Euro Car Parks POPLA Appeal

sk82

Hello

I would be really grateful if anyone could help me out, I have had a read of and tried to follow the newbie thread but I'm really not sure where to go from here.

Basically, I park nearly every week in the Sheffield city centre ECP so I can take my toddler to the library. I normally put 1 hour in as this is sufficient time for us. I parked back in October but was 19 minutes late taking my car out- this is because I'm 7 months pregnant and my toddler decided to have a tantrum so it took longer to leave with sorting his pram out etc. I received a ticket and appealed through POPLA using one of the templates provided on here.

I've now recieved a 30 page document from ECP and POPLA are telling me I have 7 days to reply. There's lots of pictures of the signage and of my car entering and leaving the car park.

There is one place in the document where they have given the name of another vehicle rather than mine.

I don't know what to write as an appropriate response and my husband thinks the stress is not worth it and I should just pay the £100. I think as they charge £1.20 per hour and I was only 19 minutes over due to unforseeen circumstances this is not fair.

Please can anyone help? I will try and upload bits of the document if I can.

Thank you

sk82

Im sorry I don't know how to attach parts of the correspondence here

Carthesis

Well, what's a bit worrying is that you've appealed to POPLA with "a template off here" when there is no such thing as a template POPLA response... best we have is some standardised appeal points the C-M has provided.

Basically, your appeal should have been:

a) Equality Act 2010 violation, which requires companies to make reasonable adjustments for people with protected characteristics, such as pregnancy.

b) Grace periods and observation periods, which allow you an amount of time both before and after parking to get in the car park, find a space, pay etc.

Which car park in Sheffield was it? - I live there too.

sk82

Thank you for your reply. It was the one opposite the Moor.

Should I write those points you've mentioned to POPLA within the 7 day period?

sk82

Sorry I meant my appeal was based on a points given on here; signage, adequate timing, inappropriate overcharge etc.

Carthesis

If you've already appealed to POPLA, then you won't be able to do so now.

If you've appealed to POPLA and been rejected, all you can do now is to keep hold of all your paperwork, and then wait and see if ECP try to issue a claim against you. If it goes to court, you'll almost certainly win (no guarantees though, obviously).

I assume the Postal NTK came through within the required 14-day period?

Was it one of the car-parks off the back of Eyre Street? Opposite the NCP where Berlins used to be, on the corner near where Republic was?

sk82

Thank you.

Yes it is the one on the corner.

Yes the NTK came through within 14 days.

I've appealed to POPLA but ECP have submitted some documents to reply to my appeal addressing all the points I've made. POPLA have sent me an email saying I have 7 days to respond before the they consider my appeal. I wasn't sure if I should respond or just wait and see what POPLA says?

sk82

Should I respond to POPLA quoting the equalities act and explaining the situation and mention that in the document ECP have sent they've listed someone else's vehicle or just await POPLAs decision?

Carthesis

What did you write in your original POPLA appeal?

If you haven't specifically written it yet, then you should rebut their evidence by suggesting that they haven't complied with Section 13 of the BPA CoP by not correctly allowing "observation" periods and "grace" periods. You should also point out that the time spent "past" the point where the ANPR camera picks your reg up *IS DEFINITIVELY NOT* the same amount of time as the time spent parked.

You should also add the Equalities Act 2010 in as part of this, specifically in relation to the observation periods at the start of parking. Reference should be made to comments by Kelvin Reynolds of the BPA, which can be found here: http://forums.moneysavingexpert.com/showpost.php?p=71692931&postcount=32 in relation to why the observation period in your case should have been "reasonably adjusted" to account for your pregnancy, which will undoubtedly slow you down in terms of movement, accessing the ticket machine etc., and similarly applies to the grace period at the end of parking where you have to get out of the car park.

In case you're curious, then read this case (C8DP70P3 VCS v Mr A. 23/11/2016 Birmingham Court) where it is made very clear to VCS that the Keeper cannot be held liable for the actions of the Driver where POFA2012 isn't invoked.

Carthesis

In fact, the rest of that thread with the Highview case that carcuscrae had to deal with should be helpful to you. Might be worth a read - the circumstances aren't identical, but most of the points made will still be relevant.

sk82

I can't believe it, my appeal has been rejected. Does anyone know where I go from here. I'm so worried about this now, I don't know how I'll go to court when I'm 8 months pregnant.