Anxiety, Exams and Parking tickets! Please Help!

Lara9336

I am a student who was on a summer placement at Lloyds pharmacy and I also had a contract of employment whilst working there. When starting my placement I was told to park at the private car park behind the store as that is the car park where staff members at the branch park. On the first day of my placement I was told I had to register my car to use the car park via an ipad but I was not informed that I would have to re-register my car everytime I left and re-entered the car park after this. My placement began on the 12/06/2017 and ended on the 21/06/2017 and between these dates I was using the car park without registering my car. I have recieved 3 separate private PCNs for use of the car park.

My manager told me it was easily sorted and to appeal and it would get accepted and he would email them too (he actually meant he would email the landlord). So I appealed and stated I was the driver and told them the circumstances of what happened. My appeal was rejected. I called up my manager and found out the landlord said they dont want to get involved and that I may have to go to court.

I appealed to POPLA thinking if i submit evidence that I work there it will be fine but the company has replied saying it wasnt upto other staff members to inform me I need to get a permit everyday and therefore I am still liable to pay the fine.

I have 5 days left to reply to POPLA but I also have an exam on tuesday so its really stressing me out as the 3 fines total to £300 if i have to pay the full amounts and I am currently on anxiety medication something I was just getting under control and this has just made it 10x worse.

System

Parking company?

patman99

Appeal each ticket individually to POPLA.

If you read the stickies, they will help you create a good appeal to use.

Unless the PPC has landowner rights, then they are on a hiding from nothing anyway.

Even if POPLA find in the PPC's favour, it still does not mean you should pay. Make them take you to Court and have your day in front of a Judge.

Lara9336

The parking company is civil enforcement.

Is it possible to ask popla for a extension so I have time to look through forums and get advice as I really cant deal with it right now as my exam coming up is extremely important.

nosferatu1001

No, they will not grant any extension.

If you have already appealed, you cant add more to it. All you can do now is add comments to their evidence pack. We dontknow what you have appealed or what CELs pack looks like.

The result is NOT BINDING ON YOU. If it goes against you, then you just wait until CEL issue court papers. That will be months down the line as they like to go round the houses adding MADE UP costs on. You then use our help - well after your exams - to defend these.

CEL does NOT go to the acftual hearing with forum defences. They just dont. WE've just had another discontunance on PEPIPOO with the hearing still 2 months away.

The_Deep

Sounds like a penalty or an unfair term to me.

Umkomaas

EDIT - I've re-read your opening post. Important question - have you actually appealed to POPLA or just to CEL? If it's only to CEL, then follow the advice below. If not, I'll delete that and have a think about your other options.

You need to draft a separate POPLA appeal for each ticket. They can be identical, but separate.

Go to the NEWBIES FAQ sticky, post #3 where there are ready-to-go template appeal points. If you're really under stress they are probably sufficient in their own right. But having identified yourself as 'the driver', the 'No Keeper Liability' appeal point can't be used.

Unusually, to help you get on with this, I'm linking you to post #3 of the sticky:

http://forums.moneysavingexpert.com/showpost.php?p=64350600&postcount=3

Work your way to the template appeal points and start building them to form your draft appeal. But also do some forum searches on 'CEL POPLA' and find recent CEL POPLA appeals to plagiarise relevant points. Work those into your appeal.

Did you appeal each individual PCN separately?
Did you identify yourself in each one as 'the driver'?
Do you have 3 separate POPLA codes?

Lara9336

I appealed first to CEL and then they rejected it and sent it to POPLA and i said the same thing to POPLA. CEL have replied to what ive said on POPLA and I shall try to add it in a separate post.
Due to my manager acting like the situation was easily fixed i didnt really think about researching what i should and shouldnt say and just told them how it was.

Also I only appealed the first PCN to CEL as I thought it would cover all of them but once it got rejected I appealed the other 2 to CEL only but I said the same thing.:(

Lara9336

hxxp://s38.photobucket.com/user/lara9336/library/

I have uploaded the pictures of CEL response and the Permit sign here

Coupon-mad

So are the other 2 POPLA codes still within 30 days of the rejection letters?

