*** Help required to fight and write a winning POPLA appeal *****

DhaniQ

Hi, 

I am in need of urgent help. I received a parking charge notice on my windscreen from UKPC whilst i was parked in Asda Leyton Mills. The ticket was issued for 'not parking correctly within the markings of the bay or space'. They slapped me with a £100 fine but reduced to £60 if i pay within 14 days. I didn't even notice how i parked as i was in a rush as my partner needed the ladies. I even shopped at Asda and still hold the receipt and was no longer than half an hour. it was during the week and the ark park was half empty?? so no loss of business to Asda. Anyways i appealed the ticket after receiving a letter through the post after 30 days and referred to myself as the registered keeper. Two weeks after sending my appeal i got sent a letter in the post by UKPC stating they cant make a proper decision unless i give them the name of the driver, i obviously ignored the letter and now they have come back and rejected my appeal and send me a POPLA code. I am so annoyed by the way this parking company tries to justify these tickets and just put undue stress on normal civilians, like we don't have enough to deal with especially with the cost of living now. They have threatened me by telling me if i go with the appeal to POPLA i will lose my discount.. I want to appeal to POPLA but need a proper appeal as i don't wish to lose this case.
I am calling for help from the community to not let these fraudulent companies win... help needed to write up a winning appeal to POPLA..

Thank you

Not_A_Hope

Firstly you should try complaining to ASDA to get the ticket cancelled. 

What are the signs like at this site? Did you you see them and particularly the terms and conditions relating to parking in a bay. Take photos.

A half empty car park nor loss of business does not constitute a defence.

Love the typo 'Ark Park'!

Le_Kirk

Damn, I was just going to ask if you parked next to Noah?  Anyway, go here for the POPLA assistance: -
12 January 2014 at 8:43PM <<<<<<<<LINK

Umkomaas

While you can try the manager at Asda for a cancellation, I'm doubtful Asda have commissioned UKPC to infest their car park (ParkingEye being Asda's preferred operator). Is the car park one that serves a number of other retail outlets as well as Asda?  If so you're probably looking for the site's Managing Agent to whom to complain and seek a cancellation. 

How to write a winning POPLA appeal, the NEWBIES FAQ Announcement, third post covers almost everything you need, including near-template sections covering the most important POPLA appeal points. 

Coupon-mad

So there was a windscreen PCN that you ignored (wrongly) and you only appealed once the NTK arrived a month later?

Not sure you will win at POPLA as there will be photos of the car out of the bay lines. And you didn't come here in time to do the first appeal properly - which was on day 26 after the windscreen PCN.  That might have given you a winning appeal.  Too late now.

I'm not telling you to pay this. I am saying you should have appealed on day 26 and stopped them even sending a NTK in the post.

And I am saying you will probably lose at POPLA.

So PLAN A from the NEWBIES thread is what to do first.  NOT POPLA.  Find out who runs the car park as it's unlikely to be Asda and is very probably on the entrance sign to the retail park, or on their website.

THIS IS NOT SOMETHING TO PAY.

Le_Kirk

Coupon-mad said:

PLAN A from the NEWBIES thread is what to do first.  NOT POPLA.  Find out who runs the car park as it's unlikely to be Asda and is very probably on the entrance sign to the retail park, or on their website.

One of the regulars @Umkomaas regularly posts about how to find landowners, search the forum.

uanime5

Did UKPC include any images of how you were parked? The onus is on them to prove you weren't properly parked so if they don't have clear images of this they'll lose by default.

A lack of signs about having to park in the marked bays will mean a parking contract wasn't formed. Again the onus will be on UKPC to prove that there was sufficient signage to explain what you can and can't do.

As in the Newbie guide you can demand that UKPC provide their contract with the landowner to prove they have the right to fine you. If UKPC doesn't want to do this they'll withdraw their appeal.

Finally they can't make you pay the fine unless they take you to county court. So even if you lose at POPLA you won't have to pay.

Umkomaas

Le_Kirk said:

Coupon-mad said:

PLAN A from the NEWBIES thread is what to do first.  NOT POPLA.  Find out who runs the car park as it's unlikely to be Asda and is very probably on the entrance sign to the retail park, or on their website.

One of the regulars @Umkomaas regularly posts about how to find landowners, search the forum.

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there.