POPLA ECP

Tiarde

Hi All. Firstly, a big THANK YOU for all your advice and good work on this site.

A PCN was recieved for allegedly parking in an M&S carpark without paying at the machine, for years this store had a resident warden and he was pretty easy going and nobody ever paid. Recently these sharks have taken over, we didn't realise this and that's no defence. I tried contacting the retailer to be told they have no control over the carpark ! 

The road that leads to this carpark also serves other businesses and residential areas, the ANPR is overlooking the entrance to the carpark and images have been provided of the vehicle allegedy entering and leaving some 20-odd minutes later. I've appealed to ECP (without naming the driver) asking for proof the vehicle was actually 'parked' and not simply using that access road to go elsewhere. This is probably a thin defence and as expected they've rejected it with a POPLA code. The other mitigating point is that my partner has a rare neurogical condition that causes severe head pain if out in the cold for any prolonged period, I've since visited the site and can guarantee that standing in the freezing cold trying to read the near illegible signage would cause severe discomfort. I've swallowed the 'newbies' thread and am still unsure on what grounds to start the POPLA stage. Any advice greatly appreciated. Thanks

Coupon-mad

I wouldn't try POPLA at all. Ignore it and defend a court claim instead. Sooo much easier and likely to work.

Gr1pr

And meanwhile try plan A,  complaining about the PCN to the retail park management company or landowner,  especially if M&S are mere tenants 

Tiarde

I did try the POPLA route and had an email that the 'operator has withdrawn the appeal and the parking charge cancelled' It's very poorly worded and really doesn't make sense, but anyway that's a win !

If anyone is interested;

I asked for details of the carpark boundaries & where their jurastiction begins and ends, also proof that the vehicle was actually parked and not merely using the access road. Also I asked for details of the agreement between them and the land owners and on what basis the charges were decided.

Gr1pr

Excellent news,  they chickened out  !