If you’ve ever had a private parking fine before, then there’s a good chance you’ve heard of POPLA and how they can help you win an appeal against one. However, like all parking ticket appeals, you still need to make sure that the relevant information is included in the appeal to give yourself the best chance at winning.
Today we’re going to talk about who POPLA is, how they can help, and lots of useful information that will help you create a successful POPLA appeal.
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What is a Parking Charge Notice and How Much Might It Cost?
A Parking Charge Notice (PCN) is issued for parking violations on private land, typically by private parking operators. These fines can vary significantly, but they generally range from £60 to £100. There are talks about capping the amount a private parking company can charge you, but this hasn’t come into effect as of yet.
Unlike council-issued Penalty Charge Notices, PCNs are not immediately legally enforceable. However, ignoring them can lead to increased charges and potential court action. It’s crucial to address these notices promptly to avoid escalating costs and complications.
NOTE: You may have noticed that both types of parking tickets have the acronym of PCN. This is thought to have been done intentionally by private parking operators to scare motorists into thinking that their fines are legally enforceable.
How Can You Appeal a Parking Charge Notice?
If you believe a PCN has been issued unfairly, you have the right to appeal. Start by collecting all relevant evidence that supports your case, such as photographs of the parking area, signage, and any receipts or permits that demonstrate your compliance with the parking rules.
Once you have gathered your evidence, submit a detailed appeal to the parking company, explaining why you believe the ticket was wrongly issued. If your appeal is rejected by the parking operator, don’t worry—you can escalate the matter to POPLA for an independent review.
What is POPLA and Who Can Use It?
Parking on Private Land Appeals (POPLA) is an independent service available to motorists in the UK who wish to contest the decision a private parking ticket appeal. POPLA is specifically for tickets issued by companies that are members of the British Parking Association (BPA).
If your ticket was issued by a company that belongs to a different trade association, such as the International Parking Community (IPC), you will need to use the Independent Appeals Service (IAS) instead.
POPLA provides an impartial review of your case and can order the cancellation of the parking charge if your appeal is successful.
Is a POPLA Appeal Free?
Yes, appealing to POPLA is completely free of charge. However, if your appeal is unsuccessful, you will be required to pay the fine to the parking operator.
It’s important to prepare a strong case to increase your chances of a favourable outcome. The cost-free nature of POPLA makes it an accessible option for anyone seeking to challenge a private parking ticket.
The POPLA Appeal Process
The POPLA appeal process involves several steps. First, you need to receive a verification code from the parking operator after your initial appeal is rejected. This code is essential for submitting your appeal to POPLA. Next, gather all the evidence that supports your case. This can include photographs, videos, and any relevant documents.
When you submit your appeal online through the POPLA website, you’ll need to provide your verification code, vehicle registration number, and PCN reference number. Once submitted, you can monitor the status of your appeal through the POPLA portal. The process typically takes between six to eight weeks, and POPLA will inform you of their decision in writing.
Check the BPA Code of Practice
If the parking operator is a member of the British Parking Association (BPA), they must adhere to the BPA Code of Practice. This code outlines the standards and practices that BPA members must follow, and any breach of this code can be grounds for a successful POPLA appeal.
For example, recent updates to the code state that operators cannot issue fines to drivers who enter and leave a car park within five minutes without parking, and they must allow a 10-minute grace period after a paid parking session ends. Reviewing the BPA Code of Practice can provide you with additional arguments to support your appeal.
What Makes a Good Appeal?
A good appeal is comprehensive and detailed, providing a clear information about the events that led to the issuance of the parking charge. Include as much relevant information as possible, such as why you were at the car park, the conditions at the time, and any mitigating circumstances.
Accompany your appeal with compelling evidence, such as photographs, videos, and witness statements. The more detailed and organised your appeal, the better your chances of success with POPLA.
Who Can Use the POPLA Service?
Motorists who have had their initial appeal rejected by a BPA member company can use the POPLA service.
