CP Plus PCN appeal rejected. Is it worth appealing to PAOLA and how?

[Deleted User]

CP Plus PCN appeal rejected. Is it worth appealing to POPLA and how if yes? Can anyone help PLEASE?

The driver parked at Giltbrook retail centre at Nottingham. Shopped at Ikea. Car park is free. The car park was full, there is a shed situated across 4 parking bays, parked just behind it. It didn't cause any obstruction to anyone at all. There was no signage nowhere on the site or entrance. The driver took lots of pictures as a prove and attached it to the email when the keeper appealed to cp plus but they seem to ignore the fact that there is no signage.

This is my appeal:
Re: PCN No. CPxxxxx
I challenge this 'PCN' as keeper of the car.
I believe that the car park in question has no signage to explain what the relevant parking terms and restrictions are as established in Parking Eye Ltd v Beavis.

This means no contract can be formed with the landowner. Please see attached evidence, I have gathered as a proof. The pictures clearly shows there is no signage on the entrance or anywhere at all to be seen on the side of the car park that the car was parked.

As there are no signs on the car park in question, the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis, is failed.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Their answer:

Thank you for your email regarding the above Parking Charge Notice (PCN).
I have carefully reviewed the case and have considered the points that you raised. Unfortunately, I cannot cancel the PCN and it is still payable. I have explained my findings in more detail below.
My findings
The site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued.

I attach photographic evidence taken at the time of the parking contravention.

The signage on site is sufficient and is in line with the guidelines laid down by the British Parking Association (BPA).

The majority of motorists who park at the site do so without receiving a PCN. This is undoubtedly due to the fact that they are aware of the terms and conditions of the site. If, as you claim, the signage was inadequate, the terms and conditions of the site would be unknown to the majority of drivers and many more PCNs would be issued here.
You have objected to our processing of your data under Section 10 of the Data Protection Act 1998. However, you have no right to object to our doing so if:
you have consented to the processing;
the processing is necessary:
in relation to a contract that the individual has entered into; or
because the individual has asked for something to be done so they can enter into a contract;
the processing is necessary because of a legal obligation that applies to you (other than a contractual obligation); or
the processing is necessary to protect the individual’s “vital interests”.
the processing does not cause unwarranted and substantial damage or distress.
Your details were obtained from our client as the liable party in this case.
We believe that our holding of your details on the file is correct due to the validity of the parking charge and we do not believe that our processing of your data will cause you unwarranted and substantial damage or distress. Therefore, we will not remove your details from our system.
What you need to do now
You now have three options to choose from:
1) Pay the PCN at the prevailing sum of £120.00 by 24/01/2018. Payment can be made online or by phone. Go to xxx or phone xxx. You can find full details of how to pay on the PCN issued to the vehicle and/or on the letter(s) sent if applicable.
2) Make an appeal to POPLA (Independent Appeals Service) by appealing online at xxx (verification code: xxxxxxxxxx). The only grounds for making an appeal are stated on the website and to be considered the appeal must be received by POPLA within 28 days of the date of this correspondence.
3) If you choose to not make payment or appeal, the amount outstanding may be sought via a debt recovery company and/or court action where further costs may be incurred as a result.
More Information
By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.

[Deleted User]

*should be POPLA not PAOLA sorry

Fruitcake

You should edit your first post immediately to remove information about who did what, assuming you didn't reveal the driver's identity in your first appeal.

Only ever refer to The Driver and The Keeper, who are two different people.

If you have a PoPLA code, then use it.

Use all the template appeal points available to you from post 3 of the NEWBIES thread.

These should include, not the landowner, no standing to issue charges in their own name, non POFA compliant NTK (you will have to show where it fails to comply with the POFA 2012), inadequate signage, £120 exceeds the maximum amount allowed by the BPA CoP, and anything else you can find.

[Deleted User]

Hi, many thanks for your reply, I really appropriate it. I don't quite get what should I edit on the first post? I have already sent it to them and they replied with the answer above. Did I say anything wrong? This was the template I found on this forum Newbies post.

nosferatu1001

Well, you didn’t send the second sentence of your post to them, where you identify the driver. So maybe start there?

KeithP

[Deleted User] wrote:

...I really appropriate it.

That's good to hear.

[Deleted User]

Ok. Done. Many thanks for explaining 😊

Coupon-mad

The driver parked at Giltbrook retail centre at Nottingham. Shopped at Ikea. Car park is free. The car park was full, there is a shed situated across 4 parking bays, parked just behind it.

As this must have been a windscreen PCN, we hope that you followed the NEWBIES advice to wait till day 26, so by now, having finally got this rejection letter, you are now almost certainly already well over halfway to day 56, with no NTK.

You WILL win at POPLA on that basis, of course, but include the extra words:

https://forums.moneysavingexpert.com/discussion/comment/73663884#Comment_73663884

...just to make sure.

And don't do the POPLA appeal until day 55/56 (from the parking event) as long as the POPLA code doesn't expire sooner!

[Deleted User]

Hi, thank you. I actually got the windscreen as well as the letter and then letter of rejection. I am going to appeal even though I don't believe this will change anything. I have sent cp plus a lot of pictures showing the carpark where there is no single signage to say about the rules. Car park is big and I don't think anyone is running through it to fine the terms and conditions. They were not displayed anywhere close to where the car was parked so it should be cancelled but they didn't. I don't believe POPLA is there to help.
Thank you for all your help on my case. I will apply using the temple. If anyone have any other idea on how to fight them I really appreciate your comments.

Thanks a lot.

The_Deep

I am going to appeal even though I don't believe this will change anything

It could change everything, it depends on how robust, how accurate and how detailed your appeal is,

From what I have seen, you have lots more reaing to do, winning a PoPLA is not painting by numbers.

Quentin

[Deleted User] wrote:

......I will apply using the temple. If anyone have any other idea on how to fight them I really appreciate your comments.
.

Don't send it until you have put it up here for comments