Help with POPLA appeal

Sequester

Hello all.

First post as I have had a parking charge notice and this seems like a great place for help and advice.
It was a private car park next to a hospital that the car was parked but not in the hospital grounds, the driver paid for three hours but ended up sixteen minutes over according to the cameras. The template on this forum was used to appeal to Premier Park themselves which was obviously rejected and now they have sent an email giving two options, either appeal to POPLA or pay.
So any help or advice about what grounds there is for an appeal or what to put in the appeal would be very much appreciated.

Thanks.

Sign.



Sign on pretty much every lamp post.


Letter.

Fruitcake

Use all the template appeal points available to your from the third post of the NEWBIES. That NTK looks non-PoFA compliant to me, so no keeper liability should be point 1.

Post your draft here for checking before you submit it.

The 50p charge for all payments is prohibited. It also takes it over the maximum allowed by the PoFA and is contrary to the Beavis case.

Umkomaas

Let's have a look at the full NtK redacted of personal/VRM/PPC reference numbers, but leaving the dates showing. Front and back please. 

Fruitcake

The 50p charge should be reported to Steve Clarke at the BPA. Include a copy of the signs in your complaint.

Sequester

Fruitcake said:

Use all the template appeal points available to your from the third post of the NEWBIES. That NTK looks non-PoFA compliant to me, so no keeper liability should be point 1.

Post your draft here for checking before you submit it.

The 50p charge for all payments is prohibited. It also takes it over the maximum allowed by the PoFA and is contrary to the Beavis case.

Thank you. I will be sure to post the draft here.

Umkomaas said:

Let's have a look at the full NtK redacted of personal/VRM/PPC reference numbers, but leaving the dates showing. Front and back please. 

Will do. Thanks.

Sequester

Umkomaas said:

Let's have a look at the full NtK redacted of personal/VRM/PPC reference numbers, but leaving the dates showing. Front and back please. 

Is this okay?

Umkomaas

Thanks. That's as PoFA compliant as necessary. 

D_P_Dance

That sign in the first post is horrendous, more suitable to commissioning an aircraft carrier than parking one's car for an hour or two.

IMO it is very likely that, if shown to a judge, he/she would dismiss the case forthwith, 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.

Coupon-mad

Any scope to complain to the landowner first?  It's just that PP contest and win many POPLA appeals, and a landowner complaint is an easy way to get out of the issue, but normally only pre-POPLA (i.e complain FIRST).

Also, the grace period has changed down to a poxy 5 minutes (BPA take a bow...) so POPLA will no doubt rush to start applying that as if it's OK for the BPA to suddenly half the minimum grace period after all these years then pretend the new CoP has 'the motorist at the heart of our thinking'.

Sequester

D_P_Dance said:

That sign in the first post is horrendous, more suitable to commissioning an aircraft carrier than parking one's car for an hour or two.

IMO it is very likely that, if shown to a judge, he/she would dismiss the case forthwith, read this,

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

Does the driver buying a ticket affect the grounds for complaint regarding signage? Is purchasing a ticket considered evidence of a contract?

I will try with the local MP. Thanks.

Coupon-mad said:

Any scope to complain to the landowner first?  It's just that PP contest and win many POPLA appeals, an a landownr complaint is an easy way to get out of the issue, but normally only pre-POPLA (i.e complain FIRST).

Also, the grace period has changed down to a poxy 5 minutes (BPA take a bow...) so POPLA will no doubt rush to start applying that as if it's OK for the BPA to suddenly half the minimum grace period after all these years then pretend the new CoP has 'the motorist at the heart of our thinking'.

I've emailed the hospital to see if they own the land or if they know who does, so we'll see how that goes.

Is it worth including grace period into the POPLA appeal? Given that it's been reduced.

Also, do POPLA take personal circumstances into account?

Thank you both for your help.

Coupon-mad

Is it worth including grace period into the POPLA appeal? Given that it's been reduced.

Yes and I posted an example of what I put in such a case I submitted for someone this week - it's in the POPLA Update thread by @BrownTrout

Also, do POPLA take personal circumstances into account?

Nope.