POPLA Appeal Process Help - Euro Car Parks Response - What comments? 6 February at 2:40PM in Parking tickets, fines & parking 8 replies 85 views

LeonDriver93

Hi all, 

With typical newbie fashion I am being bogged down with guidance from all over around what to do. 

Summary:
Was on a filming job and popped out to get some lunch. Drove down looked like a public road with a private car park on the RHS (Banbury Tramway Estate)
Parked up on the road, didn't get out of the car, ate lunch for 20 mins then turned around and left the same way as entry. Didn't realise where the car was parked was classed as private land as it looks like a public highway. 
Final notice arrived after NTK (NTK was late by 10 days)
I appealed to POPLA and now Euro Car Parks have put their comments for me to review. 

I will attach my my original appeal document to POPLA shortly. Please note I've had to remove links from above due to new account on here. 

They have basically just responded saying everything is compliant, I'll post their response below after this. 

What are my next steps to comment on? 

I have looked through the LCP thread in the newbies about how to respond so I am gathering ideas from this but the time element is stressing me out. I am on day 4 of the time sensitive commenting aspect. 

Initially, I can comment on the 5 year contract renewal as they have attached documentation showing contracts signed 22/09/2017 for a 5 year lease (with automatic renewal) but there is no evidence provided that this actually happened. 

What else do I go after? Any other examples or advise would be greatly appreciated. 

Thank you

LeonDriver93

This is my POPLA appeal:

LeonDriver93

Page one: I can't edit for some reason

Coupon-mad

Go to POPLA DECISIONS, skim-read back a few pages till you find a decision or two from 2022 about ECP signs being inadequate because the £100 is hidden in small print.

Copy POPLA's words about ECP signs and adapt to make it make sense as your comments.

That's the only point likely to win.  Signage. Landowner authority that 'automatically renews' will be taken as OK.

OBVIOUSLY IGNORE ECP IF YOU LOSE!

LeonDriver93

This is their response on POPLA for me to comment on

LeonDriver93

Coupon-mad said:

Go to POPLA DECISIONS, skim-read back a few pages till you find a decision or two from 2022 about ECP signs being inadequate because the £100 is hidden in small print.

Copy POPLA's words about ECP signs and adapt to make it make sense as your comments.

That's the only point likely to win.  Signage. Landowner authority that 'automatically renews' will be taken as OK.

OBVIOUSLY IGNORE ECP IF YOU LOSE!

Thank you CM, will take a look now. 

LeonDriver93

I have submitted my comments to POPLA now and I am awaiting feedback to whether or not we are successful in this process. 

I will keep you posted. Thanks for your assistance CM. I hit the 10k character limit on my comments following some threads reached from the POPLA Decisions thread around ECP so hopefully it's enough. 

LeonDriver93

Hi all, 

Just to let you know POPLA came back to me, 6 weeks later and accepted my appeal. 

It is the parking operator’s responsibility to demonstrate to POPLA that it has issued a PCN correctly. In this case the appellant has stated there is insufficient notice of the sum of the parking charge itself. Having reviewed the signs of the site in this case I must concur with the appellant on this point. The British Parking Association (BPA) has a Code of Practice which set the standards its parking operators need to comply with. Section 19.4 of the code advises signs must give adequate notice to bring charges to the attention of motorists. In this case the sum of the charge is in a much smaller font to the conditions that precede it and I do not consider the parking operator has demonstrated compliance with this requirement. Accordingly, I must allow this appeal. Whilst I note the appellant has raised other grounds in this case, as I have allowed the appeal for the reasons above, I will not be considering them.

Over the moon. Thanks for any help and the abundance of information out there. Amazing. 

Coupon-mad

ECP signs fail again!  Well done.

We sincerely hope that you are au fait with the need to respond to the final Government Public Consultation on the extortionate levels of parking charges?

It is likely to be imminent, so keep your eyes peeled - any week now...

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture, as well as the DRA gaslighting of people.

Just checking you are among those ready to respond to the questions as you have personal experience of how this crap feels, and would have descended into the realms of "harassment by £170 debt demand" if you'd lost the appeal.

Please come back here when it opens, and you can make sure you don't miss the Consultation:

If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

Join us when the Consultation opens very soon.