PCN appeal query

Mister_Pedro

Hi, I've put an appeal in for my PCN's from ParkingEye (PE), there were a few, I was not the driver. The driver used my car to park in a hospital disabled parking area, they did not leave the vehicle or purchase a ticket. I have not given details of the driver.

For the PCN appeal I pasted the template appeal for BPA member. Before I sent the off the online PCN PE appeal a window popped up asking me to state that I would not be allowing any evidence to be submitted at a later date, it would not allow me any option but to click that I would not submit later. I could not at the time submit evidence but I can now.

My PCN on the reverse quoted PE v Beavis (2015) UKSC 67.

ParkingEye sent me an emailed reply for each of the PCN's (even though the template says no emails, post only) telling me my appeal was unsuccessful and that I would have to appeal via POPLA, no evidence whatsoever was supplied.

Do I now send evidence which would be a surgical operation letter from the a Hospital and photographic proof of the operations aftermath which has prevented me from driving before the PCN's and since? I could not deal with paperwork post op to see I had received the PCN's hence receiving multiple repeat offending.

Or do I submit them only to the POPLA appeal?

I'm not sure, I don't want to infringe my PE appeal and subsequent POPLA appeal.

Redx

the issues you talk about should be taken up with PALS and get them to cancel the charges (ie:- not PE and not POPLA either)


start drafting the POPLA appeal based on post #3 of the NEWBIES FAQ sticky thread, just in case you need to submit one for each failed PE appeal pcn


dont miss the POPLA deadlines for all these appeals, which are based on legal arguments, not what happened on the day


a PALS cancellation is still the best option and should have been done asap after the pcn,s arrived, based on these princoples


https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles


which hospital was this ?

KeithP

If PE have refused your appeals, then your next step is to appeal to PoPLA.

Time for you to read post #3 of the NEWBIES FAQ sticky thread which will guide you through the process of creating a winning appeal.

At the same time you should complain to PALS at the hospital.

Mister_Pedro

Freeman Hospital, Newcastle upon Tyne

Coupon-mad

I would say do a PALS complaint FIRST as they can cancel P/E PCNs in minutes. But if you try POPLA first or at the same time, P/E will refuse to cancel even if PALS/the Hospital asks as P/E will pretend and bleat that it is ''too late as POPLA costs them money''.

POPLA codes last 30+ days so put POPLA on the back burner for mid December - and go for PALS now (Google it).

If you do end up trying POPLA in the end in 28 days time, DO NOT write an appeal on mitigating circumstances with evidence of an operation. NONONO, that is not how to win at POPLA.

Mister_Pedro

thanks for the replies,

my understanding and navigation of this legal terminology and website is very limited.

reading through all the POPLA appeals content is well beyond my understating at the moment.

I have found the PALs via google search. Am I right in thinking that "write an appeal on mitigating circumstances with evidence of an operation" is the base for my the PALS appeal as evidence for myself not been the driver?

Coupon-mad

You are not making a PALS appeal.

You are phoning them up to complain, and demand the PCNs are cancelled.

MistyZ

You can talk to PALS in human to human mode, mitigating circumstances most definitely apply when making a complaint to them. But be clear and assert that these charges must be cancelled as they occurred due to circumstances entirely beyond your control. Don't give them wriggle room.

At first I felt overwhelmed by all the information and guidance about POPLA. You've got time to let it sink in though I understand that may be dependant on your state of health currently. Give it a go if possible. I read randomly at first to get a feeling for it, then became more purposeful once it stopped scaring me. However the land management company cancelled the PCN so what may have been a state of the art POPLA appeal (in my dreams!) went to waste.