First Parking Lpp

Coupon-mad

It'll have been the standard forum template paragraphs. BrownTrout isn't a student!

BrownTrout

Coupon-mad wrote: »

It'll have been the standard forum template paragraphs. BrownTrout isn't a student!

Student of life really !:)

BrownTrout

teeanem wrote: »

Thank you Brown Trout. We're you a permit holder at the time? Have you a copy of your appeal to popla?

My appeal was this, I dont however recommend you do this

*The operator has no contract with the landowner to issued parking charges*

Just use the normal one though.

teeanem

Thank you, a student of life, at the university of hard knocks!

teeanem

Well, I started the POPLA appeal process through their website, and couldn't register the appeal verification code. The site kept telling me the appeal had already been lodged. I phoned POPLA, and it appears someone else has used my verification code. So they've sent me a postal appeal form.
Basically, my appeal is based on 1- any the contract between F1rst Parking and University of Nottingham
2- The signs aren't detailed enough. ie they dont identify which type of permit is valid or not and 3- The driver believed the permit displayed allowed parking in the area where it was parked.
Please can i have some advice as to whether my draft appeal is ok.
As the registered keeper of the vehicle, registration number xxxx xxx at the time of the incident, I wish to appeal against the parking charge issued by F1rst Parking LLP.

My appeal is based on the following grounds.

1. No breach of contract.

2. Unclear and non-compliant signage, forming no contract with drivers.
3. The driver believed they were not breaching any regulations.


To expand on these points:

1. No breach of contract .
As the keeper of the vehicle, I applied for, and was issued with a parking permit by the parking representatives at the University of Nottingham. I had to pay an annual fee for that parking permit.
Included in the appeal rejection letter from F1rst Parking LPP, ‘As an orange zone permit holder you were issued with guidance that clearly states you must only park in identified orange zone areas and the onus is upon you to ensure that you do not breach that guidance. In Section 6 (a) of our traffic regulations it states ‘permits will allow a vehicle to park in the zone indicated by the permit’, in this case orange zone. The regulations Section 7 (ii) also state that it is a contravention of the regulations ‘to park a vehicle otherwise than in accordance with the terms of a current parking permit’.
This is not the case. No guidance was provided by the issuer, nor was any contract or agreement signed. I believe the onus is on the F1rst Parking LLP to prove any breach of guidance. However, guidance is not a contract, by its definition, guidance is help and advice about something.

2. Contract with landowner - no locus standi
F1rst Parking LLP do not own nor have any interest or assignment of title of the land in question. As such, I do not believe that F1rst Parking LLP has the necessary legal capacity to enter into a contract with a driver of a vehicle parking at the university, or indeed to allege a breach of contract.

3. Unclear and non-compliant signage, forming no contract with drivers.
Due to their position and the barely legible size of the small print, the signs in this car park are very hard to read.
As already stated, the vehicle was displaying a parking permit as issued by University of Nottingham. I contend that the signs and any core parking terms that F1rst Parking LLP are relying upon were unclear, and they were not detailed enough.
The signs state ‘Authorised Permit Holders’ & ‘Restricted Authorised Parking only’ . There is no detail on the sign as to what type of permit is required to park in the area concerned.
The driver believed that as they were displaying an in date parking permit, it would be compliant with the signs.

Based on the above arguments, I therefore respectfully request that my appeal is upheld and the charge dismissed."

KeithP

Is that the result of three weeks work?

That looks nothing like the example appeal points in post #3 of the NEWBIES thread.

You need to start moving fast now - there is a deadline for submitting a PoPLA appeal.

teeanem

i know about the deadline, issues have taken over here. POPLA said that they will accept a late appeal due to someone else using our code.
I assume i need more detail in the appeal. I was trying to keep it simple!

Coupon-mad

Exhausting the Parking Office/University complaint must come first. Are there any options to escalate the complaint, if so, do them now.

POPLA said that they will accept a late appeal due to someone else using our code.

How long have you got? COMPLAIN TO THE UNI AGAIN, ONE MORE TIME, FIRST.

teeanem

POPLA said I should return the form within 10 days of receipt, which will be 10/5/19. I queried it with there being a bank holiday, ut they said thats taken into account. I received the original rejection letter from F1rst on 8/4/19. i unfortunately couldn't get hold of the right person at the uni, but will try to visit next week.

Coupon-mad

But you are not returning a form - or have they said you must do it by post because you have no working POPLA code? Maybe you must use the post to POPLA after all?

YOU MUST talk to the Uni on Tuesday and stay on the phone. This is NOT OK, it is unacceptable that students are put through this misery and registered keepers are seen as fair game for huge penalties.