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  • FIRST POST
    • Dave59
    • By Dave59 15th Sep 18, 11:40 AM
    • 4Posts
    • 0Thanks
    Dave59
    PE refused appeal
    • #1
    • 15th Sep 18, 11:40 AM
    PE refused appeal 15th Sep 18 at 11:40 AM
    History is I was taken to Eye Hospital 30 miles away with detached vitreous. On arrival found we had o pay, so driver paid with all cash she had - no availability for card payment and no idea here cash points etc would be.

    Following treatment and advice left the site albeit out of time paid for. Received standard PCN from PE stating car "either not purchasing appropriate parking time or by remaining for longer than permitted."


    Blue appeal from stickies sent and letter received yesterday with "gesture of goodwill" extending grace period by 14 days from date of unsuccessful correspondence.


    I have POPLA number and note that from PE letter if I appeal and am unsuccessful full amount payable, even if I have already paid discounted rate! (which I have not done). They have given me weblink for images of car, but not of signage on the day in question.


    I also note the following grounds for appeal on the POPLA notice
    1. My vehicle was stolen
    2. I was not improperly parked
    3. The amount requested on the parking charge is not correct
    4. I was not the driver OR THE REGISTERED KEEPER of the vehicle at the time of the allege improper parking.
    5. Extreme circumstances prevented me from parking correctly
    6. Other

    Note my capitals.

    What is the best way of appealing to POPLA? Note my wife wants me to pay discounted rather than run risk of full amount if we appeal and lose?!

    Thanks in advance guys
Page 1
    • Dave59
    • By Dave59 15th Sep 18, 11:58 AM
    • 4 Posts
    • 0 Thanks
    Dave59
    • #2
    • 15th Sep 18, 11:58 AM
    • #2
    • 15th Sep 18, 11:58 AM
    Just read further down stickies and it seems my initial PCN is a "golden ticket".

    Here is what I plan to send (based on stickie):


    ADDRESS
    EMAIL
    CAR LICENSE PLATE
    DATE

    Dear POPLA,

    On the DATE, ParkingEye Ltd. issued a parking charge to myself (as keeper of the vehicle) highlighting that the above mentioned vehicle had been recorded via their automatic number plate recognition system for “remaining at the car park longer than the stay authorised”. There was no windscreen ticket on the vehicle - the notice to keeper was sent via post.

    As the registered keeper I wish to refute these charges and have this PCN cancelled on the following grounds:
    The Notice to Keeper is not POFA compliant
    The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge

    Please see below for details

    The operator has not shown that the individual who it is pursuing is in fact liable for the charge.
    At no point have ParkingEye provided any proof as to the identity of the driver of the vehicle; nor have I provided them with the identity of the driver (nor do I intend to).

    I have contested this with ParkingEye with regards to their PCN reference REFERENCE, but they have written to me (dated DATE) to say I have been unsuccessful and provided POPLA reference REFERENCE.

    I sincerely hope you are able to help me.

    Many thanks,

    NAME


    Should I try and include under extreme circumstances or other that due to nature of injury we were unable to chase up extra cash for machine?
    • Fruitcake
    • By Fruitcake 15th Sep 18, 12:12 PM
    • 37,385 Posts
    • 84,250 Thanks
    Fruitcake
    • #3
    • 15th Sep 18, 12:12 PM
    • #3
    • 15th Sep 18, 12:12 PM
    Always use "Other."

    There are a number of template appeal points you can use from post 3 of the NEWBIES. Just a copy and paste and check exercise. Non POFA compliant NTK being the first point to use.

    Your appeal is very short compared with what we would normally suggest, and you haven't actually said how the NTK is non-compliant. PoPLA assessors are not known for their brains and unless you spell things out for them (and even then they still get things wrong) you run the risk of a rejection.

    Post your draft here for checking before you submit it.

    Don't bother with mitigation or your story about what happened on the day. It is irrelevant and PoPLA won't consider it.

    Did you complain to PALS? That should always be your starting point.

    You should also complain to your MP and the MP where the hospital is located about this unregulated scam.

    These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

    https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

    ''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

    These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he/she wants further information about this scam.
    You should also quote the above to PALS/the hospital management team/CEO.
    Last edited by Fruitcake; 15-09-2018 at 12:17 PM.
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