If the parking operator is a member of a different trade association, such as the IPC, you will need to use the Independent Appeals Service (IAS) instead.
Always check the membership status of the parking operator to ensure you are using the correct appeals process. If the operator is not a member of any accredited trade association, they may not have legal grounds to obtain your personal information from the DVLA, which can be a significant point in your favour.
What Are the Grounds for an Appeal?
There are several grounds on which you can base your POPLA appeal. Common reasons include:
- Your vehicle was stolen at the time of the alleged parking violation, supported by a police report or crime reference number.
- You were not improperly parked, or you had paid for parking as required.
- The Parking Charge Notice demands an incorrect amount, which can happen if the fine is not adjusted to recent legal limits.
- Extreme circumstances, such as a medical emergency or vehicle breakdown, prevented you from adhering to the parking rules.
- Any other valid reasons that demonstrate the unfairness or invalidity of the parking charge.
When Can You Make a POPLA Appeal?
You must submit your POPLA appeal within 21 days of the rejection of your initial appeal by the parking operator. This timeframe is strict, and missing it will forfeit your right to use the POPLA service.
Ensure that you act quickly and gather all necessary documentation and evidence before submitting your appeal. The appeal process for POPLA is clearly defined, and adhering to the deadlines and requirements is crucial for a successful outcome.
Can I Appeal for Someone Else?
Yes, you can appeal on behalf of someone else, provided you have their authorisation. When submitting the appeal, clearly state why you are representing the other person and provide evidence of your authorisation.
This might include a letter from the person you are representing, giving you permission to act on their behalf. This is particularly useful if the person who received the ticket is unable to handle the appeal process themselves due to various reasons such as illness or other commitments.
How Long Does an Appeal Take?
POPLA appeals typically take between six to eight weeks when submitted online. Postal appeals may take longer due to potential delays with Royal Mail. During this period, you can track the progress of your appeal through the POPLA portal.
While the appeal is being processed, the parking operator cannot take further enforcement action, providing you with some breathing space. The length of the appeal process can be advantageous if you need additional time to save up for the fine, should your appeal be unsuccessful.
What if the Appeal is Approved?
If your POPLA appeal is successful, POPLA will instruct the parking operator to cancel the parking charge. You will not have to pay anything, and this decision is binding on the parking operator.
You will receive written confirmation of the decision, providing you with peace of mind that the issue has been resolved in your favour. This outcome validates the effort you put into preparing a thorough and well-supported appeal.
What Happens if the Appeal Fails?
If your appeal is denied, POPLA will inform you of their decision in writing. You will then have 28 days to pay the fine to the parking operator. If you refuse to pay, the operator could take legal action against you or pass the debt to a collection agency, which may add further charges.
While debt collection agencies cannot seize your goods or enter your home, they can pursue the debt through persistent contact and potential court action. It’s important to settle the fine promptly to avoid additional costs and complications.
Can You Appeal a Decision Made by POPLA?
You cannot appeal a decision made by POPLA.
If you strongly believe that the parking fine is unjust, your remaining option is to seek legal action. However, this can be costly and time-consuming.
It’s advisable to seek professional legal advice to explore your options before proceeding with court action. Often, the costs associated with legal action can exceed the amount of the fine, making it a less desirable option for many motorists.
Can You Make Changes to a POPLA Appeal?
Once submitted, you cannot edit or change your POPLA appeal. Therefore, it’s crucial to ensure that your appeal is complete and includes all relevant information and evidence before submission. Taking the time to thoroughly prepare your appeal can make a significant difference in its success. Review all documentation and evidence carefully to ensure nothing is missing or overlooked.
How to Contact POPLA
You can contact POPLA by calling 03301 596 126 during their business hours, which are Monday to Friday, from 9 am to 5 pm. If you prefer to send a message instead of calling, you can use the POPLA web contact form available on their website. Having direct communication with POPLA can help clarify any questions or concerns you have about the appeals process, ensuring that you are well-informed and prepared.