Euro Car Parks Norwich - POPLA - Rejected 1st Appeal - Help

D_P_Dance

so I have no idea where to find the MP

Google n Have you read the sytickies/newbies?

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 in some cases, cancellation.

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.

Coupon-mad

Your deadline for POPLA is actually day 33, that's how long a POPLA code actually lasts as they add 5 days for post/service but PPCs don't tell you that (nor do POPLA!).

The only photo I would use is the first one and the last one, and re that first one you would be saying that this is the only sign with obvious large bold writing and yet it says nothing about £100.  Don't use the others, just that last view showing the car park is not prominently covered by contractual terms signs in view, at all.

Fruitcake

life4life said:

Any advices about the parking signs? 

I also got this. 

I wouldn't worry too much about the signs at this stage. You have a much stronger appeal point to use against them at PoPLA.

1)     The NTK was originally sent to the hire company who then forwarded it to you. That original NTK was not PoFA compliant as the wording where they referred to para 9 of the PoFA was incorrect meaning that they could not hold the hire company liable for the charge even if they (the hire company) followed the rest of the PoFA requirements.

2)     You appealed the original NTK as hirer. Brilliant, this is exactly what you should have done. 

3)     The PPC rejected your appeal and provided a PoPLA code on the 6th of March. They did NOT issue a NTH which they should have done if they wanted to rely on the strict requirements of the PoFA 2012. No NTH at all means a win at PoPLA for you as long as you don't reveal the driver's identity at any point.

4)     The PPC then sent a reminder confirming your appeal had been rejected and confirmed the PoPLA code on the 11th of March. Still no sign of a NTH, which is good news.

You have a PoPLA code so use it. Use all the template points available to you from the third post of the NEWBNIES plus other hire/lease car PoPLA appeals you were advised to go and read.

Make "no NTH" point 1 of your appeal. Refer the PoPLA assesor to paras 13 and 14 of Schedule 4 of the PoFA 2012 and quote the relevant parts, and state since no NTH was ever received, the PPC has failed the strict requirments of the PoFA.

Make "no copies of the hire documents etcetera naming the hirer received" point 2. Again quote the relevant parts of the PoFA where they have failed.

Mention that the original NTK to the hire company was not PoFA compliant because they failed to quote the relevant parts of para 9 of the PoFA. Quote the words the PPC used beginning "if after 29 days …" then quote the actual words from the PoFA where it says "28 days beginning with the day after …" Point out that that their version gives a different date for the NTK to be given (rceived) than that quoted in the PoFA.

Next comes "Not the landowner" followed by "No standing (no valid contract) to issue chargs in their own name".

Next put any BPA CoP failures such as not following the PoFA and not issuing a a NTH.

Put Inadequate signage last. Use the long signage point from the third post of the NEWBIES and just show a couple of the signs that are high up on poles or a long way from where the car was allegedly parked. If they haven't got a picture of where the car was parked then they have no idea if it was in a dark corner or the nearest signs were hidden behind a large van, or damaged, or hidden by foliage.

Post your draft appeal here for checking before you submit it.
Do not rush. Yo want to get past the point where the PPC should have issued a NTH before you submit your appeal.

Note that PoPLA codes last about 32 days, but don't leave it to the last minute.

life4life

Super! Thank you guys!
Will pull together a draft tomorrow and I will upload it here to be reviewed!
Have a nice weekend!

largenose

Hi life4life,

I've had a PCN from the exact same car park recently. I submitted a POPLA appeal, mainly based on their terrible signage and lost unfortunately.

See the thread here for more detail: https://forums.moneysavingexpert.com/discussion/6096853/euro-car-parks-popla-appeal-rebuttal-of-evidence/p1

Good luck with your appeal. 

life4life

largenose said:

Hi life4life,

I've had a PCN from the exact same car park recently. I submitted a POPLA appeal, mainly based on their terrible signage and lost unfortunately.

See the thread here for more detail: https://forums.moneysavingexpert.com/discussion/6096853/euro-car-parks-popla-appeal-rebuttal-of-evidence/p1

Good luck with your appeal. 

Hi! Could you post the template used so maybe we can tweak it and increase the chance to win? Would be super appreciated!!! However, if you lost, is not a good sign for my appeal...

Ps. Today the hiring company took the administration fee for the PCN (£40) from my bank account... 

Fruitcake

life4life said:

largenose said:

Hi life4life,

I've had a PCN from the exact same car park recently. I submitted a POPLA appeal, mainly based on their terrible signage and lost unfortunately.

See the thread here for more detail: https://forums.moneysavingexpert.com/discussion/6096853/euro-car-parks-popla-appeal-rebuttal-of-evidence/p1

Good luck with your appeal. 

Hi! Could you post the template used so maybe we can tweak it and increase the chance to win? Would be super appreciated!!! However, if you lost, is not a good sign for my appeal...

Ps. Today the hiring company took the administration fee for the PCN (£40) from my bank account... 

Your case is about a hire car and so is completely different and in any case you don't want to use an appeal that failed.


You really need to create your own PoPLA appeal with non PoFA compliant NTH as point 1 as I mentioned earlier. I told you over a week ago what you need to put in your appeal, so how far have you got with it so far?

Coupon-mad

A hire car case is almost impossible to lose at POPLA and is nothing like other ones.

life4life

I started reading some of them... I will post mine in few days, 1-2 days max! 
With the virus has been everything a bit crazy!!! 

MistyZ

Signage is hardly ever adequate, it hardly ever meets the guidelines.  When writing your signage section, check out the ready-made POPLA signage section on the Newbies' thread and critique the signs in the light of the guidelines.  

When parking a car, motorists cannot be expected to search the car park for the clearest signs.  And therefore you do not have to include photos of any signs which may be relatively clear in a POPLA appeal.  

As has been said, the main thing here is that this is a hire car appeal.  Write the best possible section about the PoFA paragraphs 13 & 14 failings and post it here.  That is what should win the appeal.

And then get to grips with your signage section - personally I'd find that car park confusing.  But take this one step at a time.