POPLA Appeal - Premier Parking Melton Mowbray

goose05

• I sent the appeal letter to them on 14th September and have proof of postage.

• The date of the parking event was 31st August.

• So do I delete that whole first bit?

• That's why I put it last.

Thanks 

KeithP

Umkomaas said:

received a letter dated 7th September 2020 acting as a notice to the registered keeper. My appeal to the operator – Premier Park Ltd – was posted on 14th September 2020

How do you know it was posted on 14/09?  What was the date of the parking event?

I think the OP is saying that he/she posted their appeal to Premier Park Ltd on 14th September.   

goose05

Or put it second as per the newbie thread, using the signage aspect first?

Coupon-mad

Remove this unnecessary intro which has pointless dates in it.  Whoever wrote the original should be ashamed of their grammar and the fact people keep copying it, drives me mad:

I, the registered keeper of this vehicle, received a letter dated 7th September 2020 acting as a notice to the registered keeper. My appeal to the operator – Premier Park Ltd – was posted on 14th September 2020 but subsequently rejected by a letter dated 2nd October 2020.

Can I just say now, unless the Assessor is with you about the signs, you will probably lose at POPLA (so what?) so PLEASE don't come back later telling us POPLA rejected it and asking ''what are my next steps?''   Please.

goose05

May I suggest then you don't have it on the newbie thread under.......
"THAT IS WHAT A WINNING POPLA APPEAL CAN LOOK LIKE, VERY LONG AND WITH IMAGES."

Coupon-mad said:

Remove this unnecessary intro which has pointless dates in it.  Whoever wrote the original should be ashamed of their grammar and the fact people keep copying it, drives me mad:

I, the registered keeper of this vehicle, received a letter dated 7th September 2020 acting as a notice to the registered keeper. My appeal to the operator – Premier Park Ltd – was posted on 14th September 2020 but subsequently rejected by a letter dated 2nd October 2020.

Can I just say now, unless the Assessor is with you about the signs, you will probably lose at POPLA (so what?) so PLEASE don't come back later telling us POPLA rejected it and asking ''what are my next steps?''   Please.

Thanks for the constructive and helpful feedback....... 
Guess I'll await my fate!

Umkomaas

KeithP said:

Umkomaas said:

received a letter dated 7th September 2020 acting as a notice to the registered keeper. My appeal to the operator – Premier Park Ltd – was posted on 14th September 2020

How do you know it was posted on 14/09?  What was the date of the parking event?

I think the OP is saying that he/she posted their appeal to Premier Park Ltd on 14th September.   

My skim reading again. I read it as PPL had posted the NtK on that date.  Sorry OP, ignore my post. 

Coupon-mad

I agree but that's the best example of a POPLA appeal with photos in it.  Shame that the intro is a grammatical aberration and has pointless waffle about when letters arrived (who cares).

Show me a better one and I'll use yours as the newest example, if it has photos!

goose05

I will try again.
It is said that you shouldn't waffle and fluff but also to keep it lengthy....It's a little contradictory.
Mine has photos :-)

goose05

Dear POPLA Assessor,

I am submitting this formal appeal against the above detailed PCN, received from Premier Park Ltd, as the keeper of the vehicle on the date of the alleged breach of their terms and conditions.

The reasons why I am not liable for this charge are set out below. 

1)      The signs in this car park are not prominent, clear, or legible from all parking spaces

2)      No Evidence of Landowner Authority – the operator is put to strict proof of full compliance with the BPA Code of Practice

1)          Upon revisiting the car park, the signs in this car park are not prominent, clear, or legible from all parking spaces 

I note that within the Protection of Freedoms Act (POFA) 2012 it discusses the clarity that needs to be provided to make a motorist aware of the parking charge. Specifically, it requires that the driver be given 'adequate notice' of the charge. POFA 2012 defines 'adequate notice' as follows:

''(3) For the purposes of sub-paragraph (2) 'adequate notice' means notice given by: (a) the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or (b) where no such requirements apply, the display of one or more notices which: (i) specify the sum as the charge for unauthorised parking; and (ii) are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land''.

Even in circumstances where POFA 2012 does not apply, I believe this to be a reasonable standard to use when making my own assessment, as appellant, of the signage in place at the location. Having considered the signage in place at this particular site against the requirements of Section 18 of the BPA Code of Practice and POFA 2012, I am of the view that the signage at the site - given the font size, which is illegible in most photographs and does not appear at all at the entrance - is NOT sufficient to bring the parking charge (i.e. the sum itself) to the attention of the motorist.

goose05

And then just the rest as it is written under the signage section and landowner bit.

I have cut out about unreliable ANPR etc and just hope that with the photos and this paragraph possibly muddying the water/their claim-

"I would also wish to point out at this point, that although entry and exit back to the road is through the ‘entrance’ there is actually a barrier, whereby you can leave the car park (as shown in the photo’s Figure 3, Figure 4 and Figure 5) which takes you off of the car park property. Should the car have left the car park but had to drive back through the exit of the entrance it would mean that it was not actually ‘parked’ on the car park, it was just used as a means of thoroughfare, hence why the ANPR camera caught the number plate entering and exiting.

That it gets dropped.........

I will get my rebuttals ready!