Spring Parking, Norfolk House Croydon

mezzyd

A driver parked in a permit holders car park, by reason of it being allocated as an employee space, but was outside the bay, as all bays were already occupied.

The driver’s colleague emailed to ask for a cancellation, as they thought that Spring Parking would accept this as a Client request for cancellation under the parking contract.

Unfortunately Spring Parking have taken this as an appeal, rejected it & issued a POPLA code, without the driver making any personal representation.

Does the driver now have to proceed with a POPLA appeal or do they have any other options?

Thanks for your advice, as always.

Redx

Spring should not be aware of who was driving

If the ntk arrived in the post with the keeper , then the keeper appeals , not the driver

Normally a driver stays out of these matters , keepers tend to appeal to a PPC and to Popla

So the keeper should draft a popla appeal and submit when finished

The other ideal option is a landowner complaint and cancellation

KeithP

This should be easy for you. You have already won three PoPLA appeals in the last year or so, and one of those was Spring Parking.

When are you going to work out what you are doing wrong to pick up all these tickets?

The_Deep

Spring Parking do not appear to be industry heavyweights. According to their lasted published micro accounts, their current assets over liabilities are iro of £25,000 which no doubt includes unpaid PCNs.

Nine times out of ten of 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

mezzyd

Thanks for your kind words KeithP! (Not my tickets ��)

I’m a bit concerned about timing issues as the parking event was fairly recent. Even if the POPLA appeal is left till the last minute, it would still give the operator enough time to issue a Notice to Keeper within the timescale in PoFA, if they forget to do it before the appeal is lodged (a distinct possibility as the POPLA code already issued).

In your experience, might it be possible for the operator to retract the POPLA code by telling them that the email from the colleague was not an appeal as such, rather a request for landowner cancellation?

Thanks everyone

Coupon-mad

I’m a bit concerned about timing issues as the parking event was fairly recent. Even if the POPLA appeal is left till the last minute, it would still give the operator enough time to issue a Notice to Keeper within the timescale in PoFA, if they forget to do it before the appeal is lodged

It's possible which is why we delay first appeals 25 days, then 2nd appeals until day 30 (the codes last 33 days, NOT 28!). However I have not seen a PPC with the nous to actually do this in time having been reminded by a POPLA appeal. Never.

In your experience, might it be possible for the operator to retract the POPLA code by telling them that the email from the colleague was not an appeal as such, rather a request for landowner cancellation?

No. Don't try that.

Have they issued the POPLA code to the keeper, or by mistake to the colleague?

mezzyd

The POPLA code was issued to the colleague.

Coupon-mad

Hahahaha!!

Easy win in the colleague's name then, by showing that they could not possibly have been the driver, did not at any point 'hold themselves out' as if they were the driver, and the facts are that they were neither that driver nor the keeper of the car, and Spring has issued a POPLA code to a person who cannot be held liable in law.

Then the usual other stuff from the NEWBIES thread.

All done in the colleague's name, but using YOUR email and postal address for contact.

mezzyd

Excellent, thank you so much!

mezzyd

Yes, this was an easy win, thanks again for your wise advice