Need advice please

Singularity1991

I have recently received a PCN from Civil Enforcement, driver overstayed in the parking for 5 minutes (paid for parking till 13:53 left at 13:58). Driver made the payment within 10 minutes of arrival as indicated on the signs (payment made in 8 minutes to be exact). My appeal has been rejected by CE.

I want to appeal to POPLA on the following grounds;
1. No mention of date the notice was sent to me, there is only mention of issue date (violation of POFA paragraph 9 subparagraph 2 (i)
2. On the front page of the PCN I have been given 28 days to complete payment from the date of issue of the notice. (violation of POFA paragraph 9 subparagraph 2 (f)) Although, on the back it mentions that I have 28 days from the day after the date on which this notice is given. Again, there is no mention of a date when this notice is given/posted.
3. Driver overstayed in the parking for 5 minutes (proof of payment via Ringo app available), and as such the fine imposed does not justify the amount of extra time spent in the car park and loss of income to the company. This is an unjust and cut-throat method to harass and rob people out of their hard-earned money.

Is it ok to submit an appeal as above. Will really appreciate any advice. Date of issue was within 3rd week of March.

Many thanks.

Coupon-mad

Nope - forget POFA - just appeal to POPLA with the RingGo app screenshot and photo proof of the sign t&cs which give a '10 minute consideration period' to pay on arrival.

State that you fully complied with the sign which does not say that the time will then be backdated from arrival (before the ten minutes started). In fact, giving a published ten minute consideration period before paying to park implies the opposite: that the time starts once the app parking period starts. Then you left within the mandatory (BPA CoP) 10 minute grace period. Whilst the Joint Code fudges this by disingenuously saying that consideration periods 'can be' less than stated in the Annex table once there is evidence that the driver parked/paid, the parking period started eight minutes after arrival, due to the reasonable time needed to download and use the app. And that is expressly allowed by the sign.

DO NOT USE THIS PHRASE:

"Driver overstayed in the parking for 5 minutes"

TJ71271

How do I stand if Civil Enforcement keep sending me standard response when I ask for POPLA appeal number.  They wont give me a reference to appeal ?

The van is a hire van and we never received the parking fine (from either the rental company or Civil Enforcement.  First we heard was a letter with a request to pay £140.

The latest response was "The Parking Charge Notice has been passed on to a debt recovery agent.  All further queries, including payments, must be directed to them. 

Gr1pr

TJ61271

Please start your own thread,  as per the mse forum rules,  thank you