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POPLA Appeal Help

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wrighteye1
wrighteye1 Posts: 24 Forumite
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edited 4 September 2017 at 4:54PM in Parking tickets, fines & parking
A couple of months ago we received a parking charge notice while parked at Meadowhall shopping centre. With hindsight, after reading the newbies post, and probably using common sense we should have taken a photo of where we were parked and appealed to the shopping centre management as the ticket was for "parking in a restricted area" which we weren't, we were just parked in a "standard" bay, but we didn't so this is where we are.
Approximately 6 weeks after the ticket we received the notice to keeper to which we replied and appealed using the BPA template letter on this site, the parking company, CP PLUS Ltd, is a member of the BPA.
A couple of weeks after that we received an email asking us to confirm the name and address of the driver, which we declined to do.
A couple of weeks after that we received an email saying the appeal had been rejected, which is at the bottom of this post (with some links removed to allow me to post) and providing us with a POPLA verification code.
My main question is is it too late to appeal regarding the nature of the notice, i.e. that she wasn't parked in a restricted area and is the onus on them to prove that she was, do they need to have photo evidence or should we have it.
Any advice on this and the best way to word the POPLA appeal would be gratefully received,

Thankyou.

"Thank you for your email regarding the above Parking Charge Notice (PCN).

I have carefully reviewed the case and have considered the points that you raised. Unfortunately, I cannot cancel the PCN and it is still payable. I have explained my findings in more detail below.

My findings

The site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued.

Internet templates

I must also stress that simply sending in standard template responses, most likely obtained from the internet, will not resolve the matter. In addition, I would recommend that professional legal advice be sought on this matter as an alternative.

Signage

The signage on site is sufficient and is in line with the guidelines laid down by the British Parking Association (BPA).

The majority of motorists who park at the site do so without receiving a PCN. This is undoubtedly due to the fact that they are aware of the terms and conditions of the site. If, as you claim, the signage was inadequate, the terms and conditions of the site would be unknown to the majority of drivers and many more PCNs would be issued here.

What you need to do now

You now have three options to choose from:

1) Pay the PCN at the prevailing sum of £120.00 by 08/09/2017. Payment can be made online or by phone. Go to or phone 0208 528 4122. You can find full details of how to pay on the PCN issued to the vehicle and/or on the letter(s) sent if applicable.

2) Make an appeal to POPLA (Independent Appeals Service) by appealing online at (verification code: ). The only grounds for making an appeal are stated on the website and to be considered the appeal must be received by POPLA within 28 days of the date of this correspondence. Please note that if you opt to appeal to POPLA and the appeal is unsuccessful you will be only able to settle the PCN at the full amount of £120.00.

3) If you choose to not make payment or appeal, the amount outstanding may be sought via a debt recovery company and/or court action where further costs may be incurred as a result.

More Information

By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above."
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    the keeper has 28 days from the rejection to appeal to popla

    so if there is still time to do a popla appeal, draft one up using post #3 of the NEWBIES sticky thread as a guide

    the "my findings" and £120 has probably come from DRP acting as the back office for CP PLUS

    dont believe all they say
  • Edna_Basher
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    Check out this ongoing Meadowhall thread

    http://forums.moneysavingexpert.com/showthread.php?t=5689146&highlight=meadowhall

    You've done the right thing not to reveal who was driving and as long as your POPLA Code has not expired, a keeper's "appeal" to POPLA should win on the basis that CP Plus and Debt Recovery Plus (who issued the Notice to Keeper on behalf of CP Plus) did not comply with Schedule 4 of POFA. Stating a Parking Charge of £120 on the Notice to Keeper when the original Parking Charge on the Notice to Driver was only £80 is an obvious POFA fail.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    main question is is it too late to appeal regarding the nature of the notice, i.e. that she wasn't parked in a restricted area and is the onus on them to prove that she was, do they need to have photo evidence or should we have it.
    She (appealing and wording it carefully, only as the registered keeper, of course) can add whatever she likes to the POPLA appeal, whether or not it featured in the original appeal.

    Just don't ad lib stuff that implies who was driving. Copy another CP Plus one from recent weeks if there is one on here, or put together the templates from the NEWBIES thread post #3 and show us.

