POPLA appeal re LPS

wulfrunian

Hi
I've been doing my best to read up on what to do re an appeal but would very much appreciate a pointer or two.
The vehicle I'm keeper of was issued with a Parking Charge Notice by LPS for parking on a road signed as being private - it is outside a doctor's surgery and leads to Stratford-upon-Avon Hospital. Previously it was possible to park on this road but signs now say this isn't the case.n They say 'Private Road. No Parking at Any Time. £85 Parking Charge Notice' in the large print. My understanding is that these were obscured when the vehicle was parked by other vehicles.
I have written to LPS and have received seven photographs and details of how to appeal to POPLA.
I would very much welcome some guidance on the basis for this appeal. I realise that the details may be findable elsewhere but it's really difficult to locate the information and time is very short at the minute!
Thank you very much in advance.
Wulfrunian

Umkomaas

How to construct a detailed POPLA appeal, with almost ready-to-go template appeal points, is contained in the NEWBIES FAQ sticky, post #3.

Please let us see exactly what you said in your initial appeal.

wulfrunian

I posted the wording from the forum, viz

Re PCN number 000XXXXXXX:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date with evidence that these were not obscured and were clearly visible

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

*KEEPER'S NAME AND ADDRESS*

Umkomaas

That's good, as long as you didn't alter it in any way, you won't have blown off any of your toes!

wulfrunian

Should I post their response here?

I just find it really difficult to navigate the site and work out how best to appeal. It seems to me here that a) the signage was obscured and with no road markings there was no way of knowing that parking wasn't allowed b) there is no way of proving this as clearly one does not take pictures each time one parks. The pictures sent by LPS show an unobscured view of the signs.

The_Deep

Have you read this? Does it apply? If so, have they complied?

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, it can cause the scammer extra costs and work.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

Ralph-y

"I just find it really difficult to navigate the site and work out how best to appeal."


are you using a phone to browse ?



if so then a PC/laptop will improve matters ...


Ralph:cool:

waamo

Navigating on a phone is a nightmare. The forum is old and creaking so is designed for larger devices.

Love the username by the way.

wulfrunian

Hi - no, I'm using a desktop computer. What I mean is I find it difficult to ascertain what the basis of the appeal should be. Is it worth my posting their reply on here?
Wolves ay we!

Le_Kirk

If you are doing a POPLA appeal then just go to NEWBIE sticky post # 3 and use all the "usual" points, failing POFA (if it did), signage, no landowner authority, change of terms and conditions that were not made clear for long term users.

Ralph-y

this may help



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Ralph:cool: