Euro Car Parks PCN - finding landowner

kiss_me_now9

Thanks, that thread is perfect. All sent by OH, with no indication of driver. Now we just wait.

Website says 35 days to process, which is the day after Boxing Day. Maybe that'll be a fun Christmas present. 

kiss_me_now9

Right, POPLA code has been received now. I’ll have a look around the forum and write to the POPLA people? 

Fruitcake

For the keeper's PoPLA appeal, use all the points available to them that are linked from the third post of the NEWBIES.

These should include where applicable, but not be limited to,

Not the landowner
No standing to issue charges in their own name
Inadequate signage
BPA CoP failures
Non-PoFA compliant NTK

kiss_me_now9

I'm drafting this atm, using the bulk of MikeHammer's appeal here -  found https://forums.moneysavingexpert.com/discussion/comment/73797736#Comment_73797736

Just a few questions -
The NTK states that the vehicle was in the car park for 12 minutes with no ticket (my case is almost identical to MikeHammers). I'm a bit confused about the first point around grace periods. I understand that generally 10 minutes is agreed upon for leaving a car park but what is the agreed upon for entering? And can you combine them if you enter, and then leave fairly promptly? Or do I just stop overthinking it and leave this as it is, almost completely? 

In the text MikeHammer has written - 
"

• The BPA Code of Practice (13.4) clearly states that the Grace Period to leave the car park should be a minimum of 10 minutes. Whilst 13.4 does not apply in this case (it should be made clear - a contract was never entered in to), it is reasonable to suggest that the minimum of 10 minutes grace period stipulated in 13.4 is also a “reasonable grace period” to apply to 13.1 and 13.2 of the BPA’s Code of Practice."

Why does 13.4 not apply? Would it apply in this case? 

Further down, MikeHammer talks about a suggestion at a BPA board meeting to amend the wording to state a 'suggested grace period of at least 11 minutes' but this is from 2015, is this still relevant or has it been updated? 

I'll pop down to the car park at some point in the next few days to take photos of the signage and add that to the appeal. 

KeithP

You are referencing a thread almost six years old.
Consideration and Grace Periods have changed since then.

You need to refer to the version of the BPA's CoP that was in effect at the time of your parking event.

Coupon-mad

His case is VERY old and pre-dates (by two years) the current BPA CoP which you'll see when you look it up online. You can't quote in 2023 from the 2017 CoP.

If it were me, I wouldn't even look at a POPLA appeal more than 2 years old.  In fact, if it were me or my relative, I wouldn't bother with POPLA anyway.  It really isn't a priority.

Further down, MikeHammer talks about a suggestion at a BPA board meeting to amend the wording to state a 'suggested grace period of at least 11 minutes' but this is from 2015, is this still relevant or has it been updated? 

That never happened.

This stuff is too old to use.

kiss_me_now9

Coupon-mad said:

His case is VERY old and pre-dates (by two years) the current BPA CoP which you'll see when you look it up online. You can't quote in 2023 from the 2017 CoP.

If it were me, I wouldn't even look at a POPLA appeal more than 2 years old.  In fact, if it were me or my relative, I wouldn't bother with POPLA anyway.  It really isn't a priority.

Further down, MikeHammer talks about a suggestion at a BPA board meeting to amend the wording to state a 'suggested grace period of at least 11 minutes' but this is from 2015, is this still relevant or has it been updated? 

That never happened.

This stuff is too old to use.

Oh no It's so nicely written too. Perhaps might be worth getting the sticky post changed then? All of the threads referenced in post 3 of the Newbies post are very old. 

Coupon-mad

I know but it's not a priority. POPLA will be phased out by the Government next year.

kiss_me_now9

Appreciate that but then maybe the advice shouldn't be "Make sure you look at the examples in the NEWBIE thread and use them!"

Coupon-mad

kiss_me_now9 said:

Appreciate that but then maybe the advice shouldn't be "Make sure you look at the examples in the NEWBIE thread and use them!"

They are the best we have and the main appeal points still often work (doesn't matter if they don't).  Updating quotes to account for the 2020 BPA CoP is easy enough to do, and it seems reasonable to expect a person appealing on a breach of the BPA CoP to want to read it, anyway.

It doesn't matter because POPLA doesn't matter.  Honestly.  I never bother with it for relatives I help, unless there's a nailed on win.

But it's better than me deleting the whole section there in the 3rd post of the NEWBIES thread and saying "yer on yer own because POPLA's being phased out, so I've deleted all the archive examples"!