PCN - Can someone advise me about a POPLA Appeal please? PCN from Care Parking

michellearmstrong20

Hi,

Please can someone advise me whether my friend should appeal to POPLA using only one defense (breach did not occur) or as many points as possible. He has photographic evidence that the car was not parked for the duration the parking company claim (2 trips to car park).

Details:

He has a PCN from Care Parking (The Range store St Helen's) They claim the car was parked for 2 hrs 20 minutes
The car park is free but has a max stay of 2 hours
They use ANPR
He has not identified the driver but I think all of the NTK stuff has been compliant
The Range customer services were horrible, no sympathy at all even though the driver was a genuine customer with receipts and refused to cancel it
His appeal was rejected by Care Parking
He has the POPLA code and intends to appeal
Photographic evidence is of a pay and display ticket which shows the car visited another car park in the middle of the 2 hr 20 minute period

In the POPLA appeal, should he only appeal on this point alone that the breach did not occur as the car was elsewhere or should he appeal on as many other points as possible?

I read on here that someone won POPLA due to double dipping as he only appealed on one point alone (double dipping) and since the parking company couldn't prove otherwise it was upheld. It seemed to suggest that the decision maker was forced to make his judgement on this one point alone because that is all the person based the appeal on and that the burden was on the parking company who couldn't disprove multiple visits.

But then I have also read on here that its best not to rely on one point alone so he is unsure which is the best option, one point or as many as possible?

Any advice would be much appreciated
Thank you

Michelle

Umkomaas

If it was a double-dip incident, then use that point.

Unless the appellant is in full command of all the stuff surrounding private parking (like being a regular parking forum adviser), the advice is to appeal on a range (no pun!) of appeal points.

The NEWBIES FAQ sticky, post #3 covers everything you need to know (including near-template appeal points) to put together a solid POPLA appeal.

Coupon-mad

Show us your draft, after reading the 3rd post of the sticky, all about POPLA.

michellearmstrong20

Thank you for your replies Ukomaas and Coupon/Mad,
I didn’t get time put my draft popla appeal on here Sorry (I left it too last minute and underestimated how long it would take to write one)!. I received an email off popla today and they said the parking company has submitted the evidence it gives me a link to click on but when I click on that link in the email there is no evidence there, it still shows as though they’re waiting for the evidence any ideas why that might be?

thank you
Michelle

KeithP

You need to phone PoPLA and ask them what's going on.


Apart from that, Have you based your forum username on your real name?

If so, you would be wise to get your username changed to something much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

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.

michellearmstrong20

Thank you KeithP, I will send you a message now

KeithP

Send me a message?

No need to send me a message.

I am neither PoPLA nor MSE's forumteam.

michellearmstrong20

Hi all, so unfortunately the POPLA appeal failed. I have since spoken again to the retailer who at one point said they would get it cancelled but upon looking into it have now said they do not own the car park therefore have no jurisdiction over it. Any idea what he can say in reply to that? its for the Range store, st helens and the car park is owned by Care Parking Ltd, formerly Anchor Security Services Ltd. Thank you for any advice

tboo

michellearmstrong20 wrote: »

Hi,

Please can someone advise me whether my friend should appeal to POPLA

michellearmstrong20 wrote: »

Hi all, so unfortunately my POPLA appeal failed.

So who received the invoice then as you 1st state a friend then it's yours





As POPLA has failed then please read the newbie thread - post 3

Redx

CARE PARKING wont be the landowner , they are the parking company employed by either the Landowner or their Managing Agent

you need to track down the real landowner , or the egent that manages it, the ones who employed CARE PARKING in the first place

It wont be CARE or ANCHOR, it wont be THE RANGE either

it looks like its on a retail park to me, using google maps

its probably Savills or British Land or Peel Holdings or whoever

in the Beavis case, it was the British Airways Pension Fund


so far I have found THE HARDSHAW CENTRE , ST HELENS RETAIL PARK , PEASLEY CROSS RETAIL PARK ,Chalon Way Industrial Estate, Chalon Way East, St. Helens WA10 etc



you need to be a Poirot and do some super sleuthing

KeithP

I'll repeat my post from last December...

KeithP wrote: »

Have you based your forum username on your real name?

If so, you would be wise to get your username changed to something much more anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

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.