POPLA appeal

bacon1097

I have received a parking ticket from a car park in the centre of Bournemouth. Even after purchasing the ticket and displaying it on my dashboard, I was issued a parking ticket. The parking ticket bought states my number plate and the time which covers the time of which the parking ticket was issued to me. Looks like the parking warden did not bother to look properly for the ticket as it was behind the pillar of the windscreen but still able to be seen from an angle.
The parking ticket was not placed there purposely but instead blown to the side since I left the window a little open.

I appealed to BritPark but they declined the appeal after 20 days of waiting which does not seem right as I did buy the parking ticket and with proof of number plate, date and time then it should not be a problem to accept the appeal.

I know that POPLA appeals should be based on many grounds but I haven't done one of these before and wondering if I can get any guidance at all.

I feel like with proof of purchase of the ticket, it should be enough for a POPLA appeal but I haven't seen any grounds I can base my argument on. The standard grounds could be used to appeal on such as Burden of Proof, Genuine pre-estimate of loss and Authority to Issue tickets but what ground could I stand on for actually prooving that I bought the ticket and it was not my fault that the parking warden did not look properly for the displayed ticket.

Any help is very much appreciated, thank you millions for your time and effort.

Redx

you wont find GENUINE PRE-ESTIMATE of loss in any popla appeal over the last 2.25 years, not since BEAVIS lost at the Supreme Court

having a ticket wont win a popla appeal

to win a popla appeal you must win on a legal technicality, for example

NO LANDOWNER CONTRACT
POOR AND INADEQUATE SIGNAGE
POFA2012 failures
any NTK failures
the KEEPER is not liable
ANPR ISSUES
BPA CoP FAILURES
etc

see post #3 of the NEWBIES FAQ sticky thread for inspiration

also start at the end of the POPLA DECISIONS thread and work backwards, looking for winning popla appeals and adapt one, but only look at anything from 2018, nothing older


BRITPARK had 35 days under the BPA CoP to accept or reject your appeal and its been that way in the BPA CoP for over 6 years

KeithP

bacon1097 wrote: »

I know that POPLA appeals should be based on many grounds but I haven't done one of these before and wondering if I can get any guidance at all.

Of course you can.

The best place to find this guidance is in post #3 of the NEWBIES FAQ sticky thread.

fisherjim

In addition to the above advice you seem to have missed the fact that you are dealing with nothing but greedy scammers in an unregulated industry.


POPLA are the puppets of their paymasters the BPA, who are the puppets of their paymasters the PPC's the one thing that won't win you an appeal is using what happened on the day arguments.

bacon1097

Stand on a legal technicality is understood, I am going through the post now but I cannot see anything on having paid for a ticket as they are based on cases where tickets have no been bought, and they are still fighting their case. Does this mean I do not include that fact at all even if I am standing on legal grounds? Wouldn't it benefit my case if I include the purchase of the ticket somewhere in the argument?

Umkomaas

You can add it in to your appeal, but it's not the showstopper you're seeking. But you have to be very, very careful how you word it so as you don't inadvertently identify the driver. But you may have already blown some toes off (PoFA 2012 Keeper Protection) in your initial appeal if you penned it yourself. Let us see what you said, because that may well influence how we advise you on developing your POPLA appeal.

I appealed to BritPark but they declined the appeal after 20 days of waiting

They have, by the way, 35 days in which to respond, you had a much swifter response than most.

Here's a salutary lesson on loose words in an initial appeal - culminating in a loss at POPLA:

https://forums.moneysavingexpert.com/showpost.php?p=75251781&postcount=72

Select words from the POPLA Assessor's decision.

I now turn to the appellant’s grounds of appeal to determine if they make a material difference to the validity of the parking charge notice. I acknowledge the appellant states that there is no factual evidence that he was the driver and the appeal was made by him as the owner. However, in the appeal to the operator the appellant stated, “I have paid for my duration please see payment reference…in my account the warden has given me a PCN 20 minutes after parking”, I am satisfied after reviewing his appeal that this is sufficient to confirm that the appellant was the driver. The liability for any PCN issued lies with the driver of the vehicle on the date of the parking event. PoFA 2012 sets out the requirements that must be met in order for a parking operator to transfer liability from the driver to the keeper, where the driver cannot be identified. In this case, I am satisfied the driver has been identified, therefore the operator is not seeking to rely on PoFA 2012 to transfer liability as it has identified the driver. As such, PoFA 2012 does not apply in this case, and there is no requirement for the PCN to comply with the acts requirements.

Redx

bacon1097 wrote: »

Stand on a legal technicality is understood, I am going through the post now but I cannot see anything on having paid for a ticket as they are based on cases where tickets have no been bought, and they are still fighting their case. Does this mean I do not include that fact at all even if I am standing on legal grounds? Wouldn't it benefit my case if I include the purchase of the ticket somewhere in the argument?

as Umkomaas stated above, depends how it is worded and depends if the person who appealed foolishly told them who was driving

a keeper would mention that an occupant of the vehicle purchased a valid ticket and here is a copy of it, as part of their popla appeal

standing on legal grounds about the purchase of a ticket may well be good for the defendant if this gets to your local court, within 6 years

on the other hand, people who used to buy and pay for "road tax" used to get a penalty for not displaying the tax disc correctly, especially if it had fallen into the footwell. the fact that the tax was up to date and fully paid on the vehicle made no difference to the offence of "failure to display"

think about it