Fistral beach - POPLA appeal

kitchensink1

I’ve recently received a PCN-NtK from Initial Parking. I’ve appealed using the newbies template, but this was rejected and I am now moving on to the next stage and appealing to POPLA.

I’m in the process of compiling all the information to support my appeal, like photos etc and will probably need help before submitting. In the meantime though, I’m looking for some further advice that may or may not support my case.

The PCN received was incorrectly addressed. It has my middle and last name, but no mention of my first name. I probably should have questioned this before sending my first appeal, but didn’t really think about it until now. Is this a valid point to be raised with POPLA?

Many thanks for any help provided.

KeithP

Check your vehicle's Registration Document. Is your name correct on there?

Anyway, it doesn't make any difference if it clearly identifies you.

kitchensink1

Yes it’s correct on the vehicle reg doc. Ok no problem, thought I’d ask in case there was some loophole.

Many thanks

The_Deep

How long did it take you to fins a space? How long was the overstay? Read this

https://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

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

kitchensink1

A ticket was purchased for 3 hours and the PCN was issued for an overstay of 19 mins 56 seconds, which includes 7 mins of looking for a space. So I’m guessing I can appeal stating the grace period?

Fruitcake

kitchensink1 wrote: »

A ticket was purchased for 3 hours and the PCN was issued for an overstay of 19 mins 56 seconds, which includes 7 mins of looking for a space. So I’m guessing I can appeal stating the grace period?

Grace periods, plural, one at the beginning and one at the end. Split the visit up into

initial grace period - driving in, looking for a space, reading signage.
parking period
grace period 2 after the end of the parking period, driving out, negotiating traffic and pedestrians before leaving site.

Quote the two parts of the BPA CoP that refers to grace periods and give time periods, for example, driving in etcetera before parking period 13 min, driving out after parking period 7 mins, or similar.

However, please have a look at post 48 of this thread and make, "no landowner contract" point 1 of your appeal.

https://forums.moneysavingexpert.com/discussion/6027099/fistral-beach-newquay-inital-parking-please-help&page=3

This will help us greatly as a win on this point will read across to other cases.

Have you checked if the NTK is PoFA compliant as this would be point 2 if it wasn't.

Coupon-mad

You need a POPLA split grace periods* appeal, and at NO POINT should any of your appeal mention the phrase '19 minutes'.


* search the forum

The_Deep

How long did it take you to find a space? If they use ANPR this is important, please reply.

kitchensink1

It was either 7 or 9 mins looking for a space. I can’t be 100% sure on the exact timing, as the ticket is not in our procession to check.

The NtK is PoFA compliant

kitchensink1

I’m struggling to find a POPLA grace periods appeal in the forums. Are you able to point me in the right direction please?

Fruitcake

kitchensink1 wrote: »

I’m struggling to find a POPLA grace periods appeal in the forums. Are you able to point me in the right direction please?

Post 3 of the NEWBIES has at least one that refers to two grace periods.