POPLA ProcessPOPLA ProcessRichard ReeveRichard ReeveLuke DawsonLuke Dawson

10 September 201210 September 2012

Operator sends Notice of Operator sends Notice of RejectionRejection

appeal form and notesappeal form and notes– parking charge noticeparking charge notice– vehicle registration markvehicle registration mark– operator nameoperator name

Appeal formAppeal form

Guidance notesGuidance notes

Verification codeVerification code

most important box on all formsmost important box on all forms– format is OOODDDYNNNformat is OOODDDYNNN

operator codeoperator code day of the yearday of the year last digit of yearlast digit of year form numberform number

AppealsAppeals

appeal form sent with every rejectionappeal form sent with every rejection– likely only a fraction these will come to likely only a fraction these will come to

POPLAPOPLA

Appeal form sent to POPLAAppeal form sent to POPLA

checked on receipt at POPLA checked on receipt at POPLA if no verification code on appeal form if no verification code on appeal form

– form returned party sending itform returned party sending it if no details to identify appellant if no details to identify appellant

(effectively a blank form)(effectively a blank form)– POPLA will contact the operator POPLA will contact the operator

in either casein either case– appeal cannot be registered at this stageappeal cannot be registered at this stage

Appeal registeredAppeal registered

once a valid appeal is registeredonce a valid appeal is registered– operator informedoperator informed

date of decisiondate of decision date evidence to be receiveddate evidence to be received

– operator sent copy of form and evidenceoperator sent copy of form and evidence

Appeal processAppeal process

Operator decides on recovery

Motorist appeals

POPLA informs operator and

copies appellants evidence

Operator sends evidence

Appeal allowedOperator and

appellant informed

Operator and appellant

informed; operator cancels PCN Yes No

No

Yes

28 days allowed + 7 for service

Evidence SectionsEvidence Sections

Sections headed A to GSections headed A to G– helpful for POPLA in preparing the helpful for POPLA in preparing the

appeal appeal – helpful for operator to ensure they have helpful for operator to ensure they have

all evidence needed for their caseall evidence needed for their case

Evidence checklistEvidence checklist

Section ASection A

Evidence Checklist itselfEvidence Checklist itself

Section BSection B

case summary case summary – Important part of evidenceImportant part of evidence

copy of any terms/conditionscopy of any terms/conditions

Section CSection C

parking charge noticeparking charge notice any notes of the operativeany notes of the operative

Section DSection D

registered keeper detailsregistered keeper details liability trailliability trail

Section ESection E

original representationsoriginal representations notice of rejectionnotice of rejection

Section FSection F

images, photographs, and plans etc. images, photographs, and plans etc.

Section GSection G

other evidenceother evidence

Grounds of appealGrounds of appeal

the vehicle was not improperly the vehicle was not improperly parked parked

the vehicle was stolenthe vehicle was stolen the parking charge exceeded the the parking charge exceeded the

relevant amountrelevant amount I am not liable for the parking chargeI am not liable for the parking charge

Vehicle not improperly Vehicle not improperly parkedparked

possibly valid grounds includepossibly valid grounds include– vehicle not parked where statedvehicle not parked where stated– still within the time paid forstill within the time paid for– voucher was clearly displayedvoucher was clearly displayed– conditions were not properly signedconditions were not properly signed

but NOTbut NOT– did not see the sign / bay markingsdid not see the sign / bay markings– paid to park but voucher fell downpaid to park but voucher fell down– did not realise could not park where I diddid not realise could not park where I did

Vehicle was stolenVehicle was stolen

valid grounds might includevalid grounds might include– taken without the consent of owner taken without the consent of owner

(TWOC)(TWOC) crime reference number producedcrime reference number produced

but NOTbut NOT– ““husband driving but I didn’t know”husband driving but I didn’t know”– ““told friend he could only drive if he told friend he could only drive if he

didn’t get tickets” didn’t get tickets”

Charge exceeded relevant Charge exceeded relevant amountamount

valid grounds might includevalid grounds might include– no pcn actually issuedno pcn actually issued– more than prescribed amount soughtmore than prescribed amount sought– pcn alleges more than one eventpcn alleges more than one event– pcn issued for the same event as pcn issued for the same event as

another another but NOTbut NOT

– motorist thinks that the parking charge motorist thinks that the parking charge is “excessive” is “excessive”

Not liable for parking chargeNot liable for parking charge

valid grounds might includevalid grounds might include– vehicle sold before, or bought after, the vehicle sold before, or bought after, the

improper parking eventimproper parking event but NOTbut NOT

– I do not think I should have to pay the I do not think I should have to pay the parking chargeparking charge

– I had paid to park (even though voucher I had paid to park (even though voucher not clearly displayed) not clearly displayed)