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Help needed! Popla appeal

I received a ticket from one parking solutions whilst parked for 4 minutes in Lewis on a BRC bay. The driver thought it was a pay and display bay. The passenger went to get change only to rush back (within 4 mins) to say that the car had to be moved as it was not a pay and display bay. Received a ticket through the post and would appreciate any advice regarding a popla appeal and any templates.We sent a template found online to one parking solutions for initial appeal which was declined and now have a popla verification code. Many thanks
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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is this Lewis Scotland or Lewes England?
    The difference is significant.

    What's a BRC bay?
  • Lee7777
    Lee7777 Posts: 11 Forumite
    Third Anniversary Combo Breaker First Post Name Dropper
    England and British Red Cross
  • Lee7777
    Lee7777 Posts: 11 Forumite
    Third Anniversary Combo Breaker First Post Name Dropper
    Also there are about 7/10 bays only 1 British Red Cross right at the end
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    never heard of these actual bays , so I am going to assume they are on a private car park and are permit only bays for the BRC (now you told us what it means)

    chances are that the vehicle was on one without a valid permit for a few minutes and a ticket was sent in the post (an NTK) - meaning that an unsuitable GRACE PERIOD was implemented (you would expect up to say 10 minutes grace period to comply of leave)

    so the popla appeal will start with clause #13 to start (grace periods), plus no landowner authority, poor and inadequate signage , not the same as beavis, any other BPA CoP errors, any POFA2012 errors etc , AS WELL

    so follow the NEWBIES FAQ sticky thread post #3 , search for other suitable 2018 popla appeals and plagiarise them


    then post your draft on here for critique
  • Coupon-mad
    Coupon-mad Posts: 153,507 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 August 2018 at 3:44PM
    You just need to use the usual POPLA templates from the NEWBIES thread third post.

    And start with a point telling POPLA that the driver has not been identified and OPS can't invoke keeper liability as their NTK doesn't include the right words from paragraph 9 and they issued no windscreen notice either.

    As long as the template you used was our one from the NEWBIES thread on this forum (not MSE's article useless one that tells the PPC who parked the car).

    Search the forum 'advanced search' then tick to 'show results as posts' from THIS forum only) and copy & edit & adapt one that you find from these keywords:

    POPLA grace periods predatory minutes no keeper liability

    I just tried that search and the first result takes you to a lovely One Parking Solutions POPLA example from the other day (NO LINK - you do the search to get used to how good the forum search is, to discover all the threads that will help you without us spoon-feeding them).

    :)
    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
  • Lee7777
    Lee7777 Posts: 11 Forumite
    Third Anniversary Combo Breaker First Post Name Dropper
    Thanks appreciated
  • I am on an android phone and cannot see Newbies FAQ anywhere!!!
    I need help 're POPLA appeal against Britannia Parking.
    Thankyou
  • Quentin
    Quentin Posts: 40,405 Forumite
    Use a laptop or desktop!

    If after reading up on this in the newbies FAQ thread you need more assistance then you must start your own thread and not hijack someone else's like this
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jonwilli49, please start your own thread.

    Trying to progress two people's issues in one thread can only lead to confusion.

    The Newbies thread you are looking for is here:
    forums.moneysavingexpert.com/showthread.php?t=4816822

    You may find it easier to navigate this forum using something other than a mobile telephone.
  • Lee7777
    Lee7777 Posts: 11 Forumite
    Third Anniversary Combo Breaker First Post Name Dropper
    Update
    Sent reasons to popla for why the charge should be terminated using these

    As the registered keeper I wish to refute these charges on the following grounds:
    1)Grace Period: BPA Code of Practice -non-compliance
    2) The Notice to Keeper does not comply with sub-paragraph 9 (2)(f) POFA 2012
    3)The operator has not shown that the individual who it is pursuing is in fact liable for the charge
    4) One Parking Solutions ltd lacks proprietary interest in the land and does not have the capacity to offer contracts or to bring a claim for trespass
    5) Signage does not comply with the BPA Code of Practice and was not prominent enough to form any contract with a driver
    6)Failure to comply with data protection
    Waiting for judgement on the case
This discussion has been closed.
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