Likelihood of success with POPLA appeal

Rudedog

It’s a car park attached to a shopping arcade, rather than a retail park - I don’t have any receipts to show or anything as use the car park there’s to visit my orthodontist. Is it still worth contacting the stores? Thanks.

Rudedog

I wasn’t trying to ignore/disrespect/argue with anyone- I was trying to understand the clauses properly in order to be able to construct my argument for appeal. Perhaps I didn’t word this carefully enough, please accept my apologies.

KeithP

Rudedog wrote: »

It’s a car park attached to a shopping arcade, rather than a retail park...

Can you not complain to the shopping arcade management along the lines suggested by Coupon-mad - about EA2010 reasonable adjustments?

Coupon-mad

Carlymcauley wrote: »

It’s a car park attached to a shopping arcade, rather than a retail park - I don’t have any receipts to show or anything as use the car park, there to visit my orthodontist. Is it still worth contacting the stores? Thanks.

What did you think, after you read 'SUCCESSFUL COMPLAINTS ABOUT PPCs' a long thread of successes that is linked in the NEWBIES thread where it tells EVERYONE to complain, and where the example successes prove half the people had no receipt...?

Where do I say 'complain to the retailer but only if you have a receipt'? (I don't).

Quentin

Carlymcauley wrote: »

It’s a car park attached to a shopping arcade, rather than a retail park - I don’t have any receipts to show or anything as use the car park there’s to visit my orthodontist. Is it still worth contacting the stores? Thanks.

So complain to the dentist.

You were a "customer" of theirs!

Quentin

Throughout here you are advised never to reveal who was driving


You need to edit your posts to remove details of who was driving


If you have inadvertently used your real name as your forum name then you need to ask MSE to change it to something truly anonymous


The ppcs monitor this forum and can use your posts against you

Rudedog

Hello again. I’ve called the manager of the shopping arcade (I spend money there every time I visit- just not big purchases that I’d keep receipts for) and although friendly, he said that NCP have their own contract for the land the car park is on and that it’s a separate entity and nothing to do with them. He gave me the number of the person who manages the car park and I’ve called repeatedly but the phone is never answered. Any advice as to where I go from here please? Thanks!

KeithP

Rudedog wrote: »

Any advice as to where I go from here please?

Does this sentence from Quentin's post still need your attention:

If you have inadvertently used your real name as your forum name then you need to ask MSE to change it to something truly anonymous

If so, perhaps reading this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules will help:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

Redx

Carlymcauley wrote: »

Any advice as to where I go from here please? Thanks!

I already told you where to go next in post #4


POPLA


so construct your popla appeal including grace periods as the first item

brewthebear

Redx wrote: »

download and read the BPA CoP , january 2018, especially read clause #13

ask yourself if they failed to stick to clause #13

construct a popla appeal with clause #13 as the number 1) item (grace periods , one before , one after)

add no contract, signage issues etc onto this popla appeal as well as grace periods

it should win on grace periods alone

also email the BPA AOS team with a copy of the NTK and a copy of the refusal, and say that NCP are yet again in breach of clause #13 because they failed the overstay time allowed as there are 2 periods of time, one before , one after. ask the BPA to sanction NCP for this continuing practice which is making a mockery of their CoP

forget about what happened on the day, its not relevant at all

legal points will win this case, probably at popla

I just today received a letter from AOS regarding grace periods

Hi I Thank you for your email in connection to ParkingEye, who as members of the BPA’s Approved Operator Scheme are required to abide by our Code of Practice.

Our remit is to investigate breaches of our Code of Practice when evidence is supplied, and to bring about rectification. If you wish to review this, it can be found on our website: https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf

Upon review of your email, I can advise that where parking is invited on privately owned land, upon the moment of entry a short period of time (commonly referred to as an entry grace period) is given to enable a motorist the chance to read the terms and conditions and to decide whether to stay or go. This is not stipulated in the Code of Practice. The actual amount of time allocated to this, will vary depending upon the size and layout of the site, and so it is decided by the private landowner or operator. This entry grace period is given so that if a motorist finds that they are unable or unwilling to abide by the advertised terms and conditions, they can leave the site within that entry grace period without parking enforcement being carried out.

If they stay however, they must ensure they abide by the advertised terms and conditions, and once the parking contract is finished, then there is a 10 minute grace period provided to leave the site before a parking charge would be levied for overstaying. This 10 minutes is specified in our Code, under clauses 13.2 and 13.4.

Based on the information supplied, there is no evidence of a breach of a point raised in our Code, but I trust this explanation is of use to you. Please note that the next stage in the appeals process is to use the free and independent parking on private land appeals service known as POPLA, full instructions are included within ParkingEye’s letter dated 10 September.So even they are ignoring there own codes of practise !!