Missed Britannia Parking's deadline to appeal

Nb33

Hi there, I'm hoping some experts here can help on a couple of technical points to do with my PCN appeal. I've read the sticky threads for newbies and Faq for this formula but can't seem to find the answer for my particular problem!

On 11th January 2017 my partner as registered keeper was issued a PCN by Britannia by ANPR. I was driving. On the reverse side of the notice there were photographs. One of which purported to show my car leaving the car park 23 minutes after the 2 hour deadline. The photograph is so poor that the licence plate is totally obscured (it was dark). It could have been anybody's car and I'm genuinely unsure it was me. I feel I have solid grounds for an appeal and will be asking Britannia to provide more conclusive "evidence" to support their demand to extract money from me.

The problem is that I stupidly forgot about appealing within their self imposed 28 day deadline which of course has now passed. I had a lot going on in my life the time so I feel some compassion may be warranted but naturally I am not expecting this from a parking company. So, am I still able to appeal after this deadline? I know POPLA don't take late appeals but I haven't even got to that stage yet. And if Britannia refuse on the basis that I was out of time what does this say about my chances woth POPLA even though on the face of it I have clear evidence Britannia have no authority to issue the ticket? In other words you miss the company's appeal deadline have you instantly "lost" forever?

As an aside I have now been sent a letter from Debt Protection Plus who appear to have increased the amount I owe from £100 to £160. Presumably the extra £60 they will claim is their "admin fee". Is this legal bearing in mind the letter doesn't state this, it just says "your parkIng charge of £160"? Reading schedule 4 paragraph 5 of POFA it would appear Britannia have no power to increase the amount owed beyond the £100 from the original notice.

Any help on these points would be greatly appreciated before I finally get around to submitting my appeal!

Guys_Dad

Why have YOU been sent demands for a vehicle registered to someone else.? So far, only your partner can appeal unless you are going to cough up that it was you - not recommended.

Umkomaas

If you (or more specifically your partner) are now at the debt collector stage it is too late for the keeper to appeal and he/she will be open to the prospects of more debt collector letters and the remote possibility of court papers being served for the next six years. It is highly unlikely that Britannia would entertain a late appeal and issue a POPLA code now, but he could try using the template from the NEWBIES sticky and see what happens.

Alternatively, as this is an ANPR case, he/she could write to Brit naming you as the driver, which will reset the clock, and Brit will issue you with a Notice to Driver allowing you to appeal and receive a POPLA code. Naming the driver is not normally recommended as the keeper loses protection from PoFA 2012, but that protection could only now be used if this proceeded to court.

Expect no compassion from any PPC, so no point in playing that card.

Has your partner made a complaint to the landowner - you haven't said what type of car park this was - and ask them to intervene. If it was a retailer, or hotel or hospital, they will often agree to cancel the charge.

Fruitcake

I always recommend a late appeal from the keeper. If it came to a LBCCC then the driver can still be named at that point and the clock reset.

As already mentioned, debt collectors can be safely ignored.

Coupon-mad

I know POPLA don't take late appeals but I haven't even got to that stage yet

You won't be appealing. The keeper will - NOW, online, today, using the NEWBIES thread template appeal for BPA members.

Do not blow this by admitting who was driving. Britannia cannot hold a keeper liable, due to their choice of paperwork, so the keeper remains the appellant and is untouchable. We don't care what reason you might have to think you should appeal - DON'T RUIN IT! The keeper does.

Loadsofchildren123

Read the Practice Direction - Pre-Action Conduct and Protocols which is online at
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct


Read these paragraphs:


Para 8:
Litigation should be a last resort. As part of a relevant pre-action protocol or this Practice Direction, the parties should consider whether negotiation or some other form of ADR might enable them to settle their dispute without commencing proceedings.


Para 9:
Parties should continue to consider the possibility of reaching a settlement at all times, including after proceedings have been started.


Para 11:
If proceedings are issued, the parties may be required by the court to provide evidence that ADR has been considered. A party’s silence in response to an invitation to participate or a refusal to participate in ADR might be considered unreasonable by the court and could lead to the court ordering that party to pay additional court costs.


Even if you are out of time, ask if you can still appeal. Point out that they are obliged to pursue all reasonable forms of ADR (which includes an appeal). Requests for an appeal which are just a few days out of time are not unreasonable. If they refuse they are denying you the opportunity to pursue ADR.


I did this several years ago with a PPC and they just cancelled the charge because they couldn't be bothered. however, the landscape is a little different now and PPCs tend to proceed more than they used to.


Having said that, you have to consider whether it's worthwhile forcing them to allow an out of time appeal if it's just going to delay the inevitable (unless you have cast iron appeal grounds).

user24601

Hello, I wasn't sure whether to start a new thread, as I am in a very similar situation as Nb33. Tried to search the forum to find my answer and think this advice would be right for me too.

PCN issued by Smart Parking (Bpa member) by post. No window ticket. I bought a pay and display ticket but 10mins after they clocked me entering at Fistral Beach Newquay and it expired 10mins before they clocked me leave too.
Missed the deadline for an appeal and got a letter from Debt Recovery Plus.
Am I right in thinking I can appeal as registered keeper still as Coupon-mad suggests and see what happens? Then am I still able to name the driver and reset the clock? Does this reset to the lowest charge offered (ie £60 if paid within 14days)?
Thanks so much. Sorry if I was supposed to start a new thread!

Coupon-mad

Don't name the driver. Smart may well try a small claim but a keeper defending is likely to see it off with a robust defence.

DO NOT throw that winning position away. Any other queries - yes please start a new thread.