POPLA appeal - PE

mazdamad

Afternoon all
I have a POPLA appeal to make and have read through the sticky and put together an appeal. Just for circumstantial info, this was a PCN sent through the post to the keeper by ParkingEye. The circumstances are that the vehicle was on a private car park for 11 minutes and 47 seconds. The PCN was not a "golden ticket" due to the POFA 2012 paragraph on the back. Any other info required I can edit this first post. POPLA appeal first draft is in the 2nd post of this thread. 

Thanks in advance for all the help!

Coupon-mad

Do you have a dashcam, or Google location (phone) to prove the car wasn't there over ten mins (we doubt it was)?

mazdamad

Took me a while but I've uploaded the appeal as a PDF to the link below:
https://www.filehosting.org/file/details/846622/POPLA%20APPEAL.pdf
Hopefully it works!

mazdamad

Coupon-mad said:

Do you have a dashcam, or Google location (phone) to prove the car wasn't there over ten mins (we doubt it was)?

Unfortunately neither of them to help support the case. 

D_P_Dance

Read this, they have lost a couple of claims recently on signage,

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

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.

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.

mazdamad

The signs from that thread are identical to the ones in this case and also high up. Unfortunately I can't go take pictures as the site is nowhere near me. Can I use a screenshot from Google Street view as evidence of the unreadable signage? The only issue is it is quite blurry or can I use the images from that thread as an example in the signage section of my appeal?

MistyZ

I know computers differ, but I find screenshots from Google Street View are clear.  Maybe try again?  Why not get more than one, the more the merrier if they support your case.  They are fine in POPLA appeals.

mazdamad

MistyZ said:

I know computers differ, but I find screenshots from Google Street View are clear.  Maybe try again?  Why not get more than one, the more the merrier if they support your case.  They are fine in POPLA appeals.

I will try again and see if I can get any decent ones into the appeal. As far as the appeal wording in post #3 so far is it ok or do I need to add/remove or change anything to improve it at the moment? Thanks again

Coupon-mad

I won't be downloading a link and others will say the same.
Copy & paste the POPLA appeal here. 

If you've used the usual template appeal points from the NEWBIES thread (and we hope you have) feel free to remove, say, the standard full wording for the purposes of not showing us a ludicrously long POPLA appeal template we've seen before & just put 'this section is the unclear signs template from the NEWBIES thread' and 'this section is the no landowner authority template from the NEWBIES thread' etc.

We don't want to see the template wording in full.  We want to see how you are covering the apparent 'fact' that the car was in the car park for 11 minutes and why this was reasonable, due to the size of car park, how dark it was, how busy it was, how unclear the signs were, how potholed the car park is to drive slowly round, etc.

mazdamad

Coupon-mad said:

I won't be downloading a link and others will say the same.
Copy & paste the POPLA appeal here. 

If you've used the usual template appeal points from the NEWBIES thread (and we hope you have) feel free to remove, say, the standard full wording for the purposes of not showing us a ludicrously long POPLA appeal template we've seen before & just put 'this section is the unclear signs template from the NEWBIES thread' and 'this section is the no landowner authority template from the NEWBIES thread' etc.

We don't want to see the template wording in full.  We want to see how you are covering the apparent 'fact' that the car was in the car park for 11 minutes and why this was reasonable, due to the size of car park, how dark it was, how busy it was, how unclear the signs were, how potholed the car park is to drive slowly round, etc.

Ok no problem, I will adjust the wording of the time period and then copy and paste the relevant changed sections here. A bit later on today.

D_P_Dance

Have you asked PE for a subject access request?    They will send you copies of the signs and a judge will surely take your word as to their height.  T