POPLA Appeal, ECP NTH and major keying error

kaylouem

1505grandad said:

Might be worth pointing out they are using/quoting from a CoP not relevant to the parking event  -  i.e. they say para 18 of CoP is re signs  -  in the version 8 it is para 19.

also the grace/consideration is wrong  -  they state:-

"According to BPA Code of Practise 13.4–car park operators should allow the driver a reasonable period to leave the private car park after the parking contract  has ended; before enforcement action is taken. If the location is one where parking is normally  permitted; the grace period at the end of the parking period should be a minimum of 10 minutes."

Version 8 states:-

"13.4 Unauthorised motorists will not be entitled to the minimum time period of 5 minutes for a consideration period in spaces designated for specific users e.g Blue Badge holders, pick up/drop off or where parking is prohibited such as hatched areas in front of emergency exits, or on entry and exit ramps etc."

But agree the NtH points should be enough.

Thank you, I will include it anyway, might just help with that extra umpf!!

kaylouem

Hi guys!
After over a month of waiting for my POPLA decision due to the Christmas period delay I finally got the result I hoped for, Decision Successful!! 

I added to my comments that ECP were citing paragraphs from an out of date CoP, also that the template NTK that they supplied in their evidence pack was different to the one originally issued to the hire company.
I also stated that I stood by the statement in my original appeal regarding the ticket machine fault.

The assessor allowed my appeal on the Non compliant NTH alone and therefore disregarded all other points of appeal! Happy days!

Thank you all so much for your assistance and advice, this forum is amazing and so informative, I really do appreciate you all. 

I’ve pasted the POPLA decision below….

kaylouem

https://www.dropbox.com/scl/fi/bttdnieqci9uoohp7q81c/POPLA-Decision.pdf?rlkey=y6dugls0yu0vklyq5g0ekacmr&dl=0

Coupon-mad

kaylouem said:

Hi guys!
After over a month of waiting for my POPLA decision due to the Christmas period delay I finally got the result I hoped for, Decision Successful!! 

I added to my comments that ECP were citing paragraphs from an out of date CoP, also that the template NTK that they supplied in their evidence pack was different to the one originally issued to the hire company.
I also stated that I stood by the statement in my original appeal regarding the ticket machine fault.

The assessor allowed my appeal on the Non compliant NTH alone and therefore disregarded all other points of appeal! Happy days!

Thank you all so much for your assistance and advice, this forum is amazing and so informative, I really do appreciate you all. 

I’ve pasted the POPLA decision below….

Great stuff!

Please post a summary and a URL to this thread in POPLA DECISIONS to get more views.