Appeal with POPLA worth it?

mrsmortgage

We overstayed by 40 mins but they're not adding any grace period (they're counting from the moment we drove into the carpark). It was in reality about 35 mins after payment via app.  We were late because everybody decided to go to the toilet once in the car and with social distancing measures we did end up exceeding the time. I don't want to end up going to court nor pay beyond the £60 (but happy to chance it if odd on my favour). Parking company was Initial Parking. 

Le_Kirk

Did you buy a ticket or was it a free car park with a time limit?  Always worth trying POPLA if you have appealed to Initial, they have rejected your appeal and supplied a POPLA code but I am afraid that "everyone wanted to go to the toilet" will not cut it.  You need all the usual points to be found in the NEWBIE sticky third post.

mrsmortgage

I did buy a ticket and yes I do have a POPLA code. I'll read that post, Ty

MistyZ

As the Newbie's thread states, almost everyone needs to try 'Plan A' before POPLA if at all possible.  

Plan A is complaining to the landowner.  Landowner complaints are pretty much the only time that 'mitigating circumstances' are worth mentioning.  And they often result in a cancellation.  Check out the Newbies' thread and go for plan A without missing the POPLA deadline.

Umkomaas

Fistral Beach?  Plenty of recent threads about them on the forum, read them for inspiration. 

Why wouldn't you appeal to POPLA?  Presumably you have a code?  If so, the NEWBIES FAQ sticky, third post, is set up to help you build your appeal. 

We overstayed by 40 mins but they're not adding any grace period (they're counting from the moment we drove into the carpark). It was in reality about 35 mins after payment via app.

You're on thin ice trying to argue grace periods to cover 35/40 minutes unless you can itemise the out of your control delays (queues in/out of car park, busy holiday season, huge amounts of traffic, no parking bays available on entry, circling around a number of times before finding an available spot), but leave out anything to do with the queue for the loo, that won't wash.

mrsmortgage

TBF I only have mitigating circumstances that I have 4 children and one is a baby. I also had never received an "automated" parking ticket, and from using the app in other car parks always thought as long as paid and didn't overstay by much I'd be ok. Judgement /ignorance mistake on my part. 

mrsmortgage

Yes it was Fistral! So I don't think I can complain to anyone in particular. There were about 10-12 minutes that would be the initial "overstaying" before we paid. There's about 30mins of the other type of trying to get the children in the car, etc... 

Coupon-mad

Initial is always Fistral!   Do search and read some of the other threads, same as you.

Mitigation won't wash at POPLA.  Might be worth trying the usual templates in the NEWBIES THREAD 3rd post, all about POPLA.

AND - get ANGRY and GET EVEN about this scam! 

Please now make a real difference because not enough people have::

A TASK FOR SEPTEMBER:

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters and MUST GO.  Remove that layer and you remove the ‘drivers’ behind the race to court.

HOW TO DO THE SUBMISSIONS:

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives.

 

On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written! 

 

But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.

 

You have to click ‘submit’ separately for each individual clause response.

 

Some people will be caught out by this but can revisit it and add further responses up to 12 October.

 

 

Umkomaas

TBF I only have mitigating circumstances that I have 4 children and one is a baby.

Sorry if this sounds personal, it's not meant to be, but is your baby under 6 months old and are you breastfeeding him/her?  The Equality Act 2010 requires service providers (and I'm not sure what 'service' any PPC provides!) to offer a reasonable adjustment for those with an underlying need - and breastfeeding mothers come into that category. 

mrsmortgage

No, baby was 10 months. I do still breastfeed him and had to change his nappy (which caused part of the delay) . Would I need to prove how old is the baby? 

Umkomaas

Would I need to prove how old is the baby? 

Not really, I've never seen anyone being asked for that - you're a 'breastfeeding mother of an infant' and go from there. 

But, I must warn you that while the EA 2010 does provide some protection, it's unlikely to sway POPLA (who put their head in the sand when it comes to making decisions where they need to interpret the law - yes, I know!) rather leaving that job to a Judge, should it get that far. 

But throwing it into the appeal might cause Initial Parking to think very hard about issuing a court claim where they might have to argue against EA 2010. This is all a game of bluff and counter bluff.