Popla stage

needhelppleasee

Hi,

Right so this is going to be quite a long thread and i have a broken hand so bare with me.

'My friend' received around 8 parking tickets in the space of a week or so from First Parking LLP at Royal holloway university.
I understand you need a permit to park here, but this person was not in the required distance to be eligible for the permit which is 3/5 miles away - thye are 2.8 miles -.- , but only needed to use the car for a short period of time as their mother was quite ill so needed to be in and out of uni quickly for couple weeks.

Anyways, they have read up all the posts and appealed against it, first parking rejected the appeal as normal and gave them a POPLA code.

Just realised im not allowed to add photos or links so i dont know how to show you guys the evidence ???? maybe go on my profile and i will try and put the links to the pictures on there

Here is the first appeal they sent to first parking -

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

I believe that your signs fail the test of 'large lettering' and prominence. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

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. 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,

They then appealed to POPLA, but might have made a small mistake and followed the PCN template and not the ANPR so that's probs why it got rejected. But they saw a post from the same uni and same situation so just copied what that post said as they got approved

Anyways, this is the POPLA appeal Dear POPLA Adjudicator,

I am writing to appeal the ticket issued to the registered keeper of vehicle registration xxxxx.

I have attached the PCN by First Parking LLP.

My appeal consists of three key points:

1. Upon inspection, the issued ticket does not totally comply with the requirements of the Protection of Freedoms Act 2012, section 9, sub-paragraph (2)(a). Entry and exit times listed on the PCN are not ‘periods of parking’. As I understand, this is a required element for the Notice to Keeper request that has been issued. Please see figure 1.

2. The evidence submitted by the Parking Operator shows the vehicle in question exiting the college grounds at [time/ date]. On the PCN, this time has been used to calculate the duration for which the vehicle was hypothetically in a car park. The submitted time stamped photograph is evidence that the vehicle was not in the car park (it had in fact visited several locations in the vicinity) at the time of the alleged contravention and the information on the PCN is invalid. Please see figure 3. Also, only visiting vehicles parked for longer than one hour are in breach of the conditions. There is no offer of parking to anyone without a permit so the money cannot be demanded.

3. Furthermore, under the POFA 2012 guidelines, section 9 (f) states; “Warn the keeper that if, after the period of 28 days beginning the day after that on which the notice is given” However the notice to keeper only states that “the amount outstanding after 28 days” From this evidence POFA 2012 has not been followed correctly.


This concludes my POPLA appeal.

Keep in mind they done this for all 8 of the tickets

They then sent back the POPLA decision and the evidence back but only for two of the tickets.
This evidence shows the uni regulations and that they did not have a permit and the lot of it.
Now this very scared person does not know what the hell to do, because they certainlty can not pay all the tickets now since it will come to like 500 pounds.

What do thye do now? Popla have given them 7 days to comment on the evidence before they make their final decision so PLEASE HELPPPP!

Will this be on their record and affect credit scoring also?

They also forgot to appeal for two other tickets so now they are getting debt collector letters from Dept recovery plus ltd... should they ignore these?

They cant complain to the uni since they are obviously going against uni regulations but they read the posts and thought these fines are not real anyway so kept parking there...

HELPPPP

Quentin

You can host your images at a hosting site then post the links here disguised by hxxp


keep on at the college to get the tickets cancelled


Your credit record is only affected if you end up with a CCJ and don't pay it in full within 30 days of the date of the judgement


Ignore debt collectors!

needhelppleasee

What is a hosting site? sorry im very new to all of this

Carthesis

needhelppleasee wrote: »

What is a hosting site? sorry im very new to all of this

Try Photobucket or something like that.

You'll be able to copy the link to that picture from your internet browser to post here, but remember that as you're a new user, you'll have to change the http:// at the start to hxxp:// to "break" the link.

Friendly advice - i realise this is a bit scary for you, but honestly, calm down. Take a breath and answer the questions people will start asking as fully as you can. You won't be going to court any time soon, and a CCJ isn't something to worry about because there are a huge number of hoops to jump through before one of those is awarded against you.

