PCN Issued While Queuing to Exit Gridlocked Car Park

Umkomaas

My next step is to escalate the appeal with POPLA. Any tips or things I need to know?

The NEWBIES FAQ Announcement, post number THREE, is the place to start. Near-template appeal points to include in POPLA submission.

Coupon-mad

Can you evidence the gridlock (without implying who was driving of course). POPLA will only look at evidence … but if the NTK was non-POFA then that is your 100% win. That's the keeper's first point.

Not_A_Hope

If your appeal to the PPC fails you can win this at POPLA on at least two counts. The NtK is too late (more than 14 days) to hold the keeper liable, nor does it attempt to invoke liability on the keeper. The ‘look-alike’ PoFA warning states they will be pursuing the driver. As long as you do not indicate who the driver was (be careful with any wording in correspondence with them), you should get this cancelled at the POPLA stage. 

You could have included nonPOFA compliance in your appeal to the PPC. As they cannot hold the registered keeper accountable and you haven’t at any point identified the driver your POPLA appeal should include non-POFA and result in a successful appeal

UpDownStrange

https://forums.moneysavingexpert.com/discussion/comment/81887041#Comment_81887041

I have a ~10 sec video I took at the time that shows the gridlock which I will include in my appeal (or screenshots if they don't allow video files).

UpDownStrange

https://forums.moneysavingexpert.com/discussion/comment/81887290#Comment_81887290

The PCN was issued to the vehicle owner who then transferred the liability to me and in doing so named me as the driver.

Coupon-mad

Oh no. Why? That threw away the 100% win.

😞

UpDownStrange

https://forums.moneysavingexpert.com/discussion/comment/81888066#Comment_81888066

It's unfortunate but why does it matter in this case? If my case is solid, which people seem to agree it is, should I not win the appeal regardless of whether I was the driver or not?

Jame4ters

https://forums.moneysavingexpert.com/discussion/comment/81893303#Comment_81893303

Because whilst POPLA is better than IAS it isn’t a true independent appeals procedure as you can see from the various threads on this forum

UpDownStrange

I returned to the scene of the "crime" to snap a pic of the sign. Anything here that I should mention in my POPLA appeal? Appreciate all the help so far and thanks in advance for any further guidance! 😊

Coupon-mad

I don't think it helps either way. Useful to see though.

Because the 100% win has inadvertently been thrown away, your case will totally hinge upon proving the gridlock. Assuming landowner complaint has been completely exhausted first because it only takes a second for a retailer (or the property site agents) to cancel it.