CEL POPLA stage - Please help!

Simeon_E

Hello,

I have searched the forum quite extensively and I'm finding it hard to find a similar successful appeal at POPLA.
There was a successful appeal with the exact same case/location but I 've been advised on this forum that it is incorrect and outdated (It's 8 years old. I used it for my initial appeal which was rejected).

Any help will be greatly appreciated as I'm starting to feel a bit lost and overwhelmed

Some Facts:
The vehicle was parked at a leisure centre and overstayed the free parking period (3 hours) by about 50 minutes. The vehicle was was connected to a genuine paying customer who had paid to use services at the leisure centre for 4 hours and was unaware that you had to extend the free 3 hour period by typing the vehicle reg at the venue.

The venue said they could not cancel the NTK if an appeal had already be submitted, otherwise they would have. Appeal was submitted and reject before this response was received from the venue. 3 remaining days to appeal to POPLA

After not finding much success with an up to date successful POPLA win from a similar case I've looked at a couple of examples on the Newbie thread:
https://www.dropbox.com/s/p7ltb9rcr6zy7kn/Appeal_stage2_POPLA_ECP_draft5.pdf?dl=0:

https://drive.google.com/file/d/1v_W_UseWdI_d_9WWMUfVecx0uDUYOwKs/view

However, I have no idea what grounds to appeal on or what to adjust (or if theses examples even apply to case). I can point out that signage is very poor (if there is at all) and there is nothing stating how paying customers can exceed their stay but this is probably the venues responsibility.

Here is the original NTK (front and back) No PCN, Just NTK:
https://photos.app.goo.gl/sTHhBWTwE5DsRVPeA
https://photos.app.goo.gl/ZHVemQQLxp19TNQu5


Help or a point in the right direction is extremely appreciated.

Thanks in advance.

Fruitcake

I can't open your Google Drive images as it is asking me to log in to an account.

Assuming your initials are PD, your name is showing on the Dropbox link.

Did you reveal the driver's identity in your initial appeal? If not, is the NTK PoFA compliant?

You should complain again to the landowner, going higher up the food chain to the site manager/CEO. If the driver didn't know they had to register for the extra hour, then the signs must have been inadequate. Get your own photos of the site and signage to support this. Where did this take place? It may have cropped up here before.
Note that PoPLA codes last at least 32 days, so you may have more time than you think.

A PoPLA appeal should include, but not be limited to,

Not the landowner
No standing to issue charges in their own name
BPA CoP failures, (or BPA/IPC CoP failures if the alleged event occurred after October the 1st of this year)
Non PoFA compliant NTK (if relevant and the driver's identity has not been given
Inadequate signage

Coupon-mad

They are wrong. The venue CAN cancel the PCN as long as a POPLA appeal has not been put in.  So don't bother. 

Just tell the venue that you decided not to do the POPLA appeal therefore you know they can cancel it and that's what you require, please, to restore your faith in using this leisure centre in future.

Simeon_E

Fruitcake said:

I can't open your Google Drive images as it is asking me to log in to an account.

Assuming your initials are PD, your name is showing on the Dropbox link.

Did you reveal the driver's identity in your initial appeal? If not, is the NTK PoFA compliant?

You should complain again to the landowner, going higher up the food chain to the site manager/CEO. If the driver didn't know they had to register for the extra hour, then the signs must have been inadequate. Get your own photos of the site and signage to support this. Where did this take place? It may have cropped up here before.
Note that PoPLA codes last at least 32 days, so you may have more time than you think.

A PoPLA appeal should include, but not be limited to,

Not the landowner
No standing to issue charges in their own name
BPA CoP failures, (or BPA/IPC CoP failures if the alleged event occurred after October the 1st of this year)
Non PoFA compliant NTK (if relevant and the driver's identity has not been given
Inadequate signage

Thanks Fruit.

These links should work:
https://drive.google.com/file/d/12x7PUzN8yZBAbvFHs66Ld64aUUyT3i80/view?usp=sharing
https://drive.google.com/file/d/133MeJRCaNmw_UmjKyp-FeZWMISfqqVH8/view?usp=sharing

I will try the venue again. Now that I think about the member of staff seemed a little amateurish.

Thanks for the tip. The drobox is not my link. It's a recommended successful appeal on the Newbie instruction page of this forum. Wasn't sure if it was sufficient for my case.

Thanks again.



Coupon-mad said:

They are wrong. The venue CAN cancel the PCN as long as a POPLA appeal has not been put in.  So don't bother. 

Just tell the venue that you decided not to do the POPLA appeal therefore you know they can cancel it and that's what you require, please, to restore your faith in using this leisure centre in future.

Coupon-mad

Can't stress enough NOT TO TRY POPLA.

Simeon_E

Coupon-mad said:

Can't stress enough NOT TO TRY POPLA.

I went back to the leisure and told them I didn't appeal when they asked (didn't bother confuse them with POPLA talk). They can be quite dismissive at this place so I came with a friendly approach (and a bit of flattery). They ended up being quite attentive to the situation and even went above and beyond. They initially told me I will have to wait as they only have set amount of spaces they can remove as the carpark is owned by the council. I said "Ok I don't mind waiting". Before I even got home they phoned me to say the PCN has been removed.

I see a lot of people saying they have issues with venues cancelling PCNs. Sometimes your approach may make the difference.

Thanks to all that helped.

Coupon-mad

Very good news!

PLAN A STRIKES AGAIN!