Read the **NEWBIES** thread (which is one of the first 3 on Page 1 of the Forum) carefully, which explains a lot of what you need to know, and a lot of the acronyms people will use in their questions to you. It can be a bit dense to get through in places, so settle down with a brew and have a read.

Again - don't worry unduly. Nothing horrible will happen to you in the next couple of weeks, so you've got time to collect your thoughts.

Quentin

needhelppleasee wrote: »

What is a hosting site? sorry im very new to all of this

Google image hosting site to find lots.

needhelppleasee

hxxp://tinypic.com/r/23kvix1/9

needhelppleasee

Thank you for your reply,

I have read the thread before i appealed that is why i thought i have done everything right and although i have found a similar thred with the same uni and situation and saw what they won their popla appeal on i just appealed on the same grounds as them that they didnt comply with section 9 (f) and although my anpr pcn was worded the exact same as the one in the thread i read, i got rejected on it.
Do you think the uni will cancel it if i call them? As they do not allow students to bring their cars anyway so it is my fault after all.

Coupon-mad

Picture of the PCN (the only one we needed) please delete the rest!

http://tinypic.com/view.php?pic=23kvix1&s=9

Do you think the uni will cancel it if i call them? As they do not allow students to bring their cars anyway

No, sounds unlikely. And if you call them you are admitting who was driving...

so it is my fault after all.

But two wrongs don't make a right.

What do thye do now? Popla have given them 7 days to comment on the evidence before they make their final decision so PLEASE HELPPPP!

Oh I am glad I read that because your thread title wrongly says 'Popla rejected helppp!!'

Please edit your title because everyone (like me) is going to think you've lost at POPLA. You haven't, you are merely at evidence stage. You should win based on this point, as long as the driver was never divulged:

3. Furthermore, under the POFA 2012 guidelines, section 9 (f) states; “Warn the keeper that if, after the period of 28 days beginning the day after that on which the notice is given” However the notice to keeper only states that “the amount outstanding after 28 days” From this evidence POFA 2012 has not been followed correctly.

Now this very scared person does not know what the hell to do, because they certainlty can not pay all the tickets now since it will come to like 500 pounds.

But this evidence stage is normal for POPLA. You have not lost and even if you do, these are not to be paid.

Will this be on their record and affect credit scoring also?

No.

They also forgot to appeal for two other tickets so now they are getting debt collector letters from Dept recovery plus ltd... should they ignore these?

Of course, as post #4 of the NEWBIES thread tells you. I've ignored such letters myself.

So, with the ones that are at evidence pack stage, comment as keeper on the POPLA Portal if it is still 'open' (if not then email instead with the POPLA code in the subject line (CHECK WHICH ONE EACH ONE RELATES TO!) and say this:

The 'evidence' copy of the postal PCN proves my appeal point #3. POFA has not been complied with properly; wording not even close to the right (mandatory and prescribed) 'keeper liability' warning appears. Under the POFA 2012 guidelines, section 9 2(f) states that an operator MUST; “Warn the keeper that if, after the period of 28 days beginning the day after that on which the notice is given”

However the notice to keeper only states that “the amount outstanding after 28 days”. This is a premature claim for keeper liability, the wording is significantly wrong - and this was in my appeal. There can be no keeper liability and the driver has never been identified so POPLA will be unable to conclude that the PCN was properly given, or that I am liable.

needhelppleasee

Thank you so much for your help. When receiving the evidence pack and the letter explaining all the points of why it got rejected i assumed POPLA has rejected it. I was unware of the evidence stage. I have written what you have told me to and now waiting on a decision.

Why do you think they have gotten back to me with only two of the appeals and not the rest?

Coupon-mad

Maybe they have a backlog or have decided to 'wait and see' and will cancel the others, if you win. Saves them wasted POPLA fees they have to pay for decisions.

Whether you win or lose, be aware NOT to panic, not to pay. You should win as I explained because it is a fact that the section of the POFA you quoted in #3 of your appeal was not compliant at all. Therefore no keeper liability is possible. Hopefully POPLA will agree.

needhelppleasee

Hi,
So i have just got this email from them,

First Parking have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

YAY!! thank you for your help, i would not have known to provide comments at evidence stage so thank you.
They are now sending me evidence for the other tickets also so I'm just going to do the same with the others.

Thank you