Failed appeal

qudutiyds

Hi MSE’s
I got a PCN from a BPA member and I appealed straight away (should have read the forum, lesson learned). Obviously the appeal was rejected. Do I still have grounds to use the missing NTK defence if I appeal to POPLA? I am not the registered keeper but implied that I was the driver in the appeal. It is now day 12 since the PCN and 1 day since the appeal was rejected. 

Any helpful advice would be greatly appreciated. Thanks!

Coupon-mad

Do I still have grounds to use the missing NTK defence if I appeal to POPLA?

No, not if you said you were driving.  They don't need to send one.

Which PPC and which car park and what happened?

qudutiyds

I thought that might be the case. The PPC is P4, and I was parked at a friends house with a permit but was late getting back. I was hoping that they would be reasonable if I appealed since the car park was pretty much empty apart from me and the parking is free with a permit but sadly not. I don’t know whether POPLA would be any more understanding either sadly 

Coupon-mad

Who cares, you won't be paying even if you lose at POPLA.  They DO NOT consider mitigation.

If you haven't got that set in your mind yet then you haven't read enough P4Parking or POPLA threads yet.

Also the NEWBIES thread gives you POPLA templates.

Redx

Neither P4 nor Popla are or will be understanding about the appeal , not on mitigation or common sense

They only care about the rules and laws that apply

It is extremely rare for anyone to have an appeal accepted on an understanding option , or mitigation , it's almost unheard of

Save those for the plan A landowner complaint

qudutiyds

The Plan A landowner complaint just got me an apology unfortunately. Thank you both for your advice! 

D_P_Dance

Have you read this?

http://parking-prankster.blogspot.com/2016/11/residential-parking.htmlantsot

What does your friend's lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

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, and an independent appeals service will be set up,


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/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

qudutiyds said:

The Plan A landowner complaint just got me an apology unfortunately. Thank you both for your advice! 

OK so if you have exhausted that avenue with the managers who run the whole site (have you?) then crack on with using the 3rd post of the NEWBIES thread where a few POPLA template points are listed. 

DO NOT write a POPLA appeal in your own words about the story of what happened.

DO NOT PAY THE PARKING CHARGE EVEN IF YOU LOSE AT POPLA.

qudutiyds

I have tried to get in touch with the management company (I spoke to the concierge before) and attempted to find the landowner too (not much success here) - I will let you know if I hear back from them. Otherwise will pursue the POPLA route. 

I don’t think I will have any joy with the lease because my friend is renting the flat through a letting agent but I will ask. Thanks!

Umkomaas

I was hoping that they would be reasonable if I appealed since the car park was pretty much empty apart from me and the parking is free with a permit but sadly not. 

Issuing PCNs provides their income. The fact that the car park was pretty much empty is irrelevant. It's a bit like a quiet time at work, would you willingly forego your wages on the basis you did little that day if your employer asked you?  I suspect that might be your answer!

Coupon-mad

I don’t think I will have any joy with the lease because my friend is renting the flat through a letting agent 

So he has a tenancy agreement but POPLA are useless at taking primacy of contract into account.