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ECP - 25mins over - appeal failed

2

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  • waamo
    waamo Posts: 10,298
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    Guys_Dad wrote: »
    So no one would ever lose at POPLA then?

    You have to do more than say the signs were not clear or up to standard. You have to have some photographic evidence.

    As coupon-mad says, you need to add the other relevant technical points as well.

    I wasn't suggesting a single appeal point should be used. I was replying to a now deleted post that suggested telling POPLA the signage is poor was somehow fraudulent.

    For the sake of clarity I agree multiple appeal points should be used.
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    Tarambor's post has gone, peace is restored. Now we await Bentles' draft POPLA appeal.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Bentles
    Bentles Posts: 12 Forumite
    My job for my days off this week.
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    Helping people here is what I usually do on my days off! :D
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Bentles
    Bentles Posts: 12 Forumite
    Right, I've been looking at this all day, and whilst I consider myself to be relatively intelligent, the information needed is all over the place. It also seems that any time someone asks for help they get a fair bit of stick from forum members. I'm just going to have to pay this bloody thing aren't I :(

    problem points that I cant find a related POPLA appeal:

    1) not the registered keeper
    2) already admitted I was driving
  • Redx
    Redx Posts: 38,084
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    edited 15 May 2018 at 4:30PM
    there will be many , plus others where you remove anything about being the keeper and anything about POFA2012

    SO YOU REMOVE THOSE IRRELEVANT POINTS from any one of dozens of recent popla appeals, and you are left with appeal points such as

    NO LANDOWNER AUTHORITY
    POOR AND INADEQUATE SIGNAGE
    NOT THE SAME AS BEAVIS
    ANPR failures
    any BPA CoP failures

    etc

    ps:- post #6 in this recent thread https://forums.moneysavingexpert.com/showthread.php?t=5843092 tells you what to search for

    then find and adapt one by removing the irrelevant parts and renumbering
  • Redx
    Redx Posts: 38,084
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    in which case alter your draft and change the http to hxxp in each link and post the amended draft for critique

    none of this is difficult if you just think of ways to divert around each roadblock ;)
  • Bentles
    Bentles Posts: 12 Forumite
    Vehicle Registration: xxxxxxxx
    POPLA Ref No.xxxxxxxx


    I wish to appeal the PCN relating to the above on the following grounds:

    The minimum grace period was not allowed by the operator
    The signs in this car park are not prominent, clear or legible
    No evidence of Landowner Authority

    and then a copy and paste of each point from the popla thread.
  • Redx
    Redx Posts: 38,084
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    edited 15 May 2018 at 6:11PM
    I believe they have allowed the minimum grace period, there are actually TWO grace periods, one before and one after (see clause #13 of the BPA CoP)

    the first one isnt specified but is generally considered to be between 5 and 10 minutes to park up , read the signs , pay if required and comply

    the second one is OVER 10 MINUTES TO DEPART

    so as the time period you quoted is over say 21 minutes then an overstay is indicated UNLESS the driver spent more time looking for spaces to park (like the ivor pecheque court case at Altrincham court for Fistral Beach a couple of years ago) - hint ; and was prevented from leaving by queuing traffic etc (hint) - definitely not from remaining onsite to charge any devices - that idea fails miserably

    SIGNAGE ETC - DEFINITELY GO TO TOWN ON SIGNAGE

    NO LANDOWNER AUTHORITY - DEFINITELY GO TO TOWN ON THIS

    where is the NOT THE SAME AS BEAVIS point ?

    where are any BPA CoP failures apart from clause #13 ?

    where is the ANPR issues paragraph ?

    and where is the DPA / ICO paragraph regarding data protection ?
    ICO ANPR surveillance camera CoP (search the forum for that one)
    like recently explained in this thread below
    https://forums.moneysavingexpert.com/showthread.php?t=5840250

    perhaps use this one and remove the hirer/keeper issues and POFA2012 paragraphs , then adapt the rest and add anything else, renumber the points and add them as a bullet point menu , then proof read it too

    https://forums.moneysavingexpert.com/showthread.php?t=5760529
  • Bentles
    Bentles Posts: 12 Forumite
    Bevis is def mentioned but It won't let me paste in here.

    I've updated with the following.

    Vehicle Registration: xxxxxxxx
    POPLA Ref No.xxxxxxxx


    I wish to appeal the PCN relating to the above on the following grounds:

    The minimum grace period was not allowed by the operator
    The signs in this car park are not prominent, clear or legible
    No evidence of Landowner Authority
    No Evidence of Period Parked
    The ANPR system is neither reliable or accurate
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