ECP Unfair ticket Popla appeal

laifi

Umkomaas said:

I am struggling to write all this without really identifying myself as the driver. 

If the ECP Notice to Keeper (NtK) was compliant with the Protection of Freedoms Act 2012 (Schedule 4) - and I would guess it probably was - there is little to gain by ducking and diving as to who the driver of the vehicle was. 

Date of parking event?
Date of Issue shown on the NtK?
Is there a paragraph with '.....if after 28/29 days of the date given ....' or similar wording?

Thank you so much. 
The NtK seems compliant because in includes the : You are notified under the parag. 9.2b of schedule 4 of the protection of freedom act 2012. It asked to provide the name of the driver. 
It also says : failure to pay the full amount of this notice within 28 days may result in proceedings...
The event happened 04/08/2021
Issue date 10/08/2021.

Thank you
 

Redx

Then it sounds as if it's POFA compliant , so pointless trying to hide the drivers identity !!

Tell it like it is , faulty machines and failures with online payment , frustration of contract , the driver left promptly as soon as they realised that they could not possibly make a payment and could not remain on site , in order to comply with the signage , pay or leave

laifi

Le_Kirk said:

With POPLA you tell it like it was.  Your strongest point is that the parking company failed in the management of the car park by not ensuring that motorists could park quickly and easily and then be able to purchase a ticket, something you could not do because the PPC's equipment failed - NOT your fault.

Thank you Le-Kirk. 
Do you mean that if I explain what happened on the day to the Popla appeal there is a chance that they will consider it? 
Do I just do that in the beginning and then add the other points regarding signage, contratc afterwords? 
What heading would you recommend for this first session? Frustration of contract. Or just no contract has been made?

Le_Kirk

You use all the points available to you in the POPLA appeals section of the NEWBIE sticky and add your particular issue at the beginning.  Why do you need headings and even if you did I wouldn't use frustration of contract as that sounds more like something you would put in a legal defence.

Redx

Both , as points 1 & 2

All legal arguments come first ( but no POFA ) , 3 is no landowner authority

Then frustration of contract and faulty machines etc , then grace periods etc

A concise story follows as to the circumstances , the trying hard to pay , and leaving promptly when it was clear that it was impossible to pay , so no contract was entered into

Coupon-mad

I am struggling to write all this without really identifying myself as the driver. I have the logs from my mobile showing I call the the number they provided, I have the browser history showing I tried to pay. 

Write as the driver.

Embed images from your phone as evidence, and also include evidence if you have it, that you ended up paying to park elsewhere within minutes of leaving, having found a car park or bay where the payment system was working.

POPLA must be shown direct evidence, not just told an unevidenced story.  Post #3 of the NEWBIES thread ahows examples if how a long POPLA appeal with embedded inages actually looks.