Euro CarParks Amazing Rejection of Appeal

Grizebeck

Just take the advice already given and move on
Your age sorry isn't relevant to a court claim

fisherjim

courtenay62 said:

To the 3 posters above - thank you, quite eye opening!  But to be clear, are you saying that IF my POPLA appeal IS successful it's still not guaranteed that ECP will waive the Charge Notice?  I thought I'd read it was . . .

Who said that?

If POPLA accept your appeal their decision IS binding on ECP game over, if you lose at POPLA their decision isn't binding you can just ignore it!

Coupon-mad

 I had a medical emergency so why would they also reject my Appeal?

Because POPLA don't consider mitigation.

Did you miss that when you read their terms of reference?  Their remit DOESN'T include mitigating circumstances.

POPLA WILL NOT ACCEPT YOUR APPEAL BASED ON MITIGATION.

They can't.

But the landowner CAN step in.

You don't have to withdraw the POPLA appeal today but I was telling you that it is likely to block the landowner from being able to cancel the PCN, which is otherwise soooooo easy & quick: you could have achieved that today...

Make it your mission to achieve that by Monday by emailing whoever runs the site.

You can always offer to withdraw the POPLA Appeal if it helps.

courtenay62

Coupon-mad

I do appreciate that you are trying to help me, and clearly know far more about the subject that I ever will.
You say without qualification that POPLA don't consider mitigation, but I have just visited POPLA's FAQs https://www.popla.co.uk/faqs, and scrolling down they say this:

• Can POPLA consider my mitigating circumstances in its decision?

  Our role is to consider whether a parking charge notice has been issued correctly, taking into account relevant law, codes of practice, and the evidence provided by the parties.

  While we appreciate that motorists may not always be able to follow the terms and conditions of a car park due to circumstances outside of their control, we cannot allow an appeal due to mitigating circumstances alone.

  However, we do have a mitigating circumstances process in place meaning that if a motorist presents us with evidence that demonstrates that serious circumstances outside of their control affected their ability to adhere to the terms and conditions, we will refer it back to the operator for reconsideration. The operator will then make a decision as to whether or not it wants to continue pursuing the parking charge notice or cancel.

  If the operator decides to cancel the parking charge notice, you will not need to pay. If the operator decides to continue pursuing it, then we will come to an independent and impartial decision about whether the charge was issued correctly.

So on the one hand POPLA say, as you have said, they cannot allow an appeal due to mitigating circumstances alone, but then apparently contradict themselves in the next line by offering some hope that they might!

I think on balance, and taking your view that the appeal won't work in my case, I'll Withdraw my popla appeal.  Interestingly, when I pressed the button I had to give a reason why I was withdrawing.

I have emailed a detailed Complaint to who I believe is the car park landowner Wavensmere homes, and wait to see how they respond.  Mission achieved!

fisherjim

courtenay62 said:

• However, we do have a mitigating circumstances process in place meaning that if a motorist presents us with evidence that demonstrates that serious circumstances outside of their control affected their ability to adhere to the terms and conditions, we will refer it back to the operator for reconsideration.
  

Never seen it in all the cases on here, they don't even consider "The equality Act 2010" as an appeal point!

Grizebeck

Why are you over thinking this

Zbubuman

You could have mentioned a breach of the COP with popla. BPA code states that with regards to overstay they need to consider mitigating circumstances .

b) where the driver or a passenger in the vehicle suffers the onset of illness, is delayed by an overrunning medical appointment, or as a result of delay resulting from childcare arrangements;


Note: The evidence is likely to be unique to the scenario. This may not be applicable where the vehicle was not parking in accordance with terms and conditions. It is more appropriate where the terms and conditions were initially complied with but there was an overstay. 

Coupon-mad

fisherjim said:

courtenay62 said:

• However, we do have a mitigating circumstances process in place meaning that if a motorist presents us with evidence that demonstrates that serious circumstances outside of their control affected their ability to adhere to the terms and conditions, we will refer it back to the operator for reconsideration.
  

Never seen it in all the cases on here, they don't even consider "The equality Act 2010" as an appeal point!

Yes, we've never seen it done.

But @Zbubuman has a good point about the CoP.

1505grandad

Zbubuman said:

You could have mentioned a breach of the COP with popla. BPA code states that with regards to overstay they need to consider mitigating circumstances .

b) where the driver or a passenger in the vehicle suffers the onset of illness, is delayed by an overrunning medical appointment, or as a result of delay resulting from childcare arrangements;


Note: The evidence is likely to be unique to the scenario. This may not be applicable where the vehicle was not parking in accordance with terms and conditions. It is more appropriate where the terms and conditions were initially complied with but there was an overstay. 

Is that from the same CoP quoted here:-

https://forums.moneysavingexpert.com/discussion/comment/81094903/#Comment_81094903

Gr1pr

If POPLA were to find in your favour then the PCN is considered to be cancelled because the BPA CoP states that its binding upon the parking company