Advice and Thanks

danie1d

Hi All,

I just wanted to post a quick thank you and a few notes from my experience. I received a ticket from Civil Enforcement (CE) for an overstay at High Wycombe Lido car park. I was very naive and because I was only a few minutes over the grace period I thought if I explained I was trying to settle a screaming baby in the car they would be sensible and cancel the ticket. I was wrong and by appealing in the way I did I admitted I was parked there - Big NONO! don't do this....

So I came back to this forum and I can only say a huge thanks to everyone on here, obviously the main contributors that have helped 1000's of people are key and I wanted to make sure you knew all the work you put in is hugely appreciated. Thank you.

I used this forum to help create my appeal to POPLA and despite a weak response from CE I didn't know what to expect. At the end of the process I've won the POPLA purely based on the lack of proof of landowner authority. So for anyone wondering what to do, as everyone says, stick with it, and use the advice in this forum.

CE responded to a lot of points but it was clearly a canned response which they roll out regardless of the POPLA appeal, it missed some key points but mainly it had nothing on landowner authority. See below for the POPLA response.

My only final wish would be to be able to rub this in the face of CE, but I'll have to just enjoy the win :j without that. I want to make sure people stick with it, read the topics here and appeal.

Thank you all again, and until next time :beer:

From POPLA:

"Assessor summary of operator case
The operator’s case is that the appellant exceeded the time paid for.

Assessor summary of your case
The appellant has raised several grounds of appeal such as: • Grace period: British Parking Association (BPA) Code of Practice noncompliance. • There are no entrance signs for the regular entry and signs in this car park are not prominent, clear or legible from all parking spaces. • No evidence of landowner. • ANPR enforcement. • No evidence of period parked, the notice to keeper does not meet Protection of Freedoms Act (PoFA) 2012. • Vehicle images contained in parking charge notice. To support the appeal, the appellant has provided POPLA with a photograph of the sign and the appeal details.

Assessor supporting rational for decision
Section 7.1 of the British Parking Association (BPA) Code of Practice outlines to operators, “If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent). The written confirmation must be given before you can start operating on the land in question and give you the authority to carry out all the aspects of car park management for the site that you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges”. After reviewing the operator’s evidence, the operator has failed to provide sufficient evidence of the contract which provides confirmation that the operator can operate on the land in question. Therefore, I am not satisfied that the parking charge notice was issued correctly. Accordingly, I must allow this appeal. I do not need to consider other grounds raised as I have allowed this appeal."

Fruitcake

Well done. Please tell all your friends and family where to come if they get a PCN, and please do complain to your MP about this unregulated scam.
Help us to help more people like you.

Coupon-mad

Yay, well done, and shows doubters why you need to include all template POPLA points, any one of which can win in their own right, even if the appellant has blabbed about driving!

:T

Umkomaas

Well done, excellent DIY victory.

And you didn't even have to ask whether to post or email the appeals, first class or second class stamp - lickable or self adhesive, does it matter, whether to put name and address on the appeal, whether to sign the appeal or not, what time of day is best to submit the appeal, ......... (facetious mini-rant from me in response to some of the absolutely absurd questions we regularly get bogged down with!)

In all seriousness now, really pleased you so effectively used the great resources available here on the forum to put CEL back in their box! :T