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Unfair Parking Charge Notice - Appeal Denied

24

Comments

  • Hi,

    Here is the template I am planning to use for my POPLA appeal:

    https://drive.google.com/file/d/1AuVk3lcla_hYxlhxWDjX1YmGv7dcJSry/view?usp=sharing
  • Thank you, are there any land owner templates anywhere? Do they have the power to cancel the ticket? Should I be asking them to do so? Also we can't find the receipt, which may complicate things :/
  • Fruitcake
    Fruitcake Posts: 59,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That appeal is far too short and doesn't include many of the points a PoPLA appeal should contain from post 3 of the NEWBIES.
    The Template Inadequate Signage point is longer than the whole of your brief appeal above.

    Please ask a board guide to delete or merge your other thread. Meanwhile please make the edits I suggested on that thread.

    Only post on one thread (this one). It is also easier for the regulars if you post the text of your appeal here instead of a link elsewhere. Flitting between two websites makes things harder for everyone.
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  • Thanks I've completed the actions as suggested. I'm compiling the full letter based on the templates using the following sections and will paste here in full when it is complete:

    1. The entrance signs are inadequately positioned and lit and signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself
    2. No Evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
    3. The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge
    4. Grace Period: BPA Code of Practice– non-compliance
    5. No Evidence of Period Parked – NtK does not meet PoFA2012 requirements
    6. Vehicle Images contained in PCN: BPA Code of Practice – non-compliance
    7. The ANPR System is Neither Reliable nor Accurate
    8. The Signs Fail to Transparently Warn Drivers of what the ANPR Data will be used for

    "No Keeper Liability " does not seem to apply as they have sent me a NTK.

    Should I avoid using "3. The operator has not shown..."? Because of the reason you mentioned, also because my appeal may have made it (incorrectly) sound as though I was the driver when it stated

    "If there had been adequate signage, then I would have seen this condition and would have made sure not to exceed the time limit." - which I think is from the MSE template
  • Umkomaas
    Umkomaas Posts: 44,376 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Aldi Coulsdon
    If the PCN was incurred at an Aldi store what have you done to complain to the store? If you were a genuine customer on the day, Aldi/PE PCNs are among the easiest to get cancelled.

    But once you engage PE in the POPLA appeals process, they will dig their heels in and won't cancel unless POPLA tells them to - you'll have to hit the right nails squarely on the head to get a POPLA cancellation.

    Lose at POPLA and you'll be open to further hassle and harassment from PE. However, if it is an Aldi only car park (as opposed to a larger retail park where Aldi are just one of the retailers) it's unlikely to lead to a court case against you (we believe that Aldi have refused permission to PE to authorise them to sue Aldi's customers).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • I've emailed ALDI customer service, but they've not replied yet, I can't see them replying before 27th December, which is the deadline for submitting my POPLA appeal. I don't know that they will cancel it, as the driver paid cash at the store and no longer has the receipt. Will they be able to cancel it after the 27th December?

    Which is the better bet, wait for ALDI to get back and hope they take my word that the driver was a customer, or submit the POPLA appeal before 27th December?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Popla codes last 32 days or so

    Do not miss the deadline , so Friday this week , due to weekends and bank holidays etc , even if Aldi agent replied

    Once the deadline is missed , you cannot get popla to deal with it

    After that it's harassment etc a mentioned above

    So no missing the popla deadline
  • Le_Kirk
    Le_Kirk Posts: 26,280 Forumite
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    Why not go to the top? [EMAIL="gmd.cs@aldi.co.uk"]gmd.cs@aldi.co.uk[/EMAIL]
  • Coupon-mad
    Coupon-mad Posts: 161,195 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You have 33 days (ideally 32) to use a POPLA code. Not 28 days, so stop panicking.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • thanks Le_Kirk, I've emailed them too

    Redx, is it really 32 days?

    According to https://popla.co.uk/faqs-and-advice

    How much time do I have to submit my appeal?
    We must receive your appeal within 28 days from the date of the operator’s notice of rejection. The date the operator sent the rejection to you will be on the appeal form.

    The appeal rejection was dated 29th November, so I calculate that 27th December is my last chance to submit POPLA appeal

    Hopefully (but unlikely I fear) ALDI will get back to me before 27th Dec, but wither way, I'm writing up a POPLA appeal
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