Mitigating Circumstances?

Autolycus2000

Hi all,

A couple of days ago, a car of which I am registered keeper was parked at an NCP controlled TfL station car park. The driver thought he had paid for the parking via the Dash parking app as usual but realised yesterday (due to the absence of an emailed receipt) that the payment did not go through.

The driver has phoned NCP to try to pay retrospectively but that is not possible as the PCN will now be "in the system".

It's highly likely this payment failure was down to user error rather than a failure of the Dash system or was due to a problem with the phone signal. Either way, the driver did not notice the transaction had failed to complete - probably because: (a) the driver's father had died three days beforehand, (b) the driver consequently hadn't had much sleep, and (c) the driver was further distracted by looking after an autistic and upset daughter who was a passenger in the car at the time.

I know that ultimately the PCN can be killed off with a decent appeal and that byelaws apply and that NCP don't do court, so I'm not overly worried. However, I could do without the admin burden of a long drawn out appeal.

So my question is, do PPCs take mitigating circumstances such as bereavement and kids with special needs into account and is it worth including these points in the initial appeal and/or the POPLA one? Or is it best to just do the usual stuff about signage, byelaws, ANPR accuracy etc?

Umkomaas

So my question is, do PPCs take mitigating circumstances such as bereavement and kids with special needs into account

Nope, never - not when there's money to be made!

is it worth including these points in the initial appeal and/or the POPLA one? Or is it best to just do the usual stuff about signage, byelaws, ANPR accuracy etc?

Other than as a short 'scene setter', it will have absolutely no bearing on a POPLA appeal. Do not rely on it in isolation whatever you do.

I wouldn't waste any time explaining anything to the PPC - save your breath, just copy and paste the blue text template and send it as per the instructions on the NtK.

Quentin

Little or no chance that mitigating circs will get this killed!

Ppcs don't do mitigation!

fisherjim

That's the way it's supposed to work, you appeal to the ppc with reasonable grounds to get it cancelled and mitigation in a fair and proper system would be considered, if you fail you go to POPLA to consider legal or procedural issues.

I reality you are dealing with greedy scamming businesses that don't care a jot.

Autolycus2000

Thanks for the quick replies, people.

So the message seems to be (as I thought) that it won't do any harm to include the bereavement and ASD stuff but equally it is unlikely to make much difference.

Fair summary?

Fruitcake

Autolycus2000 wrote: »

Thanks for the quick replies, people.

So the message seems to be (as I thought) that it won't do any harm to include the bereavement and ASD stuff but equally it is unlikely to make much difference.

Fair summary?

It is pointless and may cause distress by mentioning a bereavement, a factor that will be ignored by the scammers. Personally I wouldn't bother. Just copy and paste and send the BPA template in blue from the NEWBIES thread, then start concentrationg on PoPLA and byelaws, which will work.

Umkomaas

Fair summary?

Not quite. I've adjusted your statement.

it won't do any harm to include the bereavement and ASD stuff but [STRIKE]equally it is unlikely to[/STRIKE] will make [STRIKE]much[/STRIKE] no difference whatsoever.

.

Quentin

If you decide to go ahead and try mitigation over bereavement take care not to reveal the driver or the owner.

As you have been repeatedly advised, just follow the advice in the newbies FAQ thread and send the blue text appeal without any alterations

Half_way

Children/passengers (and or drivers) with special needs may fall under the umbrella of the Equality act, which can and should be used with a challenge to the parking company, and the landowner if appropriate.
Popla, and their paymasters, the British Parking Association limited ( BPA) will not give two hoots about a bereavement/death/disability or any other mitigating circumstance irrespective of how valid it may be, or you may think it is.

The_Deep

Some local authorities certainly do, and, in theory, PPCs should. Sometimes, when they do not, it gets taken up by the local paper, or the motorist goes on Facebook, trip advisor, etc., which often forces the PPC to back down.