Euro Car Parks Popla appeal

unknown_user

Hi,

I'm looking for some advice on how to draft an appeal to popla.

NTK posted out to home address of Keeper..
PCN is saying P&D permit purchased did not cover the date and time of parking.

Paid for 1 hours parking in Newcastle/Sainsbury on a busy High Street.

I've appealed to Sainsburys and they could not help, as the Car park is not owed by Sainsburys but land is by ECP.

ANPR clocked car entering at 15:17 and leaving at 16:45.
On rejection letter ECP have provided photo of car entering and leaving the car park date/time stamped.
Car park is free from 16.30 Mon Fri and it was a Fri the vehicle was parked.
Ticket was purchased 5 minutes after at 15:23
Leaving at 16.45 so technically it was 7 minutes over.

I appealed to ECP using a template on here under the newbies thread and it got rejected.
It stated an overstay of 28 minutes but the are counting time from car entered and exited not car parked time when ticket was purchased..

I have a popla code and ready to appeal

Can I appeal just on Grace period alone and mention 2 kids in the car, queue to find a parent and child space, time to buy a ticket, walk back to the car, load shopping into the car and queue to exit the car park? Surely this all takes 6 or 7 minutes max 10 minutes. By this time 16.30 the car park is free yet ECP are calculating an overstay.

Can someone provide me with a ECP Popla template or point me in the right direction.

Redx

Ecp won't own that land , it will be a private owner or equity firm or pension fund or similar

Popla appeals are bespoke , so find a close match for an alleged overstay , like Initial or Parking Eye or Smart Parking etc , and adapt it

Use any and all appeal points

Grace periods , clause #13 of the BPA Cop
No landowner authority
Poor and inadequate signage
Any POFA failures
Any BPA Cop failures

Etc

As many as you can , culled from other popla appeals , not just grace periods

Make sure you add the 2 grace periods , one before the ticket was purchased , which is the start of the parking time , at the pdt machine , one at the end of 10 or more minutes to exit a busy car park

The_Deep

Have you read the PoPLA deciions thread at the top of the page?

What has the number of juvenile passengers present to do with anything? No mitigation will work and you need to appeal everything, throw in the kitchen sink.

Signage is a sine qua non, as are lndowner authority timeliness and wording of the sruff they send yo, compliance with POFA etc.

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

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

unknown_user

Thanks for the responses.

I went and found the company who are a property management company for the land and after an appeal to them they have contacted ecp to cancel the PCN.

Got cancelled for reason of good will, no apology or nothing..This once is another case closed.

I am still tempted to send the popla appeal in, any thoughts on that?

Redx

Won't matter if the PCN is cancelled

So if it has been cancelled at source , what do you expect a popla appeal to achieve ?

KeithP

Why would you bother to send a PoPLA appeal if ECP have cancelled the PCN?

Do you have written confirmation of that cancellation?

Umkomaas

I am still tempted to send the popla appeal in, any thoughts on that?

And should POPLA find against you, that might just spur ECP to reawaken their interest in you!

Should you win at POPLA, how much further on does that position you?

When you have a chance of getting out of a hole, why on earth would you keep on digging?

Jeez, this stuff is hard enough to get out of without chancing your arm and potentially make it a whole lot more complicated. Your thought processes are deserting you! :doh:

unknown_user

Yeah I have an email from the Parking management company.

I am sure I read somewhere on this forum about sending in a Popla even know the PCN has been cancelled, so it wasn't my idea. Anyway I am more than happy to let it rest and move on,

Thanks Redx for the tip on the land owner as that got me thinking outside the box,