It was at a train station that I use three times awake. So far the replies here are putting me off appealing - I'm not a lawyer - just a very busy working mum who paid for her parking ticket (as I always do) and feel wronged. My husband is adamant I shouldn't have to pay the fine since is already paid for the ticket and displayed it in good faith before I went to work.

    Here's absolutely up to date proof that a well constructed appeal (crib from it, use most of it if it fits your case) will blow Indigo away. As Redx has already pointed you to this thread, but to reiterate:

    https://forums.moneysavingexpert.com/discussion/5457390

    Come on, you can do this - most of the work has already been done for you.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • ShazP
    ShazP Posts: 8 Forumite
    I've tried searching the threads and reading the advice to newbies but it's extremely hard to find the information I need. Other people have said their ticket was upside down but mine was up the right way but vertical instead of horizontal. It seems from reading some of the general advice that it's irrelevant anyway.
  • ShazP
    ShazP Posts: 8 Forumite
    Now I'm worried about my appeal to indigo - I'm sure I used 'I' in my online appeal to them stating that I'd bought a parking ticket. Does this mean I've already inadvertently admitted to being the driver??
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