Is an appeal likely to succeed?

piggywinkler

@Coupon-mad Here are some screenshots of the parking notice. The photos are time stamped at 10:45 but the notice is for 13:59. My gps evidence is the driver’s drive home from the location using some software called Teslamate. Bit of a faff to share that so kindly take it as read.

Thanks for your help!

Coupon-mad

LOL, I've never seen that error before! Should be a shoo-in. I cannot believe that you could possibly lose at POPLA with that major error clearly evidenced! Teehee.

Paul-T951

Good luck and I hope you succeed, I’m sure you will with these people helping out they're the best, honestly. These firms don’t deserve a penny of your money. One request though, please try not to park like such a twit in future. That’s some shocking parking right there! 

piggywinkler

Thanks @Coupon-mad your comments give me some confidence we can wriggle out of this.

@Paul-T951 It wasn’t me and I’d better not name the driver but I’ve had words with the person in question!! Thanks for saying twit and not the other word 😉

piggywinkler

Hi,

Received a reply from the parking company who say the PCN has been issued correctly. I’ll past their response in the next comment to keep it separate and to avoid confusion. 

Is it now worth a POPLA appeal? If they reject it then will I be obliged to pay the full invoice and not the reduced invoice?

Thanks for any advice!

Coupon-mad

Of course not!

Nobody pays a penny even if they lose at POPLA. But you won't lose.

piggywinkler

So I'm looking to do the POPLA appeal and would appreciate advice please.

Would you think the appeal would be successful simply because the PCN has the incident time at 13:59 and by this time my vehicle was parked in the garage at home? So effectively a technicality that shows the PCN is invalid, regardless of the time stamps on their photos?

Should I select "I was not improperly parked" or "Other" ?

Thanks!

Car1980

I'm confused why you have a Parking Charge Notice when it should be a Notice to Keeper.

POFA 2012: The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.

And "as the parking charge has not been paid in full, the parking charge remains outstanding" would imply a Notice to Driver was affixed to the vehicle and not paid within 24 hours, which is untrue as this is the first notification of any charge.

The large £100 charge demand within 28 days in the top right also implies £100 is due now and no discount is offered as there is implication of a previous notice where a timescale for reduction was missed.

Another implication is that you could leave payment until pay day in 3 weeks time and suffer no disadvantage as the £40 discount is unclear.

Multiple breaches of the CRA 2015 IMO.

Coupon-mad

piggywinkler said:

So I'm looking to do the POPLA appeal and would appreciate advice please.

Would you think the appeal would be successful simply because the PCN has the incident time at 13:59 and by this time my vehicle was parked in the garage at home? So effectively a technicality that shows the PCN is invalid, regardless of the time stamps on their photos?

Should I select "I was not improperly parked" or "Other" ?

I don't understand the question!

We hope you'll already know from reading the 3rd post of the NEWBIES thread which box to tick for POPLA appeals and additional (already written) appeal points to make (after the main one about the error in the NTK/PCN).

You certainly DON'T admit to driving.

piggywinkler

So POPLA have now replied with the evidence from Premier Park and I am invited to comment.

Their evidence takes the form of three PDFs.

The first is 5 pages long and seems to be a standard document showing that Premier Park have authority from the landowner to enforce parking control and issue enforcement notices. Interestingly, all the signatures have been redacted so they cannot be deciphered.

The second is 53 pages known as a signage pack. Basically it appears to be 53 pages of photos of the site and signage timestamped in Sept and Oct 2022.

The third document is 12 pages long and pertinent to my case. Mostly boiler plate arguments against any discrimination according to the Equality Act and stating that their signage is good.

The only real argument I can hang onto is this. Despite the PCN stating:

”We have issued Parking Charge 3354022 to your vehicle because on the 19th August

2025 at 13:59 it was parked on private land in breach of the terms and conditions of

parking at Grand Junction, Earle Street, Crewe, CW1 2AQ, making the driver liable for a

Parking Charge. ”

They are now changing their stance to “We are not stating the vehicle was parked at 13:59”, they are saying that 13:59 is the time their operative submitted the evidence onto their system.

Any advice on what comments I should send to POPLA on Premier Park’s evidence? If I simply say that the PCN states the vehicle was parked at 13:59 and that now Premier Park are saying otherwise then does that make the PCN “invalid” and will POPLA uphold my appeal?

Many thanks!