Comments on draft POPLA appeal please - Failure to pay for duration of stay

crossone

Thank you so much for this excellent resource. Any thoughts on the below most welcome.

NTK arrived within 14 days. They have amended the wording since some of the above posts, but it still states "if within 28 days we have not received full payment or driver details" (my emphasis) which I know is non-compliant wording.

The car park in question allows 3 hours free parking, thereafter a charge per hour is payable. But payment can only be made once the 3 hours have expired and only by mobile phone. What if you are unavoidably held up and don't own a mobile or the battery is flat at the end of the 3-hour period? I have never before heard of a car park where cash payment is not possible. This seems to be a potential discrimination issue to me (older drivers statistically less likely to own a mobile phone).

Any thoughts on offering to pay the charge for the extra time late?

nosferatu1001

Which PPC?
If you are held up - this is frustration of contract
They have to accept cash, arguably, if they are claiming a debt accrues otherwise.

crossone

Gemini

Any other thoughts and comments gratefully received.

Keeper is minded to offer to pay for one hour's additional parking without giving away identity of driver

nosferatu1001

Not a hope that will be worth doing
Have you read the newbies thread, which gives you a precise route to follow, based on the PPC?

crossone

nosferatu1001 wrote: »

Have you read the newbies thread, which gives you a precise route to follow, based on the PPC?

Yes, and I have located the template appeal to PPC based on this being a postal NTK and will adapt that. I was just wondering what else to include.

Thanks again for your help - there's just a lot to absorb for a newbie

nosferatu1001

The template is a template for a reason.
The appeal to a PPC is almost never successful, so the template is used to ensure no wrong info is given away, and to not expend time on these parasites.

Make sure you send the right template. ROUND logo denotes the membership you care about.

crossone

I'm sure it won't surprise anyone advising on this site that my appeal to the PPC was unsuccessful. Am now considering my appeal to POPLA.

Questions I would be very grateful for any comments on:

1. Do POPLA usually/always follow previous decisions? My NTK included wording which POPLA have previously held to be inadequate ("within 28 days"). I intend to quote the previous POPLA decision in my appeal.

2. If my appeal is unsuccessful, does this mean you just pay the full £100 (rather than the discounted £60) or do you have to pay extra costs if the POPLA decision takes more than the 28 days within which payment is due (and after which Gemini have said they will pass the matter to debt collectors/start charging additional costs etc)

3. I don't live locally to the parking site and won't be able to obtain more photos. So will be relying on the photo of the signage supplied by Gemini (which does appear to be accurate). Is this fatal?

Thanks so much - I will post my draft for comments please

KeithP

crossone wrote: »

3. I don't live locally to the parking site and won't be able to obtain more photos.

Why don't you ask here if anyone is local to the car park who could perhaps get pics for you?

Have you searched the forum for the car park where you might find pics already?

Have you used google looking for pics?

crossone

This is the Beckenham Gym/Gambado carpark. I understand they changed their signage in January 2017. I've searched the forum and google without success unfortunately. Very grateful if anyone has or could obtain pictures.

crossone

ok I have one - imgur.com/gallery/oxonP

as you can see, much of the text is illegible

KeithP

crossone wrote: »

ok I have one - imgur.com/gallery/oxonP

as you can see, much of the text is illegible

https://imgur.com/gallery/oxonP

Can't see anything on that sign about paying £100 or £60.
If it's there, it is certainly nowhere near as prominent as the £4.00 all day charge.


There's a Gemini sign on twitter dated Oct 2016:
https://twitter.com/hashtag/beckenha

Here's a thread on Pepipoo that might help:
http://forums.pepipoo.com/index.php?showtopic=105140
... although, having now read it, it may not be much help.