How to appeal a parking charge on a technicality?

Coupon-mad

MET will reject (they rarely fold) but then the keeper 100% wins this at POPLA, as long as they use the right POPLA templates from post #3 of the NEWBIES thread, including a first appeal point that points out to even the doziest POPLA Assessor, that the NTK is a non-POFA version in wording and because it arrived late.

You will win.

Johnnybravo192837

Coupon-mad, I've read your post - it's extremely informative, thanks.

What's post #3 ? Sorry, a bit of a novice. I tried to find it under your thread, but couldn't seem to locate it.

Generally speaking, the "driver X" in this case has contravened the policies of the free private car park (left the car, and never entered the customer premise, although did return within the time period stated - photos have been captured and provided in a link). Only defence I am basing this on is that it was sent late? Worried if I push further on their behalf, it may escalate further negatively for them as they'll have to pay the full charge..

are there any scenarios where the 14 day rule wouldn't be applicable (in this case)? thanks!!

Umkomaas

The number of days is irrelevant, they simply haven't supplied a PoFA compliant NtK, because it does not contain the relevant wording. Therefore, no keeper liability. Period.

Coupon-mad

Johnnybravo192837 wrote: »

Coupon-mad, I've read your post - it's extremely informative, thanks.

What's post #3 ? Sorry, a bit of a novice. I tried to find it under your thread, but couldn't seem to locate it.

As long as you are not reading the forum on a phone (please don't!) it's the third post in the NEWBIES thread.

All posts have # then a number above them, top right above each reply, like page numbers in a book. This reply is 'page' (post) #15 in your 'book' (thread).

In the NEWBIES thread the POPLA appeal templates are in the 3rd post, marked #3.

Generally speaking, the "driver X" in this case has contravened the policies of the free private car park (left the car, and never entered the customer premise, although did return within the time period stated - photos have been captured and provided in a link). Only defence I am basing this on is that it was sent late? Worried if I push further on their behalf, it may escalate further negatively for them as they'll have to pay the full charge..

Awww, calm down. The keeper 100% wins and the POFA is not a technicality, it's the law.

are there any scenarios where the 14 day rule wouldn't be applicable (in this case)? thanks!!

Yes, if a rk blabbed who was driving then the winning argument is binned.

Not going to happen, is it?

No poster here has EVER paid MET.

But not everyone has the golden ticket your rk has! However, this person did...

https://forums.moneysavingexpert.com/discussion/5992514/strange-reply-from-stage-1-appeal

Easy when you know how, do you see? They even show their POPLA appeal in full.

The keeper must ignore the reply begging for the driver's details of course, as shown. You are NOT appealing 'on the driver's behalf' BTW so DO NOT tick that box at POPLA stage:

Worried if I push further on their behalf

The keeper appeals for themselves, to POPLA. Not on anyone's behalf.

Johnnybravo192837

Thank you!! Learning something new every day... ! Found the #3! I'll spend some time looking over it. I had also received back a reply from the appeals process, and they have instantly rejected it.

If ok, can I upload / post the pictures and get seek your advice further on this? many thanks thus far! Much appreciated !!

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Johnnybravo192837

For further context, I've attached the link to the letter we received (no windscreen notice, first letter received since incident). Is this the "golden ticket" you're referring to? Or have I got it totally wrong? (it won't let me post links unfortunately, but hopefully you can use this below?)

imgur.com/a/F7eauEV[/url]

I made an appeal on behalf of "driver X" - see below

imgur.com/a/p1ouuBV[/url]

and within a day, the letter of rejection (*sigh*) came through, with stating the below:

imgur.com/a/qZOCCCS[/url]

I'm browsing through your information rich Newbie thread (amazing info!!!).. but for now, have I still got a case to push forward? Many thanks for your support!!

Coupon-mad

I've attached the link to the letter we received (no windscreen notice, first letter received since incident). Is this the "golden ticket" you're referring to?

Certainly is:

https://imgur.com/a/F7eauEV

Nice appeal:

https://imgur.com/a/p1ouuBV

I showed you how to win, you don't even need the NEWBIES thread now, due to the links I gave you to plagiarise their POPLA appeal. No work involved, dead easy!

Johnnybravo192837

Thanks Coupon-mad, appreciate you looking over it (totally treading in new territory here, so really comforting to know I'm getting some serious help!)

That's fantastic! I'm going over the link again, and if ok will post below to see what you think I should include / exclude? Thanks again for all your help!!

Johnnybravo192837

I showed you how to win, you don't even need the NEWBIES thread now, due to the links I gave you to plagiarise their POPLA appeal. No work involved, dead easy![/QUOTE]

Coupon-mad - would all of it be applicable? I've just been reading through the final letter that was sent, and it looks like only points 1 and 2 would surely be applicable for me? thanks!