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mofa
Hi,
With the help of everyone on this forum i got my last pcn from gemini cancelled a few months back and am aware of the steps to take, I have now got a windscreen ticket from P4Parking and can't remember if i should appeal now to their online service (http://p4parking.zatappeal.com/) stated on the ticket or wait for the ntk before i appeal?
nosferatu1001
You can either appeal online at about day 26, hoping they forget to then ever send a NtK, or appeal after a NtK is issued.
Paul1982men
Are there timescales in relation to the NTK. I appealed months ago, have never admitted being the driver and still no NTK through the post?..
freddy1
ticket on car = letter thru post between day 28-56 if they wish to rely on POFa

when exactly did you get the ticket , when did you appeal and did you name yourself as the driver
nosferatu1001
When you say "months ago", is this in relation to your ticket above, or to an earlier ticket?

Be precise!
mofa
Hi, so i appealed online and received notice of rejection. (copy of letter attached)

They have used a case example in the letter in relation to parkingeye, is this a scare tactic?
When should i appeal to popla?
Should i just used the same templates i have seen on here before?

Thanks
ostell
The case is often used as a scare tactic as it only applies if the conditions are the same. With a windscreen ticket they probably aren't.

You still haven't responded to the "Months ago" question. The look as though they are BPA members and so they rejection of the appeal should have been received within 35 days otherwise the appeal is considered accepted.

You write up your POPLA appeal here for critique
mofa
QUOTE (nosferatu1001 @ Fri, 15 Apr 2016 - 07:29) *
When you say "months ago", is this in relation to your ticket above, or to an earlier ticket?

Be precise!


Sorry this was in relation to an earlier ticket.

I will post up popla appeal once i get chance.
Does it matter when i appeal to popla?
ostell
Now you realise why the rules state one case per thread. You've really managed to confuse matters.

There is a time limit for the appeal to POPLA.
nosferatu1001
Which your research in the last month will have told you. 28 days but why not use the parking Cowboys checker

Post your appeal here for critique.
mofa
Just want to update post that appeal was successful through popla. I used one of the many drafts used on here before and received reply from popla only after an extensive reply with multiple documents and images from p4parking which did not work.
Once again thanks to everyone.
This is a copy of reply from popla:

Assessor summary of operator case
The operator’s case is that the appellant has parked without displaying a valid permit.

Assessor summary of your case
The appellant’s case is that he was not parked as he states he had just stopped out of the way for the other vehicles whilst he read the signs. The appellant states that this was his first visit to site, and as he was reading the signage the attendant was taking photographs of his vehicle. The appellant has raised the following grounds for appeal: • The Parking Charge Notice (PCN) was neither a genuine contractual fee nor genuine pre-estimate of loss • No contract assigning rights to P4Parking to enforce contracts with drivers • No contract formed by the signage • Charge is non-compliant to The British Parking Association (BPA) Code of Practice.

Assessor supporting rational for decision
Upon entering a car park it is expected that the motorist complies with the site’s terms and conditions by displaying a valid permit. The site terms and conditions state “This land is private property by parking here you are entering into a binding contractual agreement…all vehicles parked within these private grounds, and not displaying an authorised parking permit or parked outside of this developments parking regulations, will be charged via the issuance of a parking charge notice…The parking charge will be issued in the form of a Parking Charge Notice totalling £100 which will be reduced if paid within 14 days.” The operator has issued the appellant with a Parking Charge Notice (PCN) as the appellant had parked at site without displaying a permit. The operator has provided photographic evidence of the signage at site, and time stamped images taken of the vehicle parked at site without a valid permit on display inside the vehicle. The appellant has raised landowner authority as a ground of appeal stating that there is no contract assigning rights to P4Parking to enforce contracts with drivers. The British Parking Association (BPA) Code of Practice section 7.2 states “If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.” The operator has not provided a landowner agreement in its evidence pack. As this has not been provided I am unable to determine that the authority of the landowner has been granted to the operator to pursue unpaid parking charges from drivers or registered keepers on this land on the date of the parking event. I acknowledge that the appellant has raised other grounds of appeal; however I will not be discussing them as landowner authority has persuaded me to allow this appeal. I am unable to conclude that the operator has correctly issued the parking charge.
SchoolRunMum
QUOTE (mofa @ Thu, 16 Jun 2016 - 13:41) *
Just want to update post that appeal was successful through popla. I used one of the many drafts used on here before and received reply from popla only after an extensive reply with multiple documents and images from p4parking which did not work.
Once again thanks to everyone.
This is a copy of reply from popla:

Assessor summary of operator case
The operator’s case is that the appellant has parked without displaying a valid permit.

Assessor summary of your case
The appellant’s case is that he was not parked as he states he had just stopped out of the way for the other vehicles whilst he read the signs. The appellant states that this was his first visit to site, and as he was reading the signage the attendant was taking photographs of his vehicle. The appellant has raised the following grounds for appeal: • The Parking Charge Notice (PCN) was neither a genuine contractual fee nor genuine pre-estimate of loss • No contract assigning rights to P4Parking to enforce contracts with drivers • No contract formed by the signage • Charge is non-compliant to The British Parking Association (BPA) Code of Practice.

Assessor supporting rational for decision
Upon entering a car park it is expected that the motorist complies with the site’s terms and conditions by displaying a valid permit. The site terms and conditions state “This land is private property by parking here you are entering into a binding contractual agreement…all vehicles parked within these private grounds, and not displaying an authorised parking permit or parked outside of this developments parking regulations, will be charged via the issuance of a parking charge notice…The parking charge will be issued in the form of a Parking Charge Notice totalling £100 which will be reduced if paid within 14 days.”

The operator has issued the appellant with a Parking Charge Notice (PCN) as the appellant had parked at site without displaying a permit. The operator has provided photographic evidence of the signage at site, and time stamped images taken of the vehicle parked at site without a valid permit on display inside the vehicle. The appellant has raised landowner authority as a ground of appeal stating that there is no contract assigning rights to P4Parking to enforce contracts with drivers. The British Parking Association (BPA) Code of Practice section 7.2 states “If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.”

The operator has not provided a landowner agreement in its evidence pack. As this has not been provided I am unable to determine that the authority of the landowner has been granted to the operator to pursue unpaid parking charges
from drivers or registered keepers on this land on the date of the parking event. I acknowledge that the appellant has raised other grounds of appeal; however I will not be discussing them as landowner authority has persuaded me to allow this appeal. I am unable to conclude that the operator has correctly issued the parking charge.


Well done - case won on 'no landowner authority'. Nice result and ta for the update.
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