POPLA appeal - parking in England, living in Scotland

inyaendo

Can I please confirm the best thing to do now regarding my POPLA appeal with Parking Eye?
I need to respond to the evidence within a week (by tomorrow!)
I overstayed the 2 hours at a motorway services because I needed to sleep. I've stated that although the keeper of the car I may not have been the driver at the time. I've also argued that the signs are not noticeable enough in the dark (their evidence shows no night-time views) and that motorway services shouldn't have these fines.
Parking Eye traced me to my new address in Scotland through a credit agency. I knew nothing of the fine until 2 months after the event. DVLA have my updated address now but obviously gave Parking Eye my old address.
My belief is that PE had no right to track me down through a credit agency according to the Protection of Freedoms Act. Is that correct? Can I still argue that I didn't receive the notice within 14 days?
I know that keeper liability rules are different for parking charges given in Scotland, but where do I stand if the parking charge was in England but I am now a Scottish resident?
Any advice on how to word my Popla appeal would be much appreciated!
Many thanks.

Coupon-mad

Any advice on how to word my Popla appeal would be much appreciated!

Too late if you are already at comments stage, you already appealed and can't change it:

I need to respond to the evidence within a week (by tomorrow!)

It's never a week, it's six days then the comments window closes.

My belief is that PE had no right to track me down through a credit agency according to the Protection of Freedoms Act. Is that correct?

No.

Can I still argue that I didn't receive the notice within 14 days?

Not if you didn't put that in your POPLA appeal.

What did you put?

inyaendo

I put that I don't recall who was driving my car at the time and that I was not informed of the incident until 2 months later.
I added a complaint about the imposition of the charges at service stations being dangerous practice for tired drivers, and the lack of clarity of the signs.

Coupon-mad

So if the appeal comments window IS still open, do it now.

Remind POPLA that the PCN arrived too late and that the driver has never been identified, so they cannot hold you liable and the PCN was not properly given.

Then a brief comment re the signage evidence, without implying who parked.

inyaendo

I've done as you suggested. Many thanks for your help.

inyaendo

SUCCESS!
Part of my appeal pointed out that my car entered the car park at night and there was not sufficient lighting on the signs. Here is POPLA's decision:

'The operator has provided photographic evidence of the signage at the car park. This includes a site map showing the locations of the signage. However, as the above requirements are applicable at all times of day, including the night, I would expect operators to ensure its signage is adequately lit so they are noticeable to drivers during dark hours. Having reviewed this evidence, I am not satisfied the operator has demonstrated that it meets the above requirements and is adequate to notify motorists of the parking terms. I note the signs do not appear to be attached to, or located next to, any street lighting. As such, I conclude that the PCN has been issued correctly. Accordingly, I must allow this appeal. I note other grounds of appeal have been raised, however as the appeal has been allowed there is no need to discuss any further grounds of appeal.'

Le_Kirk

As such, I conclude that the PCN has been issued correctly.

I hope they meant incorrectly! However, that does not detract from your success, well done.

inyaendo

I hope they meant incorrectly!

Yes, I assume that was a typo! Thanks.

Umkomaas

inyaendo wrote: »

Yes, I assume that was a typo! Thanks.

Possibly not a typo, more likely a lazy copy and paste from a template.