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    • RAS83
    • By RAS83 18th Jul 18, 1:05 PM
    • 12Posts
    • 4Thanks
    Charge whilst broken down
    • #1
    • 18th Jul 18, 1:05 PM
    Charge whilst broken down 18th Jul 18 at 1:05 PM
    Hi all,

    Just a quick question. I have been issued with a parking charge overstaying the time period at a small Esso garage/services. My car battery actually died on the forecourt and I had the AA come out and get me going again.

    I've had a search but not found any relevant posts. Has anyone had any experience of appealing on the grounds of being broken down?? Or does that not make any difference to these parking companies?

    Any advice or pointing to previous relevant posts will be appreciated.

Page 2
    • RAS83
    • By RAS83 7th Aug 18, 7:51 PM
    • 12 Posts
    • 4 Thanks
    Thank you! I'm confused as to why the links are not included in that?
    • KeithP
    • By KeithP 7th Aug 18, 7:55 PM
    • 8,707 Posts
    • 8,619 Thanks
    They are not there because, like you, the poster has too few posts on MSE to be able to post links.

    The missing 'links' are easily found from post #3 of the NEWBIES FAQ sticky thread.

    In particular, this dropbox file linked from post#3 of the NEWBIES cotains all the links you need:
    Last edited by KeithP; 07-08-2018 at 8:03 PM.
    • RAS83
    • By RAS83 7th Aug 18, 8:10 PM
    • 12 Posts
    • 4 Thanks
    Ok thank you i have found the links and will include them. Are they being written just as text sufficient?

    So am i right in saying using the following 4 points will be sufficient?
    POPLA Ref <ref>
    Civil Enforcement Parking Charge Notice no <ref>

    A notice to keeper was issued on <date> and received by me, the registered keeper of <reg> for an alleged contravention of ‘BREACH OF THE TERMS AND CONDITIONS OF USE’’ at <location>. I am writing to you as the registered keeper and would be grateful if you would please consider my appeal for the following reasons.

    1) This Notice to Keeper (NTK) is not compliant with the Protection of Freedoms Act 2012 (POFA) due to the dates
    2)The operator has not shown that the individual who it is pursuing is in fact liable for the charge.

    3) The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself

    4) No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

    5) Frustration of contract

    Obviously i will add all of the text which accompanies points 1-4 but I'm struggling to find some wording on frustration of contract and also unsure on how to involve my AA report with it. Would this not imply that i was driving the car as it was my membership?

    Thanks for your help
    • beamerguy
    • By beamerguy 7th Aug 18, 8:46 PM
    • 8,159 Posts
    • 10,696 Thanks
    So am i right in saying using the following 4 points will be sufficient?

    POPLA have assessors who are clueless and not
    properly trained so you wait to see

    • RAS83
    • By RAS83 9th Aug 18, 1:07 PM
    • 12 Posts
    • 4 Thanks
    Hi all,

    Would anyone know of any legal text in relation of frustration of contract that i can utilise for my POPLA or will it be best to draft it out myself.
    I cant find any common text as per other contesting point.
    The reason i got the ticket is because i couldn't leave the car park so i would like to ensure this point is covered well and use my AA recovery report as the evidence.
    Thanks guys
    • nosferatu1001
    • By nosferatu1001 9th Aug 18, 1:23 PM
    • 3,140 Posts
    • 3,855 Thanks
    Draft it yourself.
    Frustration of contract is a simple concept: if the performance of the contract is obstructed, no sum is due under the contract.
    The vehicle had broken down
    Thus any overstay was not the fault of the driver, and the contract was frustrated.
    No ticket can be issued correctly under this circumstance, as the ticket can only rely upon a breach of contrct. As no contract was in place at the time of the alleged breach, there can be no breach. Evidence of frustration is in the witness statement from an occupant of the vehcle (thats you) and a copy of the AA reciept showing recovery services were used.
    • RAS83
    • By RAS83 16th Aug 18, 3:54 PM
    • 12 Posts
    • 4 Thanks
    Hi all,

    Would just like to check that my AA report will be OK to attach to the POPLA appeal as it appears below?

    (obviously removed personal details for forum use)

    This doesn't indicate that I was driving in anyway so will be OK to use?

    16 August 2018

    Mr Micky Mouose
    1 cheese Road

    Dear Micky Mouse

    Confirmation of Breakdown Assistance

    As requested, please find below details of the breakdown assistance service which was provided under your AA Membership.

    Date Breakdown Assistance provided: XX/XX/XXXX

    Time Breakdown Assistance requested: XX:XX

    Time job completed: XX:XX

    Vehicle attended: XXXXXXXXXXX

    Vehicle registration number: XXXXXXXX

    Nature of breakdown: Battery (Replacement Declined), Battery Unserviceable, Battery Boosted

    Location of breakdown: Esso, A2 Trunk Road, Gravesend, Kent, England, DA12 – Vehicle on Forecourt

    I hope this information will be helpful to you. If you have any queries or questions regarding your AA Membership, or to request a copy of the AA Membership Terms & Conditions, please contact AA Member Care on 0800 435 980, one of our advisors will be happy to help.

    Alternatively, the AA website,, provides information on AA Membership and all AA products and services.

    Thank you for being a Member of the AA.

    Yours sincerely

    Bob Mackenzie
    Executive Chairman, Automobile Association
    635601 1137795973
    • Umkomaas
    • By Umkomaas 16th Aug 18, 6:01 PM
    • 18,949 Posts
    • 29,826 Thanks
    Definitely include it. Be careful not to allow anything to be read into the report that POPLA might use to assume who the driver was. Be sure what you put in your appeal to ensure you are seen as the registered keeper, and you were a mere occupant of the car.

    Note - I've not read right back through the entire thread, so don't know whether the driver has previously been identified.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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