    Her first point will be 'no keeper liability' (as the NTK was far too late and non-POFA in wording)

    then 'appellant not shown to be the individual liable (driver)'

    then 'no evidence that the car was parked in a restricted space' (written by you from scratch, careful with wording though)

    then unclear signage; then no landowner authority, both from the templates in the NEWBIES thread.

    then
    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
  • wrighteye1
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    Thanks for your replies, I'll post a draft of my appeal on here when i've done it.
  • RobinofLoxley
    RobinofLoxley Posts: 296 Forumite
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    edited 4 September 2017 at 5:18PM
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    Please edit your original post to remove anything that might identify the driver such as 'my wife', 'she' parked etc.
    Use 'the driver' instead.
  • wrighteye1
    wrighteye1 Posts: 24 Forumite
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    edited 10 September 2017 at 12:38PM
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    I am the registered keeper and the driver doesn't work at Meadowhall. The driver had parked there to do some shopping. There is no maximum stay duration in the car park, the shopping centre opens at 9am and the PCN was issued at 9.03.
  • RobinofLoxley
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    OK, you should also edit your last post, remove the first sentence re your wife and just put 'I am the registered keeper'.
  • wrighteye1
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    Coupon mad suggests my first point of appeal should be 'no keeper liability' (as the NTK was far too late and non-POFA in wording) however the initial PCN was issued on the 12/06 and the NTK was issued on the 20/07. I thought they had between 28 and 56 days to issue the NTK, if so then aren't they within the time frame?

    Thanks.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    Check out this ongoing Meadowhall thread

    http://forums.moneysavingexpert.com/showthread.php?t=5689146&highlight=meadowhall

    You've done the right thing not to reveal who was driving and as long as your POPLA Code has not expired, a keeper's "appeal" to POPLA should win on the basis that CP Plus and Debt Recovery Plus (who issued the Notice to Keeper on behalf of CP Plus) did not comply with Schedule 4 of POFA. Stating a Parking Charge of £120 on the Notice to Keeper when the original Parking Charge on the Notice to Driver was only £80 is an obvious POFA fail.

    The above explains why the NTK is flawed, as it fails to repeat the info in the PCN (and yes you are right, wrighteye1, it arrived in time if there was a windscreen PCN which I didn't realise was the case).

    It's not just about sending any old thing in time, though!
    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
  • RobinofLoxley
    RobinofLoxley Posts: 296 Forumite
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    edited 5 September 2017 at 1:14AM
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    wrighteye1 wrote: »
    Coupon mad suggests my first point of appeal should be 'no keeper liability' (as the NTK was far too late and non-POFA in wording) however the initial PCN was issued on the 12/06 and the NTK was issued on the 20/07. I thought they had between 28 and 56 days to issue the NTK, if so then aren't they within the time frame?
    Thanks.

    I think Coupon-mad may have got mixed up a bit there, probably missed that the car had a NTD windscreen ticket. You're right the NTK does appear to have been sent within the correct time frame.

    Nevertheless there is an issue with the NTK as it's been issued by Parking Collection Services (AKA debt Recovery Plus) and they've bunged on another £40 on top of the £80, increasing the parking charge to £120.00. This is a big no no.
    Section 19.5 of the BPA's CoP says a parking charge should not be more than £100. Also for the NTK to be valid in respect of POFA 2012 Schedule 4 certain conditions must be met. Paragraph 8(2)(d) of the schedule states that the information in the NTK should be the same as specified in the NTD (paragraph 7(2)(c)). The charge specified on the NTK should be £80. This makes the NTK invalid in respect of POFA 2012.

    If you haven't done already download the BPA's Code of practice (link below).

    http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

    Familiarise yourself with it. All members of the BPA's Approved Operator Scheme (CP Plus are) are governed by and must comply with the COP.

    In the COP Appendix C there are all the relevant parts of POFA 2012 Schedule 4. Study this, in particular Paragraphs 6,7 & 8 which refer to NTD's and NTK's.

    In your POPLA appeal points, explain to the assessor all the aspects of the BPA's CoP and POFA 2102 where CP Plus have failed to comply. To help, copy and embed the relevant extracts from the CoP/POFA into your appeal points so the assessor can read them, no links.
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