Can I win this one at popla?

neilht

Driver of wife's car got a ticket from ukpc, Portland street chelt.

The ticket ran out, but before it ran out driver bought another and placed it under the windscreen wiper, which was probably removed by the warden. No proof of this unless I look for cctv in the area?

Sent off template and received rejection letter with popla code, have 20 days to use it.






Thanks

neilht

Will post back when pics working

Coupon-mad

Did UKPC ever send a NTK and was the appeal merely from the keeper?

neilht

Yes ntk received after windscreen notice, driver not identified.

Thanks

Coupon-mad

Difficult one but always worth a shot at POPLA. You never know - they might not produce the landowner contract.

I would seek out store CCTV if there is any because if you could find proof that the UKPC employee removed the extra P&D ticket then that is something for the DVLA, Trading Standards and the National press.

Could you say that there was an incident where you believe your car was interfered with on x day around x time and you wish to look at the CCTV? Trouble is the Store manager might only comply with the Police...you could say you are not sure what happened but were hoping to get proof first...good luck!

Also whilst there in store, if you get no luck with that request, THEN say 'oh, one more matter you may be able to assist with' and produce the PCN and ask if it can be cancelled with a phone call, while you are here. Produce your receipt and say the whole experience has left a bad taste and you are minded as a family to shop elsewhere in future unless this 'charge' is cancelled. If they say it's not down to them, ask for the email or phone number of the Managing Agents whose fault it is. Complaints have more success than appeals sometimes.

At POPLA stage you can use and adapt the templates in the 'POPLA Decisions' thread posted in late September; things like no landowner authority, unclear signs (yep it's next to the car but can you make out the £100?) and 'genuine customer exemption' are all there in template form.

'No keeper liability' is harder at POPLA with a UKPC NTK, unless they have done something like put a wrong VRN on the PCN then changed it in the NTK.

neilht

Thanks, no stores around the car park, it's an ex council car park, the land was purchased for building on but does not seem to have happened!

I will request cctv from the council, hopefully they may have some.

There is a pub/restaurant next to car park but it is not theirs I believe. Driver was visiting with friends and just came out with money no car key!

Will keep updated cheers

neilht

Have sent a popla template off, received their evidence, a witness letter for a contract, pictures of signs that you can't read. Now have a few days to comment.

Any suggestions?

Thanks

Redx

yes, search the forum for POPLA REBUTTAL and try to draft any rebuttals to their "evidence pack" , trying to use rebuttals from this year only

neilht

Ok thanks, looks like the witness statement has not been signed by the named witness, name is different. Also signs are not legible in pics, but they have put a copy of one they must keep on file, prob to use for printing signs!

Thanks

Redx

so use as rebuttals, also stating that a WS is not good enough and the unredacted landholder contract MUST be produced

neilht

Thanks will research have got 5 days left