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Hello - I need some advice on a parking fine received at Burger King for over stay, purely on the fact that I didn't see the signs. Anyway my appeal letter to them is attached & my argument was the letter didn't state how much time was allowed & only stated exceeded maximum time limit. Anyway they rejected the appeal which I expected so may I have some help with writing an appeal to POPLA, may I use template or something please. I also wrote to BK to inform them but no reply as yet especially the max time is only 45 mins. Any help is greatly appreciated.
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Re: Gemini Parking fine - Burger King - ANPR
Leave it with me. Such a shame they posted it on 23/12 (a friday with bank hols on mon, tue) giving it nowhere near enough time for correct service.
I'll get to it soon. 99.99999% this will win.
M1 -
Re: Gemini Parking fine - Burger King - ANPR
Thanks M1 for the quick reply, I look forward to it.Comment
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Re: Gemini Parking fine - Burger King - ANPR
Originally posted by mystery1 View Post
Hi M1 - Looking back at my attachments from Gemini's response I have noticed the full letter wasent uploaded properly so I have attached the full letter again.Comment
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Re: Gemini Parking fine - Burger King - ANPR
Edit to suit and use the guide to upload from http://parking-prankster.blogspot.co...a-process.html
h4ngoverpopla.rtf
M1Comment
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Re: Gemini Parking fine - Burger King - ANPR
Originally posted by mystery1 View Post
Thanks M1, I will submit and let you know the outcome, however I just need clarification on one part of the reply.
The notice to keeper was late, outside the allowed 14 days. Date of incident 11th December 2016 where as date of posting is 23rd and “given” 29th December as the weekend and 2 public holidays do not count i.e. more than the allowed 14 days.
I am just slightly confused as 29th December was a Thursday. Do you mind clarifying for me before I send it off please?
ThanksComment
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Re: Gemini Parking fine - Burger King - ANPR
Posted Friday 23rd. Saturday and Sunday do not count. Monday was Boxing day bank holiday and Tuesday was Xmas bank holiday as Xmas was weekend. Wednesday was the 1st working day after posting and Thursday the 2nd working day after posting.Originally posted by h4ngover View Post
http://www.legislation.gov.uk/ukpga/...dule/4/enacted
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period;
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
M1Comment
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Re: Gemini Parking fine - Burger King - ANPR
I am happy to post that I received a decision today and my appeal has been successful - Thanks M1.Comment
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Re: Gemini Parking fine - Burger King - ANPR - won
Did they chuck it or did popla rule out of time ?
M1Comment
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Re: Gemini Parking fine - Burger King - ANPR - won
Assessor supporting rational for decision
By issuing the appellant with a Parking Charge Notice (PCN), the operator has implied that the appellant has not complied with the terms and conditions of the car park in question. It is the responsibility of the operator to provide evidence to POPLA which demonstrates the terms and conditions of the site and how they were breached. On this occasion, no evidence has been provided and the operator has therefore failed to demonstrate the validity of the PCN. Accordingly, I must allow the appeal.
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