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POPLA appeal reason?
joloto69
Posts: 11 Forumite
Morning all. Having unsuccessfully appealed to parking eye and before appealing to POPLA could anyone advise the grounds whereby we drove round the carpark looking for a space and there was none so left in just under 5 mins? The car park was for one specific attraction, it was summer and absolutely full of people looking for spaces and then leaving so we won't be the only ones caught out I'm sure! Thanks for help in advance
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Comments
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Plan A is always a complaint from the vehicle keeper to the landowner and their MP.
If that fails then use all the points available to you from the third post of the sticky Announcement for NEWBIES, including the point that driving around looking for a space isn't parking.
This should inclkude,
Waiting for a spce isn't parking
Not the landowner
No standing to issue charges in their own name
Any BPA CoP failures
Non PoFA compliant NTRK (if relevant, and if the driver's identity was not given in the first appeal)
Inadequate signage
Anything else relevant
Have a look at his blog by the Parking Prankster and quote the case that ParkingEye lost for this very reason.
Parking Prankster: Waiting for a space is not Parking. ParkingEye lose in court. Beware of snakes at Fistral Beach (parking-prankster.blogspot.com)
Note that the point about no genuine pre-estimate of loss is no longer a valid point.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks2 -
Thank you. Sadly we weren't aware of plan A (and on researching I think the landowner of this beauty spot in Wales wouldn't be amenable!) we only have 14 days to appeal to Popla so time for a cuppa and read up!0
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Plan A is always worthwhile. If enough people complain, then eventually the penny might drop that having a site infested by an unregulated parking company is bad for business.
It's always worth complaining to your MP as well for. That's the reason why the government has finally decided it needs to curb the excesses of these companies.
Post your draft PoPLA appeal here for checking before you submit it. I suggest you make, waiting for a space isn't parking your point number 1.
It would be nice for PE to be reminded of losing the Fistral Beach case, as well as losing the parking contract at Fistral Beach.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks1 -
No you don't.joloto69 said:Thank you. Sadly we weren't aware of plan A (and on researching I think the landowner of this beauty spot in Wales wouldn't be amenable!) we only have 14 days to appeal to Popla so time for a cuppa and read up!
POPLA Codes last 33 days, not 28.
If you were there for under 5 minutes, why the heck was a PCN generated? The BPA CoP has a MINIMUM 5 minute consideration period.
Complain to the BPA immediately about this breach of the CoP. If it is indeed shown on the PCN as under 5 mins then PE will cancel it once the BPA ask them about it.
Easy one to kill.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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