One Parking Solution - Notice to Keeper / PCN

Scrapit

oscard said:

So no surprises... I'm appealing to POPLA - just received the standard rejection
Thank you for your appeal received on xx/xx/2020 regarding the above detailed Parking Charge Notice. We have reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the evidence gathered by the operative at the time of the event and any relevant mitigating circumstances you have supplied with your appeal. We are writing to inform you that your appeal has been unsuccessful. Your vehicle was not parked in accordance with the terms and conditions on site, and you have not provided sufficient evidence to show otherwise.
At the time of contravention the vehicle was not authorised to park on site as they were not given pre-authorisation by One Parking Solution prior to parking on site. When parking on private land it is the motorists responsibility to ensure that they park in accordance with the terms and conditions displayed on site. There are numerous signs on site, parking is not for Co-op customers. You parked, made use of the facilities, entered the on site Co-op store before returning to your vehicle with purchase(s). You parked in front of two signs advising parking is not for Co-op customers - residents use only, which I have attached for your reference. There are numerous signs on site. 
We find this parking charge to be issued correctly and we are therefore unable to cancel the Parking Charge Notice. We must advise you that once the discounted settlement rate (If Applicable) passes it will not be offered again. You have now reached the end of our internal appeals procedure. You may now either pay the amount due OR appeal further with POPLA. If you still believe that the Parking Charge Notice (PCN) was issued incorrectly, then there is an independent appeals service called POPLA (Parking on Private Land Appeals) and you can submit an appeal to them online using the following link POPLA and entering the ten digit verification code at the top of this page to authenticate your appeal. This code is valid for 28 days from the date your appeal is declined. Please note, that should you choose to use the POPLA service, you will no longer be entitled to pay the lower rate of the charge. By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.
If you are not appealing to POPLA you are now required to make a payment of £60 to reach us by 

I'll begin the search for the best POPLA appeal template... the battle goes on

Be aware popla are delaying judgements currently, they also delay in telling you this.

oscard

Does that have an impact on my appeal though? If they are delayed I just have to wait for their response to be sent?

Umkomaas

oscard said:

Does that have an impact on my appeal though? If they are delayed I just have to wait for their response to be sent?

If you read the POPLA website, it explains it there. 

Coupon-mad

You can put in a holding (short) appeal if you wish. 

I told you what to include in my last reply, and that's in addtion to the usual templates in post #3 of there NEWBIES thread.  There is no searching needed.  Show us the draft you come up with using the usual templates plus my suggestion, and make sure you embed photos of the sign forbidding Co-op customers to park, and not any other photo.  

I am astonished anyone would drive in there though, and decide that it is OK.  Why park in a private car park, it's clearly not the Co-op one.  And you picked a noasty, litigious parking firm. 

Always read car park signs in future, and just make it a rule that you will not use a private residents' car park to go to a different place.

oscard

Thanks. I was going to look for an appeal from 2017 onwards as suggested.
I'll start drafting my appeal.

oscard

Hi All, 
Just a quick question.  Is the minimum grace period now minimum of 5 mins (previously it was 10 mins)? Does that make some of the points from the POPLA appeal template re: 1) Consideration and Grace Periods: BPA Code of Practice–non-compliance null and void?

Thanks 

Ralph-y

if/was the event pre the change in the BPA cop?   if so then the above question is answered....

Ralph

nosferatu1001

Yes the grace period has been reduced. No, by definition as there is still a grace period the argument is not null and void. In addition, you can introduce the transcript of a judge stating the reading speed is 200-300 words a minute if the signs are lengthy as a lengthy sign takes longer to read and so this MUST be taken into account. Hang POPLA out to dry if they think they can contradtict a judge...

Coupon-mad

I wrote some POPLA appeal wording last month about the 5 minutes new farce and how to explain to POPLA how crap it is.

Umkomaas

The latest Hansard from yesterday's debate suggests a 10-minute grace period to be pretty well fixed in MPs' minds. Could be quoted to a Judge if the PPC is arguing (the impossible) 5 minutes that the BPA shamefully changed in their Code of Practice to meet the demands of their PPC members. 

https://hansard.parliament.uk/Commons/2020-06-02/debates/C12105C5-6E8E-4679-BD42-ED9345270F7A/PrivateCarParks