POPLA Appeal Help

wrighteye1

Tried posting again after changing to hxxp and it allowed me to post this time!

RobinofLoxley

http://i67.tinypic.com/2e3wvh5.jpg

Yes it's the same as the one I saw in another Meadowhall thread (not Pink Lady) and spotted a flaw.

The 4th paragraph down from where it says "parked in a restricted area" says;

"If payment is not received within 14 days from the date of issue of this Parking Charge Notice the details of the registered keeper will be obtained from the DVLA"

The wording "14 days" is wrong, they can't request the keepers details from the DVLA until day 29 at the earliest. The driver has 28 days to pay.

This means the NTD is not valid and you should mention it in your appeal, along with a picture of the NTD. I noticed in the evidence CP Plus submitted in PinkLady's POPLA appeal they didn't provide a scan of the original NTD windscreen ticket but something made up to show what was on it.

wrighteye1

Please find below a link to the photo of the NTK if that is of any help.

hxxp://i64.tinypic.com/2582l8y.jpg

RobinofLoxley

Link to above.

http://i64.tinypic.com/2582l8y.jpg

wrighteye1

Does the picture in the other Meadowhall thread show the back of the ticket where it states
"Payment must be made within 28 days of the issue of this Parking Charge Notice but if payment is received within 14 days a reduced charge will apply as specified on the front of this ticket and be accepted in full and final settlement. If payment is not received within 28 days,for the reasons set out overleaf we have reasonable cause to apply to the DVLA for details of the registered keeper"
Does this matter in relation to the 4th paragraph on the front?
Thanks.

RobinofLoxley

wrighteye1 wrote: »

Does the picture in the other Meadowhall thread show the back of the ticket where it states
"Payment must be made within 28 days of the issue of this Parking Charge Notice but if payment is received within 14 days a reduced charge will apply as specified on the front of this ticket and be accepted in full and final settlement. If payment is not received within 28 days,for the reasons set out overleaf we have reasonable cause to apply to the DVLA for details of the registered keeper"
Does this matter in relation to the 4th paragraph on the front?
Thanks.

Yes I saw that, don't mention it, you haven't seen it. It's the 14 days on the front that you should point out, that's where it fails to comply .

wrighteye1

Ok, thanks.

RobinofLoxley

Re your point #3 The car was not parked in a restricted area.

I think the reason CP Plus have given for issuing the PCN/NTD, 'Parked in a restricted area' is a major point in winning at POPLA.

In the terms and conditions on the signs in the car park there is no mention of a contravention for parking in a restricted area. I think you should embed a photo (below) of the sign in your appeal to show this. Photos also break up the text and make your appeal easier on the eye.



There are also issues with the NTD and NTK that I think you can bring up re the period of alleged parking.

POFA paragraph 7(2)(a) states :

7 (1) A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.
(2) The notice must:
(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.

There isn't a period of parking given on the NTD, just a time of issue at 09.03

Paragraph 8 of POFA states :

8 (1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.
(2) The notice must:
(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.

Again there is no period parking given on the NTK, just an issue time of 09:03:53. Does that mean the car was parked for just that 1 second!

Pinklady0805

Have you put this bit in your appeal about getting tram to Sheffield? I don't advise this as it won't go in your favour. The signs state not to park and leave the centre.

wrighteye1

Thanks to everybody for all the help and advice so far. I removed my original point 2 as advised,added the points about the NTD and NTK not being valid, added photos of the sign and generally tidied it up a little.I submitted the appeal yesterday so I'll update as soon as I get anything back.
Once again thanks to everybody, especially Robin of Loxley, I.m sure I wouldn't have been able to do it without everybody's input!