Need to find a winning POPLA appeal Initial Parking

flossykazzie

Hi All
Could anybody please point in the right direction to find a winning POPLA appeal against Initial Parking for an overstay at Fistral Beach.
I do not want to mess up this chance at POPLA, I understand that it has to be many pages long and cover things like no landowner contract, Grace periods at the start and end of the parking period, and signage.
Any help and advice will be much appreciated.
Many thanks.

beamerguy

There is no such thing as "winning POPLA appeal"

You can get ideas from the POPLA decision thread on the front page

Fruitcake

Use all the template points available to you from the third post of the NEWBIES, plus succesful appeals from the PoPLA Decisions thread as already advised.

Post your draft here for checking before you submit it.

I'll post the Initial Parking contract in a mo that another poster obtained previously. 

Fruitcake

Have a look at my post from this thread by Minniesox that I posted on the 27th of August last year at 11.23 am. It includes a copy of the landowner contract, and the reasons why it has not been properly executed, not that I think a non legally qualified assessor will understand the implications.

https://forums.moneysavingexpert.com/discussion/6027099/fistral-beach-newquay-inital-parking-please-help/p5

That poster lost at PoPLA because the assessor couldn't count to 14, but then had the decision overturned following a series of complaints. 
Shortly after, Initial got their act together and started issuing PoFA compliant NTKs. You will need to check the dates on yours to see if the complied on timescales because otherwise I think it will be compliant.
If that's the case then you will need to use as many of the other template points from the NEWBIES as possible.

I hope you realise that PoPLA decisions are not binding on the motorist so nobody is required to pay if they lose at PoPLA unless a judge says so in a court case.

Umkomaas

As you opened this thread within a couple of minutes of me advising you read the NEWBIES FAQ sticky (having posted on that thread) I guess you just opened a new thread rather than follow advice (unless you managed to read the sticky in two minutes?). 

This is what I advised to your query in the NEWBIES FAQ sticky. 

Have you read this thread you have just posted on?  If so you should be well on your way to producing a POPLA appeal. But this thread is for information only, not for posting questions. Please read it, then start a new thread of your own where you will get plenty of advice and guidance. 

Coupon-mad

As the search function here is now rubbish, you could also simply Google 'moneysavingexpert Initial POPLA'.

flossykazzie

Hi All
Many thanks for your replies, I have been reading and I have a question to ask please, in the process of preparing the POPLA appeal and Point number 1, is No Evidence of Landowner Authority- the operator is put to strict proof of full compliance with the BPA Code of Practice, can links be included? I was thinking that maybe I could include the link that Fruitcake posted on 27/08/2019 at 11.23am, or maybe I thought about trying to print off the copy of the contract, scan it and attach it.
Point number 2 will be about the signage, and do I include a paragraph that payment was made on the day but ran out of time due to the queue getting out of the car park, Frustration of Contract, and Grace periods etc.
I hope I am on the right path now.  

flossykazzie

I do believe the NTK is PoFa compliant sent within the time frame, so that cannot be included in the appeal.

nosferatu1001

No, you embed anything and everything, and a link is only a back up. So you would include an excerpt of the requirement from the CoP within your appeal. Then you have a link to the real one as a backup so they can see your source. 
I dont know where youa re getting a copy of their landowner contract from - do you have it already? VERY unusual if so!
Point 2 - no, frustration of contract bears no relation to signage. SIgnage is "i couldnt have accepted a contract as i never saw a contract (sign)" - frustration is you accept there may have been a contract, but it was frustrated because of the queue to leave. You tried to leave, and in fact DID leave the parking *space* within the time, and were waiting at the exit. You would obviously cite examples where this was shown not to be a reason to issue a ticket!

Redx

As above , frustration of the contract is due to circumstances beyond your control and so the grace periods aspect covers it , clause 13 , that delays in entry and exit are not parking time !! That you did everything in your means to comply but we're stopped from doing so due to slow traffic

D_P_Dance

Could anybody please point in the right direction to find a winning POPLA appeal against Initial Parking for an overstay at Fistral Beach.

There are probably hundreds of Fistral Beach PCNs  on here, but you have to look for them.  Start here,

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, 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, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

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.