Appealing to Popla - Help!

Coupon-mad

Remove your VRN from this forum!

And this was a bit grammatically awkward, so change it, and this is NOT a 'fine'!

Below are photos taken by the parking charge operator showing the parked car NOT in a roadway. [STRIKE]like stated in the fine with[/STRIKE] There is no evidence to [STRIKE]state[/STRIKE] the specific gravelled, set back but otherwise unmarked,area is restricted or part of the road way. By all appearances, any reasonable average driver would take this area to be a parking (off-road) layby..

The rest of it looks to be the best you can do for the one with the NTK (what a shame you appear to have posted an appeal which is never never never recommended to ANY PPC, and as a result, they could pretend it was 'lost in the post' and issued a NTK).

Redx

remove identifiers from your posts , like VRM details for example

sirrah94

Yes sorry that was my mistake

sirrah94

Thank you for your help, I can only but hope that the appeals have a positive outcome

Coupon-mad

Even if you lose you don't pay. POPLA is something & nothing if lost, makes no difference.

The one with no NTK cannot be lost.

sirrah94

Ah okay well if it does come to that I’ll have to read further down the newbies thread! Fingers crossed and hopefully I’ll be posting again with good news :O

sirrah94

I lost both any advice?

Coupon-mad

Sorry but, how did you manage to lose one with no NTK, unless you gave away who was driving? It is impossible to lose that one, as keeper, unless POPLA erred.

Show us the decision in THAT case.

sirrah94

Well now reading it apparently I did say I was the driver ( first appeal so I wasn't aware of this thread and that you had to say you were the registered keeper). The other appeal is registered keeper but didn't win that either.

The operator has provided photographic evidence of the terms and conditions, which state !!!8220;Failure to comply with the following at any time will result in a £100 Parking Charge being issued to the vehicle!!!8217;s driver!!!8230;No roadway parking!!!8221;. The operator states it issued the Parking Charge Notice (PCN) as the appellant parked in a roadway. Within the appellant!!!8217;s response, she states a Notice to Keeper was not issued and therefore no keeper liability can apply. I feel it appropriate to state that when submitting an appeal to the operator the appellant has identified herself as the driver of the vehicle. As such, the provisions of Protection of Freedoms Act (PoFA) will not be considered in this appeal. She says that the signage in the car park is not prominent, clear or legible form all parking spaces and also there is insufficient notice of the sum of the parking charge. The British Parking Association (BPA) Code of Practice section 18.3 states, !!!8220;You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand.!!!8221; The operator has provided a number of photographs documenting the signage at the car park in question. As such I am satisfied that appellant had the opportunity to read and understand the terms and conditions before agreeing to the contract. In addition, the operator has provided photographic evidence of the appellant!!!8217;s vehicle parked in close proximity to the signage displaying the terms and conditions. The appellant has questioned the operator!!!8217;s authority in issuing and pursuing PCNs at this site. The operator has produced a witness statement to prove they can operate on the land. I am satisfied this meets the criteria to show it has the authority to operate on this land. An operator does not need to provide a full contract due to this containing commercially sensitive information. This meets the criteria set out in the BPA Code of Practice, section 7. She explains that the operator has not shown the individual it is pursuing is the driver and liable for the parking charge. I note these comments; however as previously stated the appellant has identified herself as the driver of the vehicle. As such, PoFA will not be considered in this appeal. The appellant states the photographic evidence of the vehicle does not show it parked on a roadway. The operator has provided photographic evidence of the appellant!!!8217;s vehicle. Upon review of the evidence provided, it shows the vehicle parked on a roadway. I acknowledge the appellant!!!8217;s comments that she did not park on a roadway; however, the evidence provided demonstrates the vehicle was parked in close proximity to the signage-advising motorists not to park on the roadway. I appreciate the appellant!!!8217;s comments that no contract was offered; however the signage at the site is the basis of the contract and therefore by remaining parked at the site, the appellant accepted the contract offered. Ultimately, it is the responsibility of the motorist to comply with the terms conditions of the site. Upon consideration of the evidence provided, the appellant parked on a roadway and therefore did not comply with the terms and conditions. I conclude the PCN was issued correctly. I must refuse this appeal.

Sorry for this, not sure what to do I can't afford £200!!!

Coupon-mad

Well now reading it apparently I did say I was the driver ( first appeal so I wasn't aware of this thread and that you had to say you were the registered keeper).

Oh dear, blew it early on! All too common.

The other appeal is registered keeper but didn't win that either.

Because they did issue a NTK. No big deal.

Obviously you ignore it* as you will find when you search the forum, this time for:

POPLA lost

*unless UKPC try a small claim


Searching is how the forum works best, not sitting on your own thread alone, asking questions as if it's a new thing not already covered umpteen times. There are no new questions here.

The NEWBIES thread covers the next stages:

- 'ignoring the debt collector letters' stage (post #4 of the sticky thread)
- court claim stage (post #2 of the NEWBIES thread). In 2017 we won 99% of cases.

You will notice there is no section called 'paying the charge' for obvious reasons!