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Making an appeal to POPLA

fiat carMaking an appeal to POPLA 

This section explains the process for appealing an operator's notice of rejection at Parking on Private Land Appeals (POPLA).

Who can appeal to POPLA?

POPLA may only consider appeals against a parking charge notice issued on or after the 1 October 2012 by a member of the Approved Operator Scheme (AOS) administered by the British Parking Association (BPA).

For more information on the BPA and the AOS, including a list of AOS members and the BPA Code of