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A little help with popla appeal

13

Comments

  • Coupon-mad
    Coupon-mad Posts: 161,079 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    POPLA won't ring anyone or make enquiries, so remove the sentence 'If you require further info my contact is...'

    Also split these into two, these are completely separate points and the first one, that I've bolded, needs to explain in what way the NTK is non-POFA.

    The operator has not conformed to paragraph 12 of POFA 2012

    UKPC is put to strict proof that is had complied with paragraph 12 of POFA 2012. After making enquiries with the local authorities there appears to have been no planning permissions granted in relation to this car park, whether it be signage ANPR or any planning permissions for a car park where motorist are charged in this way.



    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
  • SergeiK
    SergeiK Posts: 108 Forumite
    Fourth Anniversary 100 Posts
    edited 24 April 2022 at 12:16PM
    That's as much as I have so far, the Beavis signage etc I didn't bother loading as not necessary, obviously open so edits additions etc, anything your think would be worthwhile adding
    thanks 
  • Umkomaas
    Umkomaas Posts: 44,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In regard to the signage not showing the parking charge prominently, please have a look at the last two or three pages of the POPLA Decisions Announcement where POPLA have been finding against Euro Parking Services on that basis. 

    While they are a different parking firm, the issue is exactly the same, so I'd be quoting past POPLA ECP decisions to back your position in your appeal. 
    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
  • 1505grandad
    1505grandad Posts: 4,402 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    A heads-up:-

    "The operator has not complied with BPA code B19.10 when changing restrictions"  -  correct CoP para number

    However needs amending here:- 

    "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 minuscule font size of the £100, 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."
  • SergeiK
    SergeiK Posts: 108 Forumite
    Fourth Anniversary 100 Posts
    Umkomaas said:
    In regard to the signage not showing the parking charge prominently, please have a look at the last two or three pages of the POPLA Decisions Announcement where POPLA have been finding against Euro Parking Services on that basis. 

    While they are a different parking firm, the issue is exactly the same, so I'd be quoting past POPLA ECP decisions to back your position in your appeal. 
    thanks i had including a refence to the ECP decision and POPLA no I've elaborated a bit and added the pictures from the ECP signage
  • SergeiK
    SergeiK Posts: 108 Forumite
    Fourth Anniversary 100 Posts
    edited 30 April 2022 at 3:57PM
    Going to get this submitted this afternoon, fingers crossed

    edit is it best to select the ‘other’ option when selecting grounds for appeal
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    SergeiK said:
    Going to get this submitted this afternoon, fingers crossed

    edit is it best to select the ‘other’ option when selecting grounds for appeal
    The third post of the NEWBIES thread does say -

  • Coupon-mad
    Coupon-mad Posts: 161,079 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just checking - because POPLA codes last 33 days, not 28 - only try POPLA after exhausting all avenues lf landowner complaint first.  Is that option a complete no?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • SergeiK
    SergeiK Posts: 108 Forumite
    Fourth Anniversary 100 Posts
    I’ve put it in now, just a anxious about missing the window, and their letter said 28 days 

    Tried down the landowner route emailed one company land had been sold on to royal London, big faceless corporation and I’ve hit a wall trying to contact anyone relevant
  • Coupon-mad
    Coupon-mad Posts: 161,079 Forumite
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    edited 30 April 2022 at 5:03PM
    We know the letter said 28 days.  It's not true.  We know what we are doing.  You had till day 33.

    You are likely to lose at POPLA because most people do, hence why I wanted to check the easy cancellation route had been exhausted.

    You can't do it the other way round.  Once well into the POPLA system a PPC won't cancel for a landowner, but you could try again next week because there is still time before the PPC have to engage with POPLA and they could still bow out if the landowner or managing agent for the site tells them to.
    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
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