Grounds for appeal?

Cherry63

My husband has been issued with a PCN while collecting our daughter from work on a retail park when her own car had a flat tyre. Although he never left the car, she had a staff meeting that ran over so was waiting for 30 mins.
We appealed the PCN providing our daughter's Contract of Employment and stating she could get confirmation from her Manager that she was at work on the day in question and was detained beyond the allotted time.
The Appeal was unsurprisingly refused but our issue is that we do not believe the appeal was properly considered. Firstly we were asked to provide our Parking Permit for the vehicle (which, had they read the appeal, they would know we didn't have) and then they rejected the appeal saying that our claim that the signage was not visible was not accepted. Our Appeal never mentioned signage! In fact, it was almost as if they had never even read it because none of the points I raised were ever referred to.
I now have the opportunity to appeal to POPLA but would appreciate opinions on whether the fact that we did not receive a relevant response to our initial appeal are grounds for such an appeal? Although we do not deny that my husband was there waiting for our daughter, we will feel aggrieved to simply accept the charge without having received a response of any relevance our claiml!

Ralph-y

Hi, and welcome to the forum .....


you will have several appeal points that you can research by reading through the newbies thread ...


https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou


This thread will show you that your appeal was doomed to fail whatever you had written.


" In fact, it was almost as if they had never even read it because none of the points I raised were ever referred to."


why would they bother reading it ?


they only want your £££



You will all so soon learn all about the national disgrace that is parking on private land .... and complain to your MP ... as legislation is currently in the 'other place' (House of Lords) underway to outlaw such



who is the PPC ?


have you complained to the car park / retail park management / owners / landlord ?




Ralph:cool:

Guys_Dad

You could certainly include the fact that they obviously didn't consider your appeal and gave you a robo-rejection, but you need to get other information to construct a decent appeal.

Read the last few pages of the POPLA DECISIONS thread at top of this forum to see what you need to get a result.

Cherry63

Thank you for your reply. I have heard horror stories about these parking companies but this is the first time I've come across it first-hand. The company in question is CP Plus. I am going to research management for the retail park and complain to them but wondered what people's experience of POPLA was? Maybe an appeal to them isn't worth my time - especially considering I will then have to pay CP Plus £100 as opposed to the £50 I have to pay if I do so promptly!!

KeithP

Why are you considering paying anything?

A PoPLA decision is not binding on the motorist.

Go for the MSE 100% discount.

The_Deep

It is a scam, do not pay a penny unless a judge orders you to. PoLPA is a curates egg, but, if you have the PPC bang to rights, you are likely to win.

It is the will of Parliament that these scammers, (very often former clampers), be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Coupon-mad

Did you actually state who parked/was driving? Think hard, did you actually say who was driving, or just said (I hope) that 'WE did this and the passenger was delayed so WE don't see why WE should pay'?

Presumably you have now read the NEWBIES thread and realised that CP Plus would have folded at first appeal stage, had you used the template appeal from the sticky thread (they always do).

I hope you dodged a bullet by NOT saying who was driving, as CP Plus do not use POFA wording and could NEVER have held the recipient of their Notice liable...unless the appeal blabbed about the driver.

Did the right person appeal? The Registered keeper? Please don't say the PCN was addressed to the keeper, but the driver replied.