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parking fine

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I receievd a PCN through the post from Euro Car parks for overstaying my 2 hours in a supermarket carpark. I overstayed by 1. 5 hours because I was taken unwell ( complications from a concussion and whiplash injury sustained 4 months earlier) and didn't feel able or safe to move or drive my car, I was on my own and no one was there to assist me. So I sat in the car until I felt well enough to drive away.
I have appealed on these grounds, it was rejected so now have 14 days to pay £50 or appeal to POPLA.
Any advice if another appeal is worth it or should I just pay.? I don't really have any eveidence to support it except maybe ask the gp..
Thanks

Comments

  • Browntoa
    Browntoa Posts: 49,605 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's not an issue to mention , read the newbies thread at the top about how to use the standard appeal point's
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  • catfunt
    catfunt Posts: 624 Forumite
    Fifth Anniversary 500 Posts Combo Breaker
    1. It's not a fine.

    2. Read the NEWBIES thread if you have not already done so.

    3. Appeal to POPLA. Have a look at recent (2016/7) POPLA appeals in this forum, draft an appeal together and post it on here for critique, removing any identifiable (Reg no, PCN No, exact times etc) info.

    I trust that you did not admit who was driving in your intial appeal to the PPC? If you did, then you can't use "no keeper liability" in your POPLA appeal.
    The POPLA appeal itself will be on legal points, and nothing to do with what happened on the day, as POPLA do not consider mitigating circumstances.
  • Umkomaas
    Umkomaas Posts: 43,399 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What happened, I'm afraid, is irrelevant as mitigating circumstances are ignored by the private parking company (PPC) and can't be considered by POPLA.

    Please read the NEWBIES FAQ sticky, particularly post #3 about appealing to POPLA. In it you will find ready to use mode appeal points, just for copying and pasting. So have a good read there first, then come back with your draft POPLA appeal.

    Can you let us see sight of your initial appeal to check whether you have identified the driver, 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
  • Half_way
    Half_way Posts: 7,476 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sainsburrys?
    You should never appeal, always challenge and complian.
    What have the supermarket said/done when you complained to them and told them that they need to contact their agents to arrange for this to be cancelled?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 22 January 2017 at 3:32PM
    I have appealed on these grounds, it was rejected so now have 14 days to pay £50 or appeal to POPLA.

    You do not have to do either.

    Whilst the PPC should imo have cancelled this on your mitigration grounds, PoPLA are unlikely to.

    However, get the in front of a judge, with evidence of your whiplash problems, and he/she is most likely to be sympathetic.

    You could write about this on the M&S Facebook page and Twitter..
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 152,246 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    joyfultuna wrote: »
    I receievd a PCN through the post from Euro Car parks for overstaying my 2 hours in a supermarket carpark. I overstayed by 1. 5 hours because I was taken unwell ( complications from a concussion and whiplash injury sustained 4 months earlier) and didn't feel able or safe to move or drive my car, I was on my own and no one was there to assist me. So I sat in the car until I felt well enough to drive away.
    I have appealed on these grounds, it was rejected so now have 14 days to pay £50 or appeal to POPLA.
    Any advice if another appeal is worth it
    Yes, if you don't write about the mitigating circs (illness) and instead write about the issues our POPLA templates cover (see post #3 of the NEWBIES thread for the POPLA appeal templates). Put them together and make a long POPLA appeal. Show us the draft, which should at the very least include the unclear signs paragraphs and the 'no landowner authority' paragraphs.

    What happened when you complained to the Sainsburys manager? Surely you did?

    or should I just pay.? I don't really have any eveidence to support it except maybe ask the gp..

    Errrm...no. Nobody here pays Euro Car Parks! Get complaining to the Store Manager and we reckon he/she will cancel it on the spot.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks, will try the store manager, presumably will have to go into store in person..?
  • I didn't complain to store manager as parking ticket came in post and the store is not local to me, it didn't occur to me to do this. (remember I have a concussed brain that is not functioning at full speed!) I will complain to store manager next time I am in the area and try to compile a POPLA template. Thankyou everybody for advice. Morrisons by the way!
  • Umkomaas
    Umkomaas Posts: 43,399 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    . Thankyou everybody for advice. Morrisons by the way!

    Morrisons tickets can be easily dealt with. Read this:

    https://forums.moneysavingexpert.com/discussion/5591437
    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
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