Help! Popla appeal

BAdolly

Hi ...
I am new to this forum on this site and have read extensively many of the stories and advice for fighting PCN issued by Premier Park, in particular the full info of Discogod who has appealed about the same car park in Melton Mowbray only a few months ago.

I have until 2359 hours on 12 Jan 2020 to get my POPLA appeal in.

Quite simply, stayed an hour at the Nottingham street CP and paid the associated amount at the machine and displayed the ticket (I still have the ticket)
Received a PCN within 14 days saying I had stayed for 62 minutes but not paid at all.
Completed their online appeal - rejected.
Now have POPLA code ... their argument stated that because I hadn’t entered full reg number and ANPR the computer hadn’t picked it up.

My argument is simply ... the CP had a maximum of 5 cars in it that day and ticket matches the times of said offence and shows first 4 letters and numbers of reg plate, showing I paid and I have the original ticket. I didn’t over stay, park outside a bay etc BUT I MADE A PAYMENT which common sense would show if for said vehicle, using their times, time printed on ticket and fee paid ...

Have obviously missed the date to pay the reduced cost of £30 as I paid for the parking and now need to be successful in my POPLA appeal.

All help, advice, links etc greatly received ASAP.
THANK YOU 🙏🏼

The_Deep

Many judges regard these wrong/incomplete VRN claims as de minimis, a waste of court time, read this

https://en.wikipedia.org/wiki/De_minimis

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

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][/FONT]

Fruitcake

Appeal using all the template points available to you from post 3 of the NEWBIES.
PoPLA have said in one of their reports that a minor VRM typo should not result in a PCN being issued.

Complain to the BPA that this was a minor typo caused by their faulty machine and therefore the scammers should never have requested keeper details or issued a PCN.

Complain to your MP about this unregulated scam.

BAdolly

So are you saying that I should stick to my guns and if it gets to court, don’t worry as will probably never get there or be thrown out?

I confess I am worries! ☹️😬

BAdolly

Fruitcake wrote: »

Appeal using all the template points available to you from post 3 of the NEWBIES.
PoPLA have said in one of their reports that a minor VRM typo should not result in a PCN being issued.

Complain to the BPA that this was a minor typo caused by their faulty machine and therefore the scammers should never have requested keeper details or issued a PCN.

Complain to your MP about this unregulated scam.

So to confirm, I should say that the machine failed to print out the full reg on the ticket?

The_Deep

BAdolly wrote: »

So are you saying that I should stick to my guns and if it gets to court, don’t worry as will probably never get there or be thrown out?

Precisely that.

BAdolly

The_Deep wrote: »

Precisely that.

Thank you! I appreciate your quick responses and support.

I like to think ahead and plan ... so if my POPLA appeal is rejected ... I do not pay the £100 and wait, yes?

If I receive court proceedings, do I go along with it or do what exactly?

Thank you 🙏🏼

Fruitcake

Only you can decide if you want to pay a bunch of scammers or do a PoPLA appeal.
Did you reveal the driver's identity in the initial appeal?
Have you had a look at the PoPLA appeal points you could use yet to see if you think you have a good chance of winning?
Was the NTK PoFA compliant for a start as that is an easy win if it wasn't?

A PoPLA decision is not binding on the motorist if they lose, but CEL do take people to court. Properly defended by following the information on here gives you a good chance of a win, but worst case it would cost about £175-£200 if you lost.

What happened when you complained to the landowner?

Have you complained to your MP yet about this unregulated scam?

BAdolly

Fruitcake wrote: »

Only you can decide if you want to pay a bunch of scammers or do a PoPLA appeal.
Did you reveal the driver's identity in the initial appeal?
Have you had a look at the PoPLA appeal points you could use yet to see if you think you have a good chance of winning?
Was the NTK PoFA compliant for a start as that is an easy win if it wasn't?

A PoPLA decision is not binding on the motorist if they lose, but CEL do take people to court. Properly defended by following the information on here gives you a good chance of a win, but worst case it would cost about £175-£200 if you lost.

What happened when you complained to the landowner?

Have you complained to your MP yet about this unregulated scam?

Obviously I don’t want to pay as I believe it is a racket and I have my crusader head on, however don’t want to be stupid and end up paying them more money. Catch 22!

The vehicle in question is registered to a business so I have continued to just use the business name and not revealed anything as advised on here.

I need to look at POPLA points in more detail TBH ...

What kind of things would I be looking for under POFA? Have attempted to read threads on here but very confusing I am afraid for me ... although I have tried before posting. 👍🏼

Haven’t complained to land owner as after subsequent research on here I found someone else on here who posted lots of detail re same CP and seems is owned by a company who has the SAME directors as PP. QUESTIONABLE

Will complain to MP but concentrating on the deadline of POPLA

Fruitcake

A lot depends on how the vehicle is registered and used.
Being used on business is different to it being used by an individual using it in their spare time.

If it gets to court and defended as a business then that is done at the court chosen by the claimant.
If defended as an individual then it is at a court chosen by the defendant.

You are nowhere near that yet so yes, concentrate on PoPLA.

If the NTK arrived in time then look for failures to use the PoFA wording. Compare the NTK and PoFA side by side, line by line for this.
Post the (redacted) NTK if you want us to have a look. I'm also one of the few regulars who take PMs in certain circumstances. I'm sure others will vouch for me, but there is no problem with showing anything here as long as nothing personal is showing.

Other points would normally include,
Not the landowner
No standing to issue charges or court claims in their own name
BPA CoP failures
Inadequate signage
Anything else relevant.

BAdolly

Fruitcake wrote: »

A lot depends on how the vehicle is registered and used.
Being used on business is different to it being used by an individual using it in their spare time.

If it gets to court and defended as a business then that is done at the court chosen by the claimant.
If defended as an individual then it is at a court chosen by the defendant.

You are nowhere near that yet so yes, concentrate on PoPLA.

If the NTK arrived in time then look for failures to use the PoFA wording. Compare the NTK and PoFA side by side, line by line for this.
Post the (redacted) NTK if you want us to have a look. I'm also one of the few regulars who take PMs in certain circumstances. I'm sure others will vouch for me, but there is no problem with showing anything here as long as nothing personal is showing.

Other points would normally include,
Not the landowner
No standing to issue charges or court claims in their own name
BPA CoP failures
Inadequate signage
Anything else relevant.

Ok thanks ... I am overseas at the moment so would be a delay in posting it on here ... but early next week should be back ...