Appeal to POPLA - Guidance

timtymski

Hi, I have read the Newbies section but somehow got lost and can't find information on the POPLA appeal???

I have been issued a notice to Keeper by Euro Car Parks. (15 min free parking)

The car park is on a BP Petrol Station premises and no one could reasonably assume that part of it is a pay and display car park + the signage was super small on a lampost - so when you're in the car you would not be able to see it and once you're out of the car you would miss it.

I appealed and got rejected of course as expected.

The situation was this:

Driver arrived at the petrol station, filled up, paid and then had to wait for 3 minutes before someone had finished up vaccuming their car and then started vacumming the car in the designated area - this area couldn't possibly be part of the car park it was used by the driver previously with no PCN.

Driver finished vacuuming, moved the car for another customer and parked in the space next to it which was the Euro Car Park zone, was there for 5 minutes and left. So in total, the car was there for no more than 8 minutes.

The parking charge notice, however, counted the whole time the car was at the petrol station - surely that is not fair and there aren't any pictures of the car itself but just a number plate on a dark background! What an effective way for them to make money from PCNs!!!

So what do I have to do next, how do I structure my appeal with POPLA?

Any help or link would be much appreciated!

Thanks

Fruitcake

Did you gave away the driver's identity when you appealed like you have in your opening post here? That cannot not now be helped if you have, but if not you need to urgently amend your post above and only refer to The Driver and The Keeper.

What happened when you complained to the petrol station manager?

Read post 3 of the NEWBIES then create a PoPLA appeal using all available template points you will find there.
Post your draft here for checking before you submit it.

What is the alleged offence?

How long was the vehicle on site?

Umkomaas

What did the garage say when you complained as a genuine customer who throughout the stay on site was availing him/herself of (and paying for) the services offered by the garage? No other reason to be there.

MistyZ

Fruitcake wrote: »

What a shame you gave away the driver's identity. Never mind, that cannot not now be helped.

Am I missing something? Couldn't see any indication that you gave away the driver's identity in the appeal. Though going by the way you reveal it right, left & centre in your post that does seem likely. Caution in this regard is required all the way through the process, including on forums.

Complaining to the garage is an excellent idea. This was a genuine customer using the facilities for quite a short period. The PPCs will be charging for breathing air allegedly managed by them at this rate. Email a complaint to the manager straight away outlining the circumstances and insisting in no uncertain terms that the charge be cancelled. (But refer to 'we' and / or 'the driver').

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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.

Fruitcake

MistyZ wrote: »

Am I missing something? Couldn't see any indication that you gave away the driver's identity in the appeal. Though going by the way you reveal it right, left & centre in your post that does seem likely. Caution in this regard is required all the way through the process, including on forums.

Complaining to the garage is an excellent idea. This was a genuine customer using the facilities for quite a short period. The PPCs will be charging for breathing air allegedly managed by them at this rate. Email a complaint to the manager straight away outlining the circumstances and insisting in no uncertain terms that the charge be cancelled. (But refer to 'we' and / or 'the driver').

You are right, the OP might not have revealed the driver's identity in their appeal. I hope not, but as you say the driver's identity is currently available for the whole virtual world to see now.
I will amend my post accordingly.

timtymski

Probably kind of blew it with revealing driver's identity - a lesson for the future. Does that mean that I will automatically lose the appeal now? What are the implications?

13:26:20 - 14:07:07 - around 40 minutes in total.

I have not yet complained to the garage but I'm planning to do so ASAP and will keep you updated.

Thanks all for your comments, I will refer to section 3 on the Newbies post.

Fruitcake

You will automatically lose the appeal if you don't appeal, or don't appeal properly. The PoPLA decision is not binding on the motorist, but all this information is already in the NEWBIES.

Getting this cancelled by a complaint to the petrol station manager is the best option.
Beating the scammers at PoPLA is the next best option.

Why think like a loser? You have been advised where to get your PoPLA appeal information so that is what you should be concentrating on now.

timtymski

Alright, thanks for your help!

Coupon-mad

Do the complaint this week, BEFORE even starting POPLA (codes keep for 32 days).