Appealing through POPLA

Unilass · 7 December 2019 at 2:05AM

Hi all,
I'm extremely stressed and wish I had done my research first.

On the 11th November, I was driving to university and my exhaust broke so it was dragging on the floor, I was running late for uni so parked in the nearest car park on the university grounds.

I have a flexi pay permit so I buy tickets in bulk and search off the days as and when I need them (I'm rarely at uni as I'm on a part time basis). I went to my lecturer and only realised on walking back to my at that the car park was for staff only, there were no signs on the wall in the bay I parked in. I breathed a huge sigh of relief when I didn't see a notice on the window, however 2 days later my mum received a letter (the cars in my mum's name as she recently gave it to me but I haven't got round to swapping the name on the logo book).

After calling my break down recovery assistance, they explained I would need to drive out of the multi storey car park so I found another car park not far from where I originally was in order for my car to be towed away.

I wrote an appeal, explaining that I was driving the car and stated my name and the fact I was unaware that it was a staff car park and that I had displayed a permit.

My mother received another letter to say the appeal had been rejected and now I must go through POPLA. I'm frustrated because they are still involving my mum and I don't think ignorance is going to be a strong enough case. I have a receipt from the garage from the following day as I wasn't towed away until late in the evening so the car was left at the garage overnight. Everything with the break down company was done electronically but I'm going to call them tomorrow to try and get paper evidence as I have no evidence myself to prove the car was towed away. it's stressing me out as don't have money for this and it says in the letter if I go through POPLA, I will use to pay the full amount £70 for the fine.

Do you think me breaking down is a strong enough case or should I just bite the bullet and pay the fine? I don't want to get my mum into trouble and I don't want a criminal record.
Any help will be greatly appreciated.

Coupon-mad · 7 December 2019 at 3:10AM

I wrote an appeal, explaining that I was driving the car and stated my name and the fact I was unaware that it was a staff car park and that I had displayed a permit.

Did you give your name?

Did you give your postal address?

Then the rejection letter went to YOU not your Mum, surely?

Do you think me breaking down is a strong enough case

You should get the Uni Facilities or Site Managers/Parking Team to just CANCEL IT due to the breakdown because you can't use that alone to win at POPLA.

or should I just bite the bullet and pay the fine?

Don;t be daft!

I don't want to get my mum into trouble

She isn't.

and I don't want a criminal record.

Wow, they really have scared you, this is not a criminal matter!

WHO has got the POPLA code in their name? I really hope it's your Mum and that she can prove that you appealed in YOUR name as driver, thereby making her not liable and the PCN will have to be cancelled.

The_Deep · 7 December 2019 at 10:58AM

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]
[/FONT][/FONT] [FONT=Times New Roman, serif][FONT=Times New Roman, serif]also read MC22 here[/FONT][/FONT]
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]
[/FONT][/FONT] [FONT=Times New Roman, serif][FONT=Times New Roman, serif]https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx[/FONT][/FONT]

Fruitcake · 7 December 2019 at 12:17PM

If the driver appealed giving their name and address for service, but the scammers are still going after the keeper, then a complaint should be made to the DVLA from the keeper.

Complain to the landowner as already advised and tell them the scammers have breached the BPA CoP and they, the Uni, are jointly liable so they should instruct the scammers to cancel the charge as a result.

Unilass · 8 December 2019 at 10:49AM

Thank you so much for responding.
WHO has got the POPLA code in their name? I really hope it's your Mum and that she can prove that you appealed in YOUR name as driver, thereby making her not liable and the PCN will have to be cancelled.

My Mum has the POPLA code as I named myself as the driver but didn't give an address, I'm living at home.
I'm going to get in touch with the uni and see if they can help.
I am worried because I'm already struggling to make ends meet as it is and this is just another added pressure.

Fruitcake · 8 December 2019 at 1:02PM

There is no reason why this cannot be appealed at PoPLA by The Keeper since the PPC don't know the address for service of The Driver.

The Keeper has protections in law that The Driver does not.

You can do all the legwork if you want as long as it is The Keeper's name on the appeal. The Driver can be identified at a later date if you wish, but there is no need to do it now, especially if the NTK is non-PoFA compliant.

Get pics of the site and signage, and also compare the NTK with the strict wording of the PoFA to see whether the keeper can be held liable or not.

You can post the redacted NTK here if you want us to look at it.
Upload redacted images to a web hosting site such as Postimages, Tinypic, Dropbox etcetera, then paste the URL here but change https to hxxps. Someone here will change it back to a live link for you.

Normal appeal points will include at least,

Non PoFA complaint NTK
Inadequate Signage
Not the landowner
No standing (no valid contract) to issue charges in their own name
Grace periods if overstay was 20 minutes or less
Frustration of contract because of the vehicle breakdown.
Stopping as opposed to parking (Jopson vs Homeguard applies)

My advice therefore is to appeal as keeper and not to reveal the driver's identity.

Unilass · 8 December 2019 at 3:16PM

Ok I will get my Mum to appeal.
The problem is because I had a lecture, I parked for longer than 20 minutes and then had to wait for the tow truck but I had to move out of the car park in order to get towed. I'm just awaiting evidence from my Breakdown Recovery Assistance and then will draft a letter. I will also try and get some photos of the car park and signs.

Unilass · 9 December 2019 at 2:47AM

I have no background in this and seeing how you really need to know the law, plus living an hour away from the uni means I'll have to drive down there to get pictures of the signs. I caved and tried to pay the fine as I am losing sleep over this. However, when I tried I got an error page and I tried three times so appealing seems to be the only way forward. I am still awaiting evidence from the Breakdown Recovery Assistance I used which was a free service provided by my bank. I have drafted a letter and I have looked for templates that I understand and relate to my circumstance but I can't find any. (I know I am probably looking in the wrong place and I feel really stupid as it is)

Anyway, this is an unedited version I just wrote down the thoughts that came into my head about my issue, any help on making it sound like someone who knows what they're talking about will be greatly appreciated.

On the 11th of November I incurred a parking charge. I have written an appeal to the Car Parking Partnership and named the driver. However, I have still received a letter to say that the appeal was rejected as I am the registered keeper but no mention of the driver was in the rejection letter.
I have been informed by the driver that a flexi pay permit was used in order to park for the day, as she was unaware the multi storey car park was for staff only and thought that like other car parks in the vicinity that certain bays were reserved and those with no sign were for use of the general public. The driver also fears that if a permit had not been used that she would have had to look for a parking payment machine and may have been aware that the parking was not for general use but unfortunately due to an honest mistake that was not the case.
Also, on the road leading up to the car park, the exhaust of the car broke causing the car to make a loud sound and the driver parked at the multi storey car park as it was the nearest location.
The driver called breakdown recovery assistance and was told that assistance was to be provided, and in the meantime to go about their daily life which included going to lectures on that day.
The driver displayed the flexi pay permit for the day (see attached evidence) After 2 and half hours, the driver received a call explaining that the tow truck would be unable to assist in a multi storey car park and that if it was safe to do so to drive to a more convenient location, the driver was hesitant to do that in fear that in doing so would cause more damage to the car. The recovery service then called her directly saying if there was a flat car park nearby within a 5-minute drive, it would be safe to drive there and with that the driver, departed from the multi storey car park and parked near the sports hall and athletics field where the car was towed away (Please see evidence enclosed).

The driver is not a criminal and has been very anxious about the whole ordeal, the car broke down and the driver found the most convenient place to park.

Redx · 9 December 2019 at 8:29AM

Popla base their decision on legal arguments , not any story , plus this is a civil matter , not criminal , it's just an invoice

If the popla code is in mum's name , she must appeal it , not you

If she named the driver then the parking company should have issued the PCN again to the driver , but the name and address should have been given , but wasn't

Which parking company issued the PCN ?

MistyZ · 9 December 2019 at 10:46AM

I think fear is making all this a lot more complex than it should be.

The fact that the car was parked where it was because it was dangerous to drive is a key reason for complaining to the University. If you allow yourself to get too anxious you won't even be able to locate the right people to complain to!

How long before the POPLA deadline? Put that in your calendar. Then phone the uni, cool as a cucumber, explain the situation and ask who you need to talk to. Coupon-mad has already suggested Uni Facilities or Site Managers/Parking Team, so ask if these are the relevant departments or if there are other people who may be able to help. Have a 'script' ready to read from - one which clearly outlines what happened without any 'sorries'.

Get email addresses if necessary but be prepared to talk to people, 'talk' as in 'I'm not dropping this, it's clearly unfair / cancellation is essential'.

Please don't lose sleep over this. You can get a bit of help with a POPLA appeal here if it is necessary, but meanwhile, dogged determination to get the university to shape up and sort it out is required. Don't ask = don't get.

Is the car park shown on Google Street View? Screenshots of signage etc. from there are great for embedding in POPLA appeals.

Unilass · 10 December 2019 at 7:33PM

Thank you for responding.

Redx wrote: »

Which parking company issued the PCN ?

Car Parking Partnership.

I have contacted my uni and I am still waiting for a reply back from them.

Thank you MistyZ, I am very fearful and I am trying to take a step back and remain calm but your advice is appreciated and a good reminder.

I was issued the letter on the 3rd December informing me that my original appeal had been unsuccessful so until 31st December.

Appealing through POPLA

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free