Appealed too soon

dd37

Hi
I have a PCN from NCP at a train station car park. I had a P&D ticket but allegedly parked in the permit parking bays.
I have read the Newbies thread and other information on NtK and leaving it 26 days to appeal. Unfortunately, I'd appealed to NCP almost immediately. Worse, I'm not the keeper but am likely to have used "I" etc. and essentially identified myself as the driver in that appeal. Even more stupidly, I've not kept a copy of what I did say.
My appeal, with photos, showed the poor road markings of the permit bays (a very broken yellow line, wording worn away etc.). My appeal to NCP was rejected as expected (day 12 now) and I have 28 days to appeal to POPLA (day 40) so I'm still 16 days short of the NtK appeal. I'd still hope to have a successful appeal to POPLA on these grounds of "poor signage". However, if rejected what then? I'll wait to day 28 for the POPLA appeal but do I then wait for CCJ's (if given) from NCP and then as day 56 passes write to NCP about the NtK not being received? Or is my appeal rejection where I've probably indicated I'm the driver bypassing that anyway?
OR, do I simply need to appeal to POPLA and if not successful either pay or sit and wait any court proceedings?
I've been stupid I know but still believe I've grounds for appeal I'd hope would be successful to POPLA.

Quentin

You look to have posted here without first reading up on the game you are caught up in as everyone is politely asked to do

Read up the newbies faq thread near the top of the forum to understand this and the process it goes down - a ccj is a long way off!!

Also read up on railway by laws - you will see the important thing is not to reveal the owner if this involves railway land

After reading up on this, then if you have any queries come back to ask

dd37

As I said in the post, I have read the Newbies thread. However, all I've seen is about waiting to appeal to NCP, then waiting to appeal to POPLA and finally it'll be 56 days. However, I've appealed to NCP already so am unsure what process I will instead need to follow. If it is in the newbie thread or elsewhere on the forum I've not come across it.

I'm aware a CCJ is a long way off, I'm simply trying to determine my step-by-step approach from where I'm at (NCP appeal rejected, as expected, POPLA appeal to come).

I will try and find the railway byelaws. Do you mean the owner of the land or the owner of the car? I've not done the latter but believe I will have indicated the driver.

Quentin

In trespass cases you don't identify the vehicle owner!

Your OP refererred to you getting given ccjs during first 56 days!

Appealing early is not fatal! as you will see when reading up on this

If this is railway land the idea is to play letter ping pong to use up the 6 months they have to issue any summmons

dd37

I believed I'd get letters/CCJs after the POPLA appeal failed and I'd not paid. I am sure that takes time but is their (potential) next steps. I'm not worried about the next steps, more that my POPLA appeal will complete (success or otherwise) within the 56 days and that negates plenty of the advice here.
Honestly, I've read a lot and I've not seen anything that says what to do if you appeal early. Advice is all to waiting for appeals. I'm sure it exists for other cases but there are a LOT of topics here now

It seems to be section 14 of the railway byelaws, specifically
14 (3) No person in charge of any motor vehicle, bicycle or other conveyance shall
park it on any part of the railway where charges are made for parking by an
Operator or an authorised person without paying the appropriate charge at
the appropriate time in accordance with instructions given by an Operator or
an authorised person at that place.
AND then specific to the Owner (NOT the driver).
14 (4) In England and Wales
(i) The owner of any motor vehicle, bicycle or other conveyance
used, left or placed in breach of Byelaw 14(1) to 14(3) may be
liable to pay a penalty as displayed in that area.

SO, I need to check who owns the land (railway or NCP) and whether the charge is displayed on the sign in the car park. Then it is owner liable so they will need to send them a Notice to Keeper? Am I on the right lines at least :-)

KeithP

Which station car park?

dd37

Shenfield Station Car Park, entrance on Hunter Avenue.

Coupon-mad

I've read a lot and I've not seen anything that says what to do if you appeal early.

Easy - simply take your time with the POPLA code; using it around 30 days is fine.

dd37

Ok, I will wait 30 days (from when I got it) to use/appeal the POPLA code. Then it is a case of waiting for the appeal to be successful (or not) by which time the 56 days should be up in any case?

KeithP

dd37 wrote: »

Ok, I will wait 30 days (from when I got it)...

Thirty days from the date on the first appeal refusal letter.

dd37

Got that, thanks. Why 30 days though and not the 28 days mentioned? Do those 2 days help in any way? What stops the POPLA code being invalid after the 28 days they have mentioned?