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**I need help** Brittania Car park fine

135

Comments

  • System
    System Posts: 178,377 Community Admin
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    Oh and as for the named keeper they already sent out a letter with his name on it just can't prove who was driving at the time of the contravension
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    He'll correct me if I'm wrong, but I think Ralph meant to say:
    you really need to make sure as advised above to not ever name the driver ....

    ;)
  • System
    System Posts: 178,377 Community Admin
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    Hi guys a bit embarrassing but I was away for a bit looking after my father but I need to draft up my popla letter to. Reading sticky 3 is excellent and I have some sort of idea just don't know how to start it or write it up. Is there a template out there and does it need to be around the 26 pages mark? Thankyou to all who have responded
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  • Umkomaas
    Umkomaas Posts: 43,890 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If the POPLA Code was generated on 23/11/18 (as per your earlier post) you (or more specifically your father) are perilously close to the POPLA deadline. You need to crack on with the POPLA appeal, or there's 6 years of potential hassle ahead for you.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • System
    System Posts: 178,377 Community Admin
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    I understand....any pointers on how to start it off or a template out there? Sorry about this ...oh and they said grace time was 10 mins and thr car park is by a high street at peak traffic times could i argue that i was waiting for a clear exit thsg possibly resulted in me tsking extra 4 mins to exit as the exit is literally next to the road?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Umkomaas
    Umkomaas Posts: 43,890 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Template appeal points can be found in the NEWBIES FAQ sticky, post #3. They are separate ones, not all joined together in one whole POPLA appeal - you need to mix and match, to suit your own case.

    Do a search on other recent (last 3 months or so) 'Britannia POPLA' (keywords to use) appeals and see what you can glean from them.

    HOW TO USE THE FORUM SEARCH FUNCTION:

    Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

    Let us see a draft of your appeal, and if anyone is available they might offer some further guidance. But please be aware that it is the height of the winter holiday season and of late there has only been a very small number of regulars visiting the forum.

    You have your work cut out.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 20 December 2018 at 5:56PM
    Ohwhyohwhy wrote: »
    oh and they said grace time was 10 mins and thr car park is by a high street at peak traffic times could i argue that i was waiting for a clear exit thsg possibly resulted in me tsking extra 4 mins to exit as the exit is literally next to the road?

    Yes, you can use this in your section about grace periods. But go careful, no panicking and do not identify the driver. For example: 'the driver was delayed while waiting for a clear exit at peak traffic time as the exit is next to the busy road'.

    Check out the British Parking Association Code of Practice which make it clear that grace periods should exceed the 10 minutes as there should be an additional grace period at the end of the parking time. It's section 13 that you should look at. Good to quote from it in the appeal.
  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    https://www.dropbox.com/s/0i4ugc4egpn92ke/Appeal_stage2_POPLA_ECP_draft5.docx?dl=0

    I've copied someone's draft/template and changed a few things is that one good?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 20 December 2018 at 11:37PM
    One important point about the comment referencing figure 1, you identify the driver by using a pronoun. That needs changing ASAP. Always refer to them as the driver. Check through to make sure you do so throughout.

    You can be more definite too. So if it was the case that the driver did have to wait for a safe exit, simply state: 'the ANPR could not tell that the driver was waiting for a safe exit' rather than 'if they were waiting'.
  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    The last day of the fine going up is in 30 minute unless I got a leg to stand on and win I think I'll just pay it it'll be easier
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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