Popla appeal - what is the most recent template to use?

[JEMIMA MARSHALL]

Hello everyone.
I am a new member. I am helping my daughter who tried to appeal against her PCN. After a 2hour traffic jam she was late getting to lectures at Uni and parked by mistake in a 'permit only' bay on the car park. She did buy a £3.50 all day ticket.

This is now a Popla appeal and I just need to know the up to date wording to try to overturn this charge. Not as straightforward as exceeding the time limit but want to give it a try anyway.#

Any help would be greatly appreciated.

Thank you.

[mystery1]

Re: Popla appeal - what is the most recent template to use?

The BPA code of practice was changed in October and genuine pre estimate of loss was removed from the wording and replaced with commercial justification.

http://www.britishparking.co.uk/writ..._Version_4.pdf

19.5 If the parking charge that the driver is being asked to pay
is for a breach of contract or act of trespass, this charge
must be based on the genuine pre-estimate of loss that
you suffer. We would not expect this amount to be more
than £100. If the charge is more than this, operators must
be able to justify the amount in advance.


http://www.britishparking.co.uk/writ..._update_V5.pdf

19.5 If the parking charge that the driver is being asked
to pay is for a breach of contract or act of trespass,
this charge must be proportionate and commercially
justifiable. We would not expect this amount to
be more than £100. If the charge is more than this,
operators must be able to justify the amount in
advance.





As such i have not created a permanent template because i have not seen any results anywhere from a ticket issued from October onwards. It remains to been seen how popla will react. Current results seem to indicate GPEOL still works but these results are from tickets that predate the changes above.


In your case it appears that it is clearly a trespass issue and in law (even if not in code of practice) it is still a GPEOL issue.

An example fro trespass would be http://www.legalbeagles.info/forums/...498#post501498 but please amend and add in stuff that helps you out. A lot depends on what the notices say as well as the signage at the site.

Don't forget to add any PoFA failures if they are chasing the keeper.

M1

[JEMIMA MARSHALL]

Re: Popla appeal - what is the most recent template to use?

Thank you M1, much appreciated; will give it a try and see what happens.