Help with checking my Popla appeal.

superorange

Hello all,
I have replied with the blue template and obtained the popla code. I have only identified myself as the keeper of the vehicle. I sent the appeal to the PCN issuer on day 26 but unfortunately they did respond in time with a popla approved NTK. So I have based my popla appeal about signage and land owner compliance. I have essential used the template from post 3 of newbies thread and incorporated a bit of an example also linked in the thread. I have added pictures to prove the non compliance with BPA code of practice 18 etc.
Please could you give a bit of feedback as I am not well versed in legal vernacular. I have uploaded it as a PDF as easier with the pictures.
h t t p s : / / w w w.
dropbox.com/s/1eljzqe534p9n2j/Popla%20Appeal%20Draft%201.pdf?dl=0

There is one sign that was lit indirectly but I have not included it in my appeal as I suspect they do not have one of the sign at the time.
Thanks in advance.

Fruitcake

superorange wrote: »

Hello all,
I have replied with the blue template and obtained the popla code. I have only identified myself as the keeper of the vehicle. I sent the appeal to the PCN issuer on day 26 but unfortunately they did respond in time with a popla approved NTK. So I have based my popla appeal about signage and land owner compliance. I have essential used the template from post 3 of newbies thread and incorporated a bit of an example also linked in the thread. I have added pictures to prove the non compliance with BPA code of practice 18 etc.
Please could you give a bit of feedback as I am not well versed in legal vernacular. I have uploaded it as a PDF as easier with the pictures.
h t t p s : / / w w w.
dropbox.com/s/1eljzqe534p9n2j/Popla%20Appeal%20Draft%201.pdf?dl=0

There is one sign that was lit indirectly but I have not included it in my appeal as I suspect they do not have one of the sign at the time.
Thanks in advance.

https://www.dropbox.com/s/1eljzqe534p9n2j/Popla%20Appeal%20Draft%201.pdf?dl=0

superorange

Yes I have had to space the initial address portion otherwise it wont let me post the link. If you remove the spaces it should work.
I have spaced each character of the normal prefix for the web address to be clear!

Fruitcake

Include all pics that will help your case. Omit any that don't.

You should have a lot more appeal points than just 2. Use everything that is available from post 3 of the NEWBIES.

superorange

Thanks for the advice. I was considering adding
1. A point about this PCN constitutes a charge as I have pictures the car park is essentially empty and the evening charge is 1 pound.
2. The "evening charge" has a very very small bit underneath stating 6:00pm to 08:00am. I was going to point out "evening charge" to any reasonable person would not constitute overnight (ticket occured at 8.40pm) and can easily be misread as 8pm. Also that 24 hour clock would be clearer.

Do these sound reasonable to add?

Many Thanks

LoneStarState

It depends. You're point 2 in the post above would have to be well crafteds so as not implicate who was driving and state that as registered keeper, you visited the site after the NTK was receivedt to investigate and were disappointed and shocked at how poorly lit/signed the car park was.

You could then go on about how under further investigation you managed to find the pay station and the larger terms sign, with its ambiguous and microscopic print terms. In your view it is entirely understandable the driver did not realise there was a tariff to pay, courtesy of the wholly inadequate signage.

You could then also specify the unclear terms even if the driver had been aware of them giving the lack of clarity as to what times are actually chargeable etc etc.

The_Deep

Complain to your MP as the 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 become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .