Tower Road Newquay PCN

Pachamama

Hi there,
Firstly, sorry for replying to NEWBIES thread, I did so from the top of the page and so genuinely didn't see request to start new thread...Apologies!!
Anyway, maybe someone can help. I am thinking of using template on MSN to fight ticket.
However, should I include as a reason for unfairness that we paid for 4 hours? They have us down as 4 hours 11 mins from entry to exit but as it took us 3 or 4 mins to get a ticket they can't possibly have given us the 10 minutes grace period from expiration. We had two young children with us, 7 months and 3 year-old if that makes any difference for grace period. Problem is that we no longer have the ticket and they haven't stated on what basis they are fining us. The £60 reduction is up on 18th so I need to deal with this asap. Thanks in advance for any advice.

Quentin

The template appeal is designed to get you a popla code (assuming you are referring to the blue text appeal)

It's tried and tested. You change it at your own risk!

Don't reveal who was the driver. (Edit your op to remove those details)

Redx

dont bother with MSN , that is MicroSoft News

you mean MSE , dont bother with that one either

stick to the first 5 posts in that NEWBIES thread you posted in , start with post #1 for the initial appeal, the one in BLUE TEXT

UNFAIRNESS WONT WIN ANYTHING AT ALL

read the BPA CoP , especially clause #13 , GRACE PERIODS

apart from anything else , that is where you should win this fight , especially because there are TWO grace periods, one before parking , one after , and PE monitor TIME ON SITE , not PARKING

but your popla appeal will also use other legal arguments from post #3

nobody is "fining" you , all they have done is sent you an invoice , like amazon or tesco do

there are dozens of threads about this one, so read this one

https://forums.moneysavingexpert.com/discussion/5677514

Coupon-mad

The £60 reduction is up on 18th so I need to deal with this asap.

No you don't, that is totally irrelevant to you. Means NOTHING WHATSOEVER.

Pachamama

Thanks. But I thought that if I appeal before their 14 day deadline it will freeze the fine at £60. Or do I just proceed expecting Parking Eye to reject and so will need to go via Popla and pay £100 if unsuccessful? Excuse my ignorance. I've read a fair bit on this website and others and my head's spinning.

Redx

you are letting the "charge" muddle your thinking

if you WIN , you pay zero, so you concentrate on winning

this will be by including grace periods in the appeal , because you are well within that rule

until a judge has determined that you owe money , you dont owe a penny (assuming it went as far as civil court)

Pachamama

Thanks for the advice but I'm a bit confused still. Should I simply send the blue text template with no amendments and save the breach of BPA CoP (I read the section you referred to) for a Popla appeal?
Will it matter that I don't have ticket?
We think there was vehicle registration input there but can't remember. If so, there should be a record of our payment.
Is a Popla appeal inevitable so no point mentioning anything else yet? Id like to avoid one if I could (of course).
Thanks!

Redx

take it ONE STEP AT A TIME , stop running , take a breath , keep calm and carry on

I deliberately linked that thread because it has additions you can adapt to ADD to the blue text appeal , namely , about grace periods

go to their website , choose KEEPER and copy and paste the blue text appeal , adding the extra paragraph about grace periods , and submit

if they cancel within 35 days , fine , job done

if they dont , they will reject and issue a popla code

then you have 28 days to draft a popla appeal

nothing else matters

there is nothing confusing about this

Pachamama

Ok, I've got it now. Just wanted to be absolutely sure I was doing the right thing before sending. And you are right, the wording and seeming formality of it all is definitely unnerving but that's how they get people isn't it. I've considered paying this a few times out of fear of potential repercussions, however unjust, and the time factor. But, no, I shall push on! Thanks again for advice!

Guys_Dad

If your timings are correct, then once you have a POPLA code, your appeal to POPLA will be based around the requirement of a PPC to give Grace periods before and after parking.

Just to reassure you, read here http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf page 9, section 13 "Grace".

But as others say, one step at a time. The POPLA appeal is step 2.

Reading the link should give you the confidence to realise you should win at POPLA.

Pachamama

Thanks! If I still had the ticket I wouldn't have questioned challenging at all.