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POPLA appeal - P4Parking PCN during unloading at residential development

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Comments

  • sh44ggy
    sh44ggy Posts: 15
    10 Posts Name Dropper
    Forumite

    I've now finished writing my POPLA appeal. It ended up at 34 pages (around 8,000 words). I appreciate all the help and guidance I've received on here over the past few weeks—it has genuinely shaped the appeal.

    In summary, its grounds cover:

    • Failure to properly consider the initial appeal and reliance on undisclosed "third-party information".
    • The vehicle was unloading, not parked (Jopson, Jane Packer Flowers, GPS, POD and business records).
    • No contract capable of being formed because material contractual terms were never communicated before acceptance (CRA 2015 / CMA37).
    • The alleged concierge permit requirement was never communicated until after the PCN was issued.
    • Inadequate, contradictory and misleading signage, assessed from the perspective of a first-time delivery driver and against the BPA Code.
    • The operator's authority and standing, including ambiguity over who the contracting party actually is.
    • The operator's adoption of official-style Red Route signs and road markings whilst attaching materially different private contractual consequences.
    • POFA Schedule 4 paragraph 9(2)(a), putting the operator to strict proof of the alleged "period of parking".

    The appeal also includes GPS evidence, Proof of Delivery, dashcam footage, correspondence with the landowner, BPA Code extracts, POPLA guidance, the Traffic Signs Manual and the relevant authorities.

    I'm not sure if I should post the full appeal publicly before POPLA has reached a decision, but once the case is concluded, I'd be happy to upload it if people think it could help others facing similar residential delivery cases.

    Thanks again to everyone who contributed along the way. Hopefully, I've managed to pull all of the advice together into one coherent submission.

  • sh44ggy
    sh44ggy Posts: 15
    10 Posts Name Dropper
    Forumite
    edited 16 August at 3:21PM

    Great news.
    After approximately 8 hours from submission at 3:45 am on Sunday P4 Parking withdrew the appeal at 12:00 on the same day.

    POPLA - Your appeal has been withdrawn - Appeal Verification Code xxxxxxxxxx

    Dear Mr P,

    The operator has contacted us and told us that they have withdrawn your appeal.

    If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

    If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

    Kind regards

    POPLA Team

    The appeal letter will follow in a shortwhile when I redact the relevant data.
    Again, massive thanks to everyone, especially to @Coupon-mad for your involvement and knowledge!

  • sh44ggy
    sh44ggy Posts: 15
    10 Posts Name Dropper
    Forumite
    edited 16 August at 7:28PM

    Link to redacted PDF file

    POPLA Appeal letter

    Evidence bundle

    image.png
  • Coupon-mad
    Coupon-mad Posts: 166,298
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite

    Great news! Made it too hard for them.

    🤣

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