Private parking notice

LilBec

Morning all
I have read a lot about parking fines and was quite convinced our appeal would be successful, but it wasn't...
In May my car was parked over the 3 hours allowed at this particular spot (Not by me but it doesn't help me to name the driver). Then in October I received the notice in the post. I appealed on the basis that under POFA i should have receuved the notice in 14 days. They just said no. No explanation just appeal was unsuccessful. So now I'm not sure if it's worth appealing to POPLA or whether i have just misunderstood what I have read.
Is anyone better informed than me who mihjt be able to shed some light?
Thanks

Edited with some requested info:
PPC is Parking Eye
It's a postal ticket only from ANPR
THE driver overstayed by 36 minutes
I will ask him to look at the sign next time he is there but from what I recall having parked there myself once or twice there are signs everywhere.

Main reason I'm questioning appealing is do they know something I don't or are they hoping I'll cave because it doubles if i appeal to POPLA and am unsuccessful.

I have read in some places they must comply with POFA but others seem to suggest if they can't get you as keeper they jist go down presumption that you were driver then POFA becomes irrelevant. Is that true?

I've also emailed DVLA to ask if they can tell me when the request was made, as I understand if the request was made within the right time frames they may still be able to pursue?

These people rely on people like me,not fully understanding the legislation and being too afraid of increasing costs. But I do feel like on this occasion I've got it right. But then why if it was so black and white would they refuse it?

fisherjim

You cant have read the right stuff if that's the way you are thinking!

Who was the PPC?
Of course they rejected your appeal why would they uphold it that won't give them any income!
Of course you should use your POPLA appeal what on earth can you loose and it is winnable!
Was this anpr or window ticket?
Of course you don't name the driver!

claxtome

It is always worth appealing to POPLA.
I think your main defence, from what you have said, is the the Notice to Driver , which was also your Notice to Keeper, was received after the 14 days it should be received as per Schedule 4 of POFA 2012. I bet the NTK you received had some further breaches.
(This assumes you didn't have a PCN notice on the car)

Can you provide some more details about your case by editing post #1.
Suggest details about ->
1) how long the driver overstayed - as grace periods maybe significant
2) The name of the Parking Company (PPC)
3) Details about the car park signage (maybe post a specimen sign)
4) Was ANPR cameras used in your case?

If you read the NEWBIES thread post #3 this will give all the details and links to previous successful POPLA appeals. Work through that post looking at previous cases and post your draft POPLA appeal in this thread when ready.

Also a good suggestion to help with your appeal is to:
1) Look at the appropriate Code of Practice that the PPC are a member of. (Either IPC or BPA) and see if there any breaches of signage etc.
2) Look out for further breaches of POFA like the wording of the NTK. (Particularly paragraph 9)

The more you read and help yourself the more this forum are likely to help.

LilBec

I've edited the above with more info. I'm not sure if I need to reply for you to see I've replied- not very good on these forums!!