Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Garytc78 on March 08, 2025, 01:51:30 pm
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So, did you just copy and paste an old POPLA appeal for a different McDonalds (Leytonstone) and a different operator (MET) instead of Whitchurch and Premier Park? That's basically what they're saying in their response pack.
Anyway, you're appealing to the IAS which is an exercise in futility, even if they sound like they are panicking in their operator response with misleading terms such as "grace" period when it should be "consideration period".
Unless you can either show us that you put in your IAS appeal or tell us which points of your appeal that have not answered/rebutted and which parts of their operator evidence pack you can rebut, it really isn't going to matter.
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Sorry should work now
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No, it wants me to log in before showing me the files.
I suggest you need to change something to allow less restricted access.
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Not shared from google drive before so sorry if it doesnt work.
https://drive.google.com/drive/folders/1_3JUX1NrKv5O2VU28PoxSrn-Zj0zxFc1?usp=drive_link
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I was asking for help but nobody replied
At risk of sounding blunt, this is a busy forum - we cannot always write everyone's appeals for them from scratch, but, there are a very large number of existing successful POPLA appeals already written. Our advice (as per further up the thread) is to read as many of these as possible and then write one based on these, showing us a draft to tweak/provide comment on. We're not always able to do everything for you.
1. Keeper Cannot Be Held Liable – PoFA Non-Compliance
2. No Proof of Driver Identity
3. Unlawful and Unenforceable Claim Regarding “Occupants”
4. Demand for Strict Proof of Landowner Authority
These seem like decent headings - can you show us your whole appeal please? Also their evidence pack. Use a third party like Dropbox or Google Drive to upload a redacted version, don't upload directly to this site.
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I was asking for help but nobody replied so I appealed stating,
1. Keeper Cannot Be Held Liable – PoFA Non-Compliance
2. No Proof of Driver Identity
3. Unlawful and Unenforceable Claim Regarding “Occupants”
4. Demand for Strict Proof of Landowner Authority
They came back with proof they have a contract with the land owner but didn't address my other complaints.
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So what was your appeal?
You were advised to post it here before submitting it, but you didn’t. OK, but we need to see what you sent at least.
People here are willing to help, but if you don’t post anything yourself it’s hard to know what to do. Help means advise and correct. Just complaining and posting nothing won’t get you anywhere.
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So I have appealed via popla and as predicted I'm getting nowhere, MET have attached the documents regarding the contract they have with McDonalds and they have said they believe no more than a 5 minute overstay to be acceptable.
My reply is due by Wednesday could anybody advise me on how to proceed please.
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Hi I'm still looking for help submitting this if possible please.
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Hi I am really struggling with where to even start with a popla appeal any help would be appreciated
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You have 33 days from the appeal rejection date to make a POPLA appeal. Have a search of the forum for other POPL appeals to see how they are structured and what to put in it. Don't send anything until you've show us what you think is a suitable POPLA appeal and we will advise on any corrections necessary.
There are plenty of recent POPLA appeals on the forum so make sure you do a careful search.
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It was the 2nd of march, they sent it within 7 days I appealed like I was told and got that reply today.
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What was the date of the parking incident?
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Sorry I thought I'd posted it.
[attachment deleted by admin]
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Looking back up the thread, there's no copy of the notice to keeper visible. We need that to advise further
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So I got my reply today surprise surprise they rejected it!
Thank you for your appeal against the above Parking Charge Notice (PCN). We have carefully considered your appeal, however on this occasion the appeal has been rejected for the following reason;
Whilst we note your comments and reason for appeal, we can confirm that the maximum stay period within this car park is 1 hour and 30 minutes. As your vehicle was on site for 1 hour and 45 minutes, this was an overstay of 15 minutes. The signage on site clearly sets out the terms and conditions of parking, including the maximum stay period. There are no exceptions to these terms and we can therefore confirm that this PCN has been issued correctly.
You have now reached the end of our internal appeals procedure and therefore you now have two options; you can either pay or appeal to POPLA - you cannot do both:
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Thank you I will do exactly as you have said really appreciate the help.
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Un-redact ALL dates and times on the Notice to Keeper (NtK) you’ve shown us.
The NtK is not fully compliant with all the requirements of PoFA anyway and there are PPSCoP breaches also.
For now, deal with as follows... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Premier Park has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Premier Park have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
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Hi new member after some advice please.
Was in McDonald's last week with my family and apparently you have to be out within 90 minutes and I was 15 minutes over that 🤔
So had a request for some money for the privilege of those 15 minutes at a cost of £90 from Premier Park, now I've dealt with scumbags like these in the past but wondering what the latest information is on how to deal with these lot, any help and advice would be appreciated.