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Read newbies sticky note but still need some guidance.

Hi all, 
So I have read the newbies stick note and but still in need of a bit of advise. 
Appealed to Parking Eye ( the issue was regarding a overstay of 11 mins) using the template in the newbies thread. As expected the appeal failed with them stating that they are not in receipt of sufficient evidence to confirm that the terms and conditions were not breached. These terms are clearly displayed on the signage located throughout the above car park.  we can confirm that there is adequate signage at this site, appropriately located and inline with BPA code of practise. 
So now at  POPLA, I have read through the pages on parking eye popla but I am really worried about shooting my self in the foot. I have seen the all the mini templates on signage, landowner authority, permit car park etc as well as Duncan Nimock's & marganne's cases but I am not sure how to proceed. I will use the case examples but don't know what photos to use. 
Can someone explain what third party batch-mail system is in terms of when a parking charge notice is issued or served on the same day or day after "the date of the event" 
I have seen all this don't miss the deadline comments but no mention of the actual deadline e.g within 14 days or 28 days. 
thanks in advance and hope I have confused anyone with the nature of my enquiry. 
«1

Comments

  • Fruitcake
    Fruitcake Posts: 58,685 Forumite
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    edited 16 February 2021 at 3:28PM
    If you have appealed to the scammers and now have a rejection and a PoPLA code, then you have 32 days to submit a PoPLA appeal. 

    Was the driver's identity revealed during the initial appeal stage?
    Was the NTK PoFA compliant or not. There is an example of a ParkingLie golden ticket in the NEWBIES. If you have one of those then the keeper cannot be held liable.

    Use all the template points available to you. Include pics of the site and signage to support your inadequate signage point.
    I have no idea what a third party batch mail system is. It's irrelevant. The date of the alleged event and the date the NTK was received are the important ones. The latter is presumed to be two working days after the date of posting, and it must arrive by day 14, the date of the alleged event being day zero.

    Appeal points should be,
    Not the landowner
    No standing to issue charges in their own name
    Non PoFA compliant NTK (if you have a golden ticket and the driver's ID was not revealed)
    Inadequate signage
    Lack of grace periods if relevant
    BPA CoP failures.

    Post your draft appeal here for checking before you submit it.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    You proceed by breaking it down into the sections - such as signage - and completing those. 
    If you do it piecemeal it will make it a lot easier for you
    There are two dealdines in POFA2012, para 8 and para 9. Assuming this was ANPR, then preesumably para 9 applies. 
    IF so the deadline is the NtK (ie the notice sent by post to the keeper as recorded in ther DVLA) must be received within 14 days, day 0 is date of event. 
  • Ralph-y
    Ralph-y Posts: 4,572 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Where did this take place ?
    with PE a landlord / landowner is best done before the popla appeal is sent.

    Ralph B)
  • As advised driver was not named. POFA2012 has been mentioned so not a golden ticket but I wonder if i have to compare wordings.  Shall I visit the site to take photos of the signage or shall I merely refer to it. I want to know why they don't just send these signage like they do with cctv. Thanks for the advice, I will put it together on a pdf and post it on this thread in the new few days. 
  • Fruitcake
    Fruitcake Posts: 58,685 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 16 February 2021 at 4:10PM
    You need your own photos, covid regs permitting.
    CCTV won't have been used. ANPR scameras will have been used.
    ParkingLie have two versions of their NTKs. One is PoFA compliant, will have arrived by day 14, and will have the correct PoFA wording (para 9 2(f)).
    The other is non-Pofa complaint, will have arrived after day 14, and won't mention the PoFA.
    They don't have to provide images of the signs until PoPLA.
    I doubt you will be able to post a pdf. Just post the text of your draft appeal.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Le_Kirk
    Le_Kirk Posts: 22,873 Forumite
    First Anniversary First Post Photogenic Name Dropper
    marjoria said:
     Thanks for the advice, I will put it together on a pdf and post it on this thread in the new few days. 
    For some reason the forum is not accepting .pdf files at the moment.  You will have to use another method.
  • D_P_Dance
    D_P_Dance Posts: 11,518 Forumite
    First Post Name Dropper First Anniversary
    PE's signs are pants, far too wordt, read this

    https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

    and complain to your MP. 
    You never know how far you can go until you go too far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Well you can compare wording, but if POFA is on the back it IS compliant in wording. 
    So just check the deadline was met or not. 
  • Ralph-y
    Ralph-y Posts: 4,572 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Where did this take place ?
    with PE a landlord / landowner is best done before the popla appeal is sent.

    Ralph B)
  • Coupon-mad
    Coupon-mad Posts: 137,049 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 16 February 2021 at 10:59PM
    For the love of God forget the POPLA appeal for now and complain to the landowner, because you CAN'T do it the other way round. 

    The complaint to the landowner is far, far more likely to see the PCN cancelled than a POPLA appeal and then it becomes too late to complain and get it cancelled because P/Eye will whinge that they've spent an operator's POPLA fee on it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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