Private Parking Ticket POPLA Appeal

Rock_Hbk

Hi everyone , 
I am new to this forum i have been reading blogs and following an advice through this forum but first time i am writing a Thread for Help .
I had a windscreen Private Parking ticket from Euro Car Parks which i had appealed using a template ( currently i can't seem to find here ) i had found in this forum but My appeal  got rejected ..Good thing is i had followed the procedure of appealing on 25 or 26 the day after receiving a windscreen PCN and i still haven't received NTK from them and its been over 56 days since PCN was issued .Now i am planning to appeal to POPLA but need more help in making my case strong 

 Dear Sir or Madam,

 Ticket number: xxxxxxx

Vehicle registration number: xxxxx

 You issued me with a parking ticket xx/xx/2020 but I believe it was unfairly issued. I will not be paying your demand for payment for the following  reasons.

  The vehicle was not parked on the land in question

You issued a ticket for supposedly breaking your parking restrictions yet the vehicle was actually parked in the land owned by different owner than what it says on sign meaning you had no authority to issue a ticket AS I BELIEVE THE SIGN DISPALYED SAYS different name of owner which was previous owner  who is no longer the owner of land and even if I wish can not get parking permit from them to display  .

 Mitigating circumstances

There are mitigating circumstances to explain why the vehicle was parked where it was and the charge should be waived for this reason. As, I am so and so  , it was raining a night before and all that but i think i have a mistake by using word ??? is that right ??

 The charge is disproportionate and not commercially justifiable

The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

In my case, the of minimum of £ 60 or £100 charge you are asking for far exceeds the cost to the landowner of  £100 per month not for a day  I therefore feel the charge you have asked for is excessive

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Above is a copy of appeal i had sent where i think i have made a mistake in second point . Rejection letter has got my register address and i had appeal through my new address where PCN was issued but it dosen't mention NTK on that ..Please advise on next step 

 

Coupon-mad

That's the terrible appeal that the MSE article gives people and frankly, it's utter rubbish.

Good thing is i had followed the procedure of appealing on 25 or 26 the day after receiving a windscreen PCN and i still haven't received NTK from them and its been over 56 days since PCN was issued .Now i am planning to appeal to POPLA but need more help in making my case strong 

You read the NEWBIES thread but didn't use the newbies appeal protecting you as keeper?

Did you choose driver or keeper in ECP's dropdown menu?

pogofish

Why didn't you use the proven and up to date resources in the Newbies Sticky..?

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, 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.

Half_way

Popla will turn down your so called appeal on the following grounds:

 Mitigating circumstances

Popla will not take mitigating circumstances into account, as soon  as this is spotted there is a high chance it will be rejected

"The charge is disproportionate and not commercially justifiableThe amount you have charged is not based upon any commercially justifiable loss to your company or the landowner."

The loss aspect has, in almost all cases been dead in the water since the Beavis case.

 The beavis case does open up plenty of other avenues to go down, but justifiable loss is not one of those

Your strongest point is on "Vehicle not parked on land in question"

"The vehicle was not parked on the land in question

You issued a ticket for supposedly breaking your parking restrictions yet the vehicle was actually parked in the land owned by different owner than what it says on sign meaning you had no authority to issue a ticket AS I BELIEVE THE SIGN DISPALYED SAYS different name of owner which was previous owner  who is no longer the owner of land and even if I wish can not get parking permit from them to display  ."

However you should not use vague terms like I  believe.

 Starting at the top:

 Whos car park was this?

What type of car park is it ( residential/retail/other??)

If its a residential site, were you parked there with the landowners permission? is this a space assigned to your  flat/house etc?

Redx

As above , two of the appeal points are irrelevant and popla will reject them out of hand , if they bother to read them knowing the content is irrelevant

Also check spelling for mistakes too

Start again using the third post of the newbies FAQ sticky thread near the top of the forum

Answer the questions about POFA compliance ? And was the driver outed or not ? (The no blabbing rule) , plus plan A of complaining to the landowner for a cancellation should be followed before any popla appeal


Typical popla appeals rely on

No landowner authority
Poor and inadequate signage
POFA failures
CRA failures
BPA CoP failures

Etc

Ralph-y

the newbies thread/discussion

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

Ralph

Fruitcake

The "official" MSE parking advice should be wiped from the face of the earth, but we are banging our collective heads against a wall in getting MSE Towers to remove it, or at lease correct it.

Euro Car Parks would have cancelled this upon seeing the template appeal in the NEWBIES if only MSE would stop meddling in things they do not understand.

Rock_Hbk

Half_way said:

Popla will turn down your so called appeal on the following grounds:

 Mitigating circumstances

Popla will not take mitigating circumstances into account, as soon  as this is spotted there is a high chance it will be rejected

"The charge is disproportionate and not commercially justifiableThe amount you have charged is not based upon any commercially justifiable loss to your company or the landowner."

The loss aspect has, in almost all cases been dead in the water since the Beavis case.

 The beavis case does open up plenty of other avenues to go down, but justifiable loss is not one of those

Your strongest point is on "Vehicle not parked on land in question"

"The vehicle was not parked on the land in question

You issued a ticket for supposedly breaking your parking restrictions yet the vehicle was actually parked in the land owned by different owner than what it says on sign meaning you had no authority to issue a ticket AS I BELIEVE THE SIGN DISPALYED SAYS different name of owner which was previous owner  who is no longer the owner of land and even if I wish can not get parking permit from them to display  ."

However you should not use vague terms like I  believe.

 Starting at the top:

 Whos car park was this?

What type of car park is it ( residential/retail/other??)

If its a residential site, were you parked there with the landowners permission? is this a space assigned to your  flat/house etc?

Hi , Below are the answers for the questions raised.
It's a residential car park .
 I didn't had landowners permission at the of contravention as we were at negotiation stage .
And yes this space is assigned for our flats..
Hope this answer can make a picture clear to get more help 

Many Thanks

Rock_Hbk

Thank you everyone for your comments and suggestions, I did tried my best to find newies forum sticky thread but can't seem to find it to start all over again .After reading everything carefully I can see I have made a mistake in making first appeal ...
I did followed  first step Plan A if complaning to landowner in this case agent who manages everything in behalf of owner but didn't had no luck ..
One more thing I need to mention here is i did was at negotiation stage for getting parking permit sorted and i was a genuine mistake from my part ...
Please if you can share a link for newbies forum sticky thread to start all again .
Thanks all for support

MistyZ

Rock_Hbk said:

Please if you can share a link for newbies forum sticky thread to start all again .

Does my antique laptop have super powers 'cos I see it every time I look at the list of threads?

Hit your back button till you get to the list of threads, the Newbies' thread is there, at the top of the list, where it lives on a permanent basis.  

Are you using a phone?  I hear that makes navigating the forum more tricky.