APCOA appeal rejected with POPLA code

vitonave

Hello experts,
Thank you in advance for your time and help. Keepers appeal using standard teamplate shared in newbee thread got rejcted and receive the letter with POPLA code and car photos. Background is, driver had parked car in Jan-18 in a parking near train station in Leeds before 7 AM, and this was the 3rd time driver had used that facility in last 1.5 months. Every time, typical usage is park before 7AM and pickup the car around 8:30 PM and for first 2 times, driver had paid the charge for 24 Hrs within 20-30 minutes of parking car. Last time, driver couldn't get the line through on train, while trying for payment and then completely missed it in preparing for meetings, eventually driver realised it in afternoon after meetings got over and paid the charges for 24 hrs around 3 PM. However, by this time parking attendent left the PCN on widnscreen and eventually got the NTK. driver appealed the same using standard template, but got rejected with POPLA code. Obviously they are offering discounted rate if paid within 14 days.
understand payment was done late on the day, but there were genuine reasons and seeking help on how to defend this.
Thanks once again for your time and help.

Coupon-mad

However, by this time parking attendent left the PCN on widnscreen and eventually got the NTK.

That's a shame, why did you wait for the NTK? You are meant to appeal a BPA member PCN on day 26 from it being placed on the windscreen. Maybe you only found us after NTK?

Never mind, we assume you have checked the NTK against para 8 of the POFA and seen where it fails in wording. We ask that you look, not us. Easy game of 'spot the difference' = no keeper liability.

Not sure what else you need to know because the POPLA template points are in post #3 of the NEWBIES thread and we never lose v APCOA. Make it long and detailed and they will likely fold.

The_Deep

If you put up a half decent PoPLA appeal they will blink first, they always do. What a waste of time.

This is an entirely unregulated industry which is scamming the public with inflated claims for alleged breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose, and have been reported to the regulatory authority by an M.P.

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

vitonave

Thanks you Coupon-mad for quikc reply. I agree with your point on missing appeal on day 26. I did try to read through para 8 of POFA, but not able to 'spot the difference' as first time coming across such issue and language is certainly have part of legal jargons.
PCN says "failure to purchase and display a valid parking ticket or valid parking permit", while for online payment, in any case there won't be any paer ticket placed in car. PCN was issue at XX while car was parked since YY and payment done around ZZ. Can you please suggest if paying late as per this scenario for 24 hrs of parking, can stands valid for POPLA appeal ?
thanks once again.


kind regards

Coupon-mad

Here's para 8, not being funny but I can NEVER undertsnad people describing these bullet points as 'legalese' or jargon. Where?

''THE NOTICE MUST'' is what it says, then it lists some words. So play spot the difference!

Please tell us what's hard to understand & compare with your NTK?

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;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);

(d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is:
(i)specified in the notice to keeper, and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4))

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper:
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given:
(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).

(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

(4)The notice must be given by:

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so 'given' for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose 'working day' means any day other than a Saturday, Sunday or a public holiday in England and Wales.

Since I work in a school, it's not in my psyche to let people get away with ''I can't''!!

vitonave

Apologies Coupon-Mad, may be i am feeling confident in finding the exact point that can stand strong in appearl. If i am right in interpreting the POFA v/s NTK, is this the difference in connection with "periof of parking / specified periof parking" where NTK only says "The driver of the vehicle at that time is required fo pay the parking charges in respect of the above. However, the parking charge notice has not yet paid." If i look at the PCN, it also have information for "First Seen at: timestamp" and there is no duration / period of parking when it was observed without ticket.


(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

Fruitcake

You need to edit your initial post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people.

Parking scammers monitor these fora.

Fruitcake

vitonave wrote: »

Apologies Coupon-Mad, may be i am feeling confident in finding the exact point that can stand strong in appearl. If i am right in interpreting the POFA v/s NTK, is this the difference in connection with "periof of parking / specified periof parking" where NTK only says "The driver of the vehicle at that time is required fo pay the parking charges in respect of the above. However, the parking charge notice has not yet paid." If i look at the PCN, it also have information for "First Seen at: timestamp" and there is no duration / period of parking when it was observed without ticket.


(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

Since the POFA says the word MUST, then any omission is a POFA failure. Any failure means there can be no liability.

You need to get pics of the entrance and signage as that will feature in your PoPLA appeal as well.

Coupon-mad

Go through the points that the NTK must have, line by line. Not just the first ones.

vitonave

Thank you Fruitcake, i shall start POPLA appeal and share the details once received.

vitonave

Sure Coupon-mad, i will prepare the details and appeal to POPLA. will update the details in thread.