appeal rejected by parkingeye, any chance to win in POPLA?

nitaa · 21 September 2018 at 2:03PM

I parked in a private car park next to the beach(i do not know the land owner), take my kids to play around.
I paid for 3 hours and the ticket showed started from 11:10, I went back to the car park just about 14:10, then settled my kids in car and left.
PCN received 1 week later, it has 2 camera photos of my car entering and leaving the car park, time shows 11:02 to 14:15. 13 minutes over parked.
I remembered I did queue for a few minutes at payment machine, that is why my ticket shows 11:10 (but compared the exit time still 5 minutes over parked), I did not expect car park counts time at exit (loading the sand toys and a beach tent, settle 2 kids in the car then drive out does need a few minutes, I definitely got back to my car in time)
I appealed to parkingeye about the ticket, they rejected me, I wonder how much chance I can win at POPLA, any experienced person can give some advice? Thanks.

Umkomaas · 21 September 2018 at 2:34PM

You can win at POPLA if you get your appeal written well. You need to ensure you argue 'Grace Periods' and read the BPA Code of Practice section 13 to understand that there is a Before and an After Grace Period.

https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf

You should also read the NEWBIES FAQ sticky, post #3 which guides you through the POPLA process and includes for your use a number of template appeal points to build your own appeal.

You might also want to read carefully the following very recent thread where POPLA rejected PE's case in favour of the appellant - the main reason is likely to be very apposite to your case.

https://forums.moneysavingexpert.com/showthread.php?p=74817683#post74817683

Also do some forum searches on keywords 'PE POPLA' and read some of the cases both won and lost, so you can pick out the best points and avoid any unnecessary errors in your appeal.

HOW TO USE THE FORUM SEARCH FUNCTION:

Use the Forum Jump button (one near the top and one near the bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.

Let us see your draft before submission for critique. Don't miss your POPLA deadline.

Which parking site was this at? Tower Road Newquay?

pogofish · 21 September 2018 at 2:37PM

If only we had a sticky thread that answered all of this kind of question..!

nitaa · 21 September 2018 at 2:55PM

thanks for the quick reply, it is at Colne Road, Clacton-on-Sea car park., I will follow your suggestion to prepare carefully before take any action. I just received the reject email today, and it does not mention the deadline of making POPLA appeal.

nitaa · 21 September 2018 at 4:59PM

After reading Code, Q&A, the successful case and some other PE cases I searched in forum; I think the key appeal point for my case will be grace period, 1 other supporting point could be :
The ANPR System is Neither Reliable nor Accurate -- from the long template section 7(sorry I am not allowed to post any link as new user).
A few more questions
1. Shall I make my statement short and neat and no need to be desperate long as template?
2. Shall I mention the adjudicator/code of the recent successful case as a reference to increase the win chance?
3. I visited clacton-on-sea car park for holiday, it is impossible for me to go back there and check any inadequately statement in their displayed T&C, shall I not mention any sign issue? (I am pretty sure it does not say charge from the moment of enter, but I did not have any photo evidence. However BPA Code 13.2 grace period before parking can cover enter time 11:02am to ticket time 11:10am)
4. I did mention I was the legal keeper and driver in the first PE appeal, do you think there is any negative impact to my case? Does POFA 2012 not apply to my case?
I have never been involved in POPLA parking appeal before, please ignore any silly question. Thanks a lot.

serenab · 21 September 2018 at 5:22PM

I can not seem to work this website correctly.....sorry to reply to your query with one of my own. I have tried to start a new thread and it just says on each forum that not accepting threads.

I have two parking notices - do not know if I am using the correct terminology. Both private companies. I had legitimate reasons for each (long stories)

I at first ignored letters (several hospital staff members gave me this advice) I have carried on ignoring one but I did appeal the other as the letters were coming to thick and fast. My appeal was rejected with both ParkingEye and POPLA.

I am now receiving debt and court letters and have began to get stressed

I was acting with good morals both times, however they only seem to work in black and white. I feel like I should have just paid the fines as soon as I received the first letters. I however chose to ignore/fight them on principle. The first one from North Manchester I had actually bought a ticket but after they had booked it!!!!