And re the one that is at POPLA already:

but the company has replied saying it wasnt upto other staff members to inform me I need to get a permit everyday and therefore I am still liable to pay the fine.

Clearly if there is an exemption from the charge for Pharmacy staff, then CEL must ensure that this is communicated either by themselves through prominent signs which mention the terms & conditions for staff, or by the Pharmacy having clear instructions to accompany the iPad/touchscreen (which didn't arrive out of thin air and is equipment issued by...CEL, which forms part of the alleged contract and parking regime itself - it is central to it, yet the signs do not mention it).

No photos of the touchscreen, or the instructions on that touchscreen, or any notice near the touchscreen, or any staff directives or instructions issued (if any) have been supplied by CEL.

The operator can't issue an iPAD with little or no instructions to the Pharmacy (and no evidence has been shown in this regard) and pretend that it is reasonable for no-one - neither them or the Pharmacy - to inform staff members of the terms and the steps to take to exempt themselves, every day rather than by the normally used 'white list' route of registering a retail staff car just once, as an exempt vehicle. Any employer is going to have a turnover of staff, or temporary locums or (in this case) placement students working there for the first time so it is incumbent upon CEL to show that this touchscreen has relevant instructions on it to form part of the contract.

You need to say the above as your comments on the evidence, on the POPLA portal, plus point out anything rubbish in the evidence, such as:

- the fact that the signage is silent about staff members exemption instructions, and even silent about displaying any 'permit' or indeed any piece of paper, or how one gets this vague 'permit', that a person has an obligation to use equipment such as a keypad/touchsreen (daily, weekly or once every ten years). Nor does the sign in any way create any 'relevant obligation' to do anything at all, to prove a driver is a 'permit holder'.

As a staff member, the appellant undoubtedly had permission to park, so was by definition a 'permit holder' (the dictionary definition of 'permit' being derived from the word 'permission'). A staff member with permission to park, who reasonably believed they had white-listed their car at the start of the week, cannot have breached terms that do not exist, as drafted, under any reasonable interpretation.

- the sign pictured does not comply with the BPA CoP on entrance signs - for example it fails to tell the driver that it is private land managed by a BPA AOS member (no roundel) and the 'P' is not the one required in the CoP, as mandatory for signage since 2014... three years ago!

- there is no evidence as to the position of the car in relation to the sign, and the photo shown of the alleged main sign has no date and appears to be a very old 'stock/archive' image, in view of the missing AOS roundel. Any undated aerial 'site map' of vague/imaginary dots, alleging signs were there (when?) can also be taken with the same pinch of salt, for the same reason.

- point 19 of the evidence pack pointlessly talks about ''the public'' (the appellant was not a member of the public, in this instance) and also generically mentions 'e.g. Hospital staff' for no reason other than the fact this is a template 'evidence pack' with no due diligence undertaken to address facts.



P.S. you will have to email those comments to POPLA; as usual I have written a lot!

Head the email POPLA code xxxxxxxxxx* - comments on the evidence


* obviously change this to the right POPLA code - 10 numbers (same one as on the top of their evidence cover sheet).

Lara9336

Thank you so much for that reply!!! Has definately helped put my mind at ease regarding the situation and I appreciate you going into depth with your response.

I have only sent an email in regards to the other 2 but it was exactly the same as the first one so i guess it will be rejected aswell but their reply comes in the post within 28 days after sending the email so they have not come yet.

I have added the original PCN to hxxp://s38.photobucket.com/user/lara9336/library/ and I was just wondering if the fact that my car does not have a time stamp on the incoming and outcoming pictures from the car park would also be of use to say?
(I was only there 3 hours because I went for my lunch)

I do have the landlords email address is there anything I can request or say to him or will the points in the response above be enough?