Popla appeal against first parking

Sensodyne

Afternoon,
I have received a NTK from First Parking which I would like to appeal with Popla. 
I have not disclosed the driver to First Parking during their appeals process.
The car was parked on a grass verge at Keele University in a way which doesn't obstruct other vehicles. It was parked like this due to there being no other parking space on campus and there was no other way for the driver to get to the university let alone the seminar in good time. 
I have read through the Popla section on newbies and I'm not sure which template would apply to me.
Any guidance would be much appreciated. 

 

D_P_Dance

Which universities have been approved?  read this

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

That sign is far too wordy imo, the £100 is far too small, it must stand out, (sewe the ATA's Code of Practice), the print is too small, too may different sizes, and probably too high..  Motorists are not commissioning an aircraft carrier, read this

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

Fruitcake

That's three PCNs now for the same location. You really are having bad luck.

Use all the points from the third post of the NEWBIES that are relevant. This would normally include,

Not the landowner
No standing (no valid contract) to issue charges in their own name.
Inadequate signage
Non PoFA compliant NTK. The one in your other thread appears to be non PoFA complaint so hopefully this one will be as well. If that is the case then it should be point 1.
BPA CoP failures
Anything else relevant.

Please confirm the NTK is non PoFA complaint.
Get pics of the site and signage. 

Sensodyne

The driver's just tryna get to their classes 

Their NTK's are all the same so if that one wasn't then this one 100% isn't either. 

Just to be 100% clear, does the wording on the NTK have to be EXACT for it to be compliant? For example theirs;
NTK: 'If after 29 days from the date given (Which is presumed to be the second working day after the Date issued)
Para 8(2)(f): '...at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given'

Coupon-mad

If you go to a Uni where F1rst parking operate, DO NOT park on a roadway or grass verge or out of a bay.  Just drive back out again and tell the Uni why you missed your lecture. 

Not joking.  STOP ATTRACTING PRIVATE PARKING CHARGES.  You will be sued and your life will be a misery, until you eventually win in court.  Who needs any of that stress?  

This will do more damage to your health and wealth than you can afford.  Do not park that way.  When Uni starts up again, stop parking like that even if you miss seminars or are late.  And tell all the staff who will listen that the scum parking firm are the problem.

That NTK wording is OK, and an argument saying it's not, won't win at POPLA.  
I am not telling you to pay.  Just look after yourself and your car and data and think about the issue and avoid it.  Stop putting yourself in this horrible position.

Sensodyne

Good news! Thanks to everyone who replied as the appeal worked

Thank you for submitting your parking charge Appeal to POPLA.

 An Appeal has been opened with the reference xxxxxxxxxx.

 First Parking - EW have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

D_P_Dance said:

That sign is far too wordy imo, the £100 is far too small, it must stand out, (sewe the ATA's Code of Practice), the print is too small, too may different sizes, and probably too high..  Motorists are not commissioning an aircraft carrier, read this

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

This got me thinking and actually got me going in the appeal as the signage wasn't even present at the entrance, let alone the charge being reasonably visible to a driver while in the vehicle. I strongly believe they couldn't be asked to send an operator to disprove this. 

Fruitcake said:

I used all of these points in my appeal

Not the landowner
Inadequate signage
BPA CoP failures
Anything else relevant. - Also pointed out that they could not identify the driver. 

Coupon-mad said:

Not joking.  STOP ATTRACTING PRIVATE PARKING CHARGES.  You will be sued and your life will be a misery, until you eventually win in court.  Who needs any of that stress?  

You're completely right.  Next academic year I will try my hardest to make sure you don't hear from me again 

Luckily this appeal worked and I don't have to worry anymore. 

To the people replying to everyone's posts, thank you very much for your constant support and words of wisdom. We really need more people like you in this world.

 

Umkomaas

Well done. Wow, that was some turnaround - just a few days.  Are you now clear of all PCNs?

Sensodyne

Umkomaas said:

  Are you now clear of all PCNs?

No but the other two are really dumb, I didn't know about this thread at the time so I kind of ignored them (now realising that was also dumb) They'd have to be extra brave to take me to court for them. (1. forgetting to put my permit out but showing it at the initial appeal. 2. not having coins and shops not giving out change till 2 hours later, which is how long I stayed anyway while still paying for a 2 hour ticket before I left) 

Umkomaas

Sensodyne said:

Umkomaas said:

  Are you now clear of all PCNs?

No but the other two are really dumb, I didn't know about this thread at the time so I kind of ignored them (now realising that was also dumb) They'd have to be extra brave to take me to court for them. (1. forgetting to put my permit out but showing it at the initial appeal. 2. not having coins and shops not giving out change till 2 hours later, which is how long I stayed anyway while still paying for a 2 hour ticket before I left) 

Sorry, but that sounds a bit complacent. Much will depend on the litigation profile of the PPC(s). Who are they?

Sensodyne

Umkomaas said:

Sorry, but that sounds a bit complacent.

Yeah it does, I’m just gonna have to see what happens at this point. 

Much will depend on the litigation profile of the PPC(s). Who are they? 

First Parking LLP

Umkomaas

Sensodyne said:

Umkomaas said:

Sorry, but that sounds a bit complacent.

Yeah it does, I’m just gonna have to see what happens at this point. 

Much will depend on the litigation profile of the PPC(s). Who are they? 

First Parking LLP

Not Premier Division in the litigation league. But they do have 6 years to pursue through the courts. Keep your wits about you - and if you do move address at any time in the next 6 years you must inform FP, or, if they do issue a claim to the last known address (to them), face a default judgment against you and a rather nasty CCJ.