Premier Park Appeal at POPLA Stage

SuperGirl09

Hello everyone,

I have found myself in a situation with two appeals to write.. Should I have separate threads for each? I will just write about one for now.

I have done the initial appeal and have moved to having to submit to POPLA.

The vehicle is parked not in a bay but waiting in the car park (extremely busy and waiting for another passenger) and the ticket observation period is 1 minute, 14:18 to 14:19.

Am I right in considering writing the appeal under these points below? There is about a week left to get this written and submitted but would be grateful for some clarity. Please do let me know if more information is needed.

1. Insufficient grace period - 1 minute before issuing the PCN.

2. No landowner authority

3. Unclear/inadequate signage 

Kind Regards and thanks in advance!

Fruitcake

What happened when you complained to the landowner in each case?

If the circumstances were the same and in the same car park and you are using identical PoPLA appeals, then one thread will probably do.

If the circumstances were different then two threads would be better.

Use all the template appeal points available to you from the third post of the NEWBIES.
If the driver has not been identified then non PoFA compliant NTK should be included if keeper liability does not apply.
BPA CoP failures should also be included.


Show us your draft appeal before submitting it.

Complain to your MP about this unregulated scam.

D_P_Dance

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.

SuperGirl09

Thanks both. I realised one is POPLA and one is IAS so have done separate threads. 

In terms of approaching the landowner - could I still go to ASDA and discuss it with them? This was in December initially and the NTK arrived in Jan about a month later and then the appeal I waited the 28 days or so. 

I will also get in touch with my local MP. One was not in my constituency could I still discuss both with them?

Will revisit those again, I am a little unsure re keeper liability.

Thanks again!

Fruitcake

Discuss with ASDA? Surely you mean complain to the manager and/or CEO. If they want to retain you as a customer they will cancel it. Don't be surprised if they tell you they don't own the land. Generally they do and either they lie to fob off genuine customers or they are ignorant. 

What is the name of the PPC please?

If they refuse to cancel then shop elsewhere in future.

Was the driver's identity revealed during the initial appeal? If not then did the scammers meet the requirements of the PoFA 2012 in order to hold the keeper liable? If not then No keeper liability will be point 1 of your PoPLA appeal.

Complain to YOUR MP, although you can send a courtesy copy to the one where the alleged event took place to warn them the PPC will be affecting business in her/his area.

Coupon-mad

Asda? 

Then this one is ParkingEye. Of course you must complain to ASDA! P/Eye win most POPLA appeals then they sue people.

This cannot be the Asda one:

The vehicle is parked not in a bay but waiting in the car park (extremely busy and waiting for another passenger) and the ticket observation period is 1 minute, 14:18 to 14:19.

SuperGirl09

Hi Fruitcake, 
I didn't think I could still do that - I will go to Asda for sure. @Coupon-mad it definitely was the one issued at Asda. This was Premier Park.

Coupon-mad

Then it's not an ASDA-only car park, it's a mixed/multi retailer park and ASDA are not responsible, the managing agent/retail park are.