Basically after all that (& I have actually kept short as not explained the situations)
I am wanting to know if I can be taken to court etc........it seems that the common rumour is that unless council they can not actually do anything, but receiving all these letters is not good!!!!!!

Please can someone clarify stuff for me

thank you in advance

Redx · 21 September 2018 at 5:27PM

if PE have dotted all the eyes and crossed alll the tees, then POFA2012 , whilst relevant , does not help the keeper , mainly because all PE have to do is get the NTK to the keeper within 14 days, plus inbclude the POFA2012 paragraph as well (which they probably have)

in your comments, you mention grace periods, so as there are 2 grace periods, this is your BEST argument and the first period is up to 10 minutes, the departure one is over 10 minutes

use all the usual appeal points, but if the overstay was say less than 20 minutes in total, put grace periods as number one in the popla appeal , followed by

NO LANDOWNER CONTRACT
POOR AND INADEQUATE SIGNAGE ETC

if they failed POFA2012 , make that point 1 and grace periods point 2, followed by the rest

add as many points as you can

the NEWBIES FAQ sticky thread post #3 has good info and tempolates

also read the POPLA DECISIONS thread as there was a successful case recently involving grace periods, so crib from that case

@ serenab

start your own thread

alternatively, pm a board guide like soolin or crabman and ask them to split your post into a new thread of your own

until then, you wont get any advice because this thread is nothing to do with you , but yes a private parking company CAN take you to court, google BARRY BEAVIS , he went to THREE courts

and google the nurses dispute and UHW hospital , cardiff, where INDIGO did the same with many staff members

Umkomaas · 21 September 2018 at 7:08PM

nitaa wrote: »

After reading Code, Q&A, the successful case and some other PE cases I searched in forum; I think the key appeal point for my case will be grace period, 1 other supporting point could be :
The ANPR System is Neither Reliable nor Accurate -- from the long template section 7(sorry I am not allowed to post any link as new user).
A few more questions
1. Shall I make my statement short and neat and no need to be desperate long as template?
2. Shall I mention the adjudicator/code of the recent successful case as a reference to increase the win chance?
3. I visited clacton-on-sea car park for holiday, it is impossible for me to go back there and check any inadequately statement in their displayed T&C, shall I not mention any sign issue? (I am pretty sure it does not say charge from the moment of enter, but I did not have any photo evidence. However BPA Code 13.2 grace period before parking can cover enter time 11:02am to ticket time 11:10am)
4. I did mention I was the legal keeper and driver in the first PE appeal, do you think there is any negative impact to my case? Does POFA 2012 not apply to my case?
I have never been involved in POPLA parking appeal before, please ignore any silly question. Thanks a lot.

1. As much as I dislike kitchen sink 'n all appeals, unless you're really up to speed with all this stuff and want to take a chance that you have an 'on the ball' POPLA assessor (rare bird!), then you are better giving PE plenty to deal with, and yourself a wider safety net. It may (no guarantee) encourage them to capitulate at the POPLA stage - they have occasionally done so previously.

2. Absolutely - quote it shamelessly, that's why I linked you to it. Assessor name, POPLA Code, date etc.

3. The parking sign is the purported legal contract between you and PE, so of course you question it. It is PE's job to prove to POPLA that they have a fully binding 'contract', so you question it and get them to do their job, not you effectively do it for them by not raising it v

4. If you've said that you were the driver, you've thrown away a potentially strong point, although to be fair, generally speaking, PE have Keeper Liability pretty much boxed off, so don't beat yourself up on this.

serenab · 21 September 2018 at 7:37PM

I do not know how to start a new thread - otherwise I would have

KeithP · 21 September 2018 at 7:56PM

serenab wrote: »

I do not know how to start a new thread - otherwise I would have

Please start your own thread by clicking on this blue button:

Please also delete your posts on this thread. Thanks.

Guys_Dad · 22 September 2018 at 9:30AM

The link supplies by Umkomaas is golden. Just frame your appeal around the fact that entry time and parking time bought are different and quote from the adjudication giving the adjudicator's name and case number helpfully supplies by the OP in that thread.

By all means add the other stuff, but major on the "precedent".

appeal rejected by parkingeye, any chance to win in POPLA?

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