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Help with POPLa appeal

Hello all,
I am in need of a little help with my POPLA appeal would appreciate any advice you can give to help me get the right decision.
My Parking ticket charge was for supposedly causing an obstruction or inconvenience to others. The place the car was parked was in no way causing any obstruction or inconvenience despite not being parked in a bay. The car park in question regularly allow cars to park in the location the vehicle was left, as the car park gets fuller they extend the cones out and create more spaces, people are parked there on a daily basis. For some reason on this day they decided to give tickets. I took a few photos on the day of other vehicles parked in similar positions but with no tickets on them you can also see the area is clearly wide enough that vehicles/people can pass by.
I used the template in the newbies section requesting photos and refusing to give the drivers information etc... and have had my appeal rejected and photos have been sent. now its time for the next step POPLA and would like some help getting it right please?
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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,669 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Which parking firm and did you avoid getting a Notice to Keeper, by appealing on day 26 of the windscreen PCN?

    If so, two guesses what your MAIN, FIRST appeal point will be?! :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The parking firm is Total car parks and yes I sent on day 26 and received a notice to keeper on the 22nd of May. The parking ticket was issued on the 20th of April.
  • Actualy the notice was dated 22nd of May, not sure the exact date i recieved it. I've since had the appeal rejection letter, dated 8th June recibed that on the 11th.
  • Umkomaas
    Umkomaas Posts: 43,774 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 June 2018 at 9:09AM
    You should now email the DVLA and ask who has accessed your data between the date of your parking event to the date of issue of the NtK.

    SubjectAccess.Requests@dvla.gsi.gov.uk

    You must give the following details to the DVLA:

    Full Name
    Full postal address and address shown on V5C (logbook)
    Vehicle Registration Mark

    If the PPC used your details from your initial appeal to issue the NtK, they cannot hold you, as the keeper, liable; they must still acquire those details (even though you have given them to them) from the DVLA.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,669 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is the NTK one that repeats the same sum as in the PCN, and has the required words from para 8 of Schedule 4 of the POFA? Is it one that can hold a keeper liable?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Roxisaphire
    Roxisaphire Posts: 13 Forumite
    Sorry am a little confused by all that, it says the charge is now £100 which was on the original PNC but reduced if paid within 7 or 14 days. I don't really understand the rest might have to simplify it a little for me please?
  • Umkomaas
    Umkomaas Posts: 43,774 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I don't really understand the rest might have to simplify it a little for me please?
    You'll have to tell us what you're having difficulty with.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,669 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sorry am a little confused by all that, it says the charge is now £100 which was on the original PNC but reduced if paid within 7 or 14 days. I don't really understand the rest might have to simplify it a little for me please?

    The NEWBIES thread tells you about the POFA and shows a link to it. Read paragraph 8 of the Schedule linked in the NEWBIES thread, and compare your wording.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Roxisaphire
    Roxisaphire Posts: 13 Forumite
    Got my reply from the DVLA and there was a request from total car parks on the 21st the day before they sent the ntc unfortunately.
  • Roxisaphire
    Roxisaphire Posts: 13 Forumite
    Ok so I've read paragraph 8 and the NTK looks like they have done everything they should have done except possibly providing evidence, depends on if an address for their website to appeal at counts (as the evidence would be on the site)
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