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Parking Eye PCN at Welcome Break

Hi Experts,
 I'm looking for advice on POPLA appeal for a PCN  from Parking Eye. I've read the Newbies thread and other posts and sent my first appeal to parking eye using template from this forum (haven't said who was driving in the appeal). This is now rejected and they have provided with POPLA code (Reason given in letter: We have reviewed the details outlined in your appeal, but we are not in receipt of sufficient evidence to confirm that the terms and conditions were not breached.Our records confirm that no parking was purchased on the date of the parking event)

The details of the incident: the driver of the car parked at a Welcome Break on M25 motorway and stayed for 2 hours and 29 minutes. The delay was due to taking a long break and didn't realise how quicky the time goes by. Was catching up with a friend on the break and had a coffee and lunch break. I received a PCN letter in the post immediately around 7 days after the incident.

The rejection came to me by email and it was sitting in my junk email and noticed it late and I seem to have 1 more week to apply for POPLA.
My questions are:
-  Can you suggest good appeal template for POPLA. I see there is one in below link but I wondering if point 1 No Hirer/Keeper Liability would need to be added in my letter and I am guessing this does not apply.
     https://forums.moneysavingexpert.com/discussion/6202420/parking-eye-pcn-welcome-break/p6

Thank you in advance for the advice and help, I appreciate everyone is very busy and I'm very grateful for all your help!.
«13

Comments

  • KeithP
    KeithP Posts: 41,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The third post in the NEWBIES thread has good guidance on how to create a winning PoPLA appeal.

    But before doing that, complain to Welcome Break.
  • TRYTOWIN
    TRYTOWIN Posts: 9 Forumite
    Second Anniversary Name Dropper First Post
    I have verbally complained to duty manager at welcome break. I will now send them an email too.
    I guess i still need to prepare my appeal and attach to POPLA appeal before deadline.
  • Coupon-mad
    Coupon-mad Posts: 147,895 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 March 2021 at 1:00AM
    You don't have a 28 day deadline you have until DAY 33 to put a POPLA appeal in (no discussion about that please...spare us! It will work for 33 days).

    Take your foot OFF the POPLA pedal or you will stop your chances of ParkingEye cancelling when WB tell them to.  P/Eye won't cancel if POPLA is started.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Also note that PoPLA are currently accepting skeleton appeals - see their website.

    But as said, get this cancelled by WB before thinking further about PoPLA - but don't miss the PoPLA deadline.
  • Umkomaas
    Umkomaas Posts: 42,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Does the Notice to Keeper have a paragraph on the reverse page headed 'Protection of Freedoms Act'?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 March 2021 at 10:22AM
    This is the only country in  Europe AFAIAA where these parasites infest motprway car parks, please complain to your MP.  Have you read this?

    https://www.theguardian.com/money/2017/aug/26/parking-eye-takes-on-top-barrister-85-fine
    You never know how far you can go until you go too far.
  • Ralph-y
    Ralph-y Posts: 4,630 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    "I have verbally complained to duty manager at welcome break. I will now send them an email too.
    I guess i still need to prepare my appeal and attach to POPLA appeal before deadline. "

    this must go to the CEO as well ...

    Ralph B)
  • TRYTOWIN
    TRYTOWIN Posts: 9 Forumite
    Second Anniversary Name Dropper First Post
    Thanks for your replies to each and every one and much appreciated.
    I am drafting an email to Welcome break as sugested by KeithP and Coupon-Mad. I read in the sucessful complaints thread not to bother emailing head office (CEO) and i guess recommendaiton is to email the motorway services directly and also to their CEO?. I will post the letter here later tonight.
    @Umkomaas, Yes, Notice to Keeper have a paragraph on the reverse page headed 'Protection of Freedoms Act' on the first letter but not on the second reminder letter sent a week later.

  • Umkomaas
    Umkomaas Posts: 42,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's the first one that counts. If PE have that on the NtK, you can be pretty sure they have met PoFA requirements in order to hold the keeper liable. If nothing else, PE run a pretty tight ship when it comes to understanding PoFA. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 3 March 2021 at 9:15PM
    The complaints should be loud and vociferous long before any Popla appeal is uploaded

    We cannot stress this highly enough , because PE run that tight ship , so no putting the cart before the horse

    Popla is stage 3 , landowner or retailer complaint is stage 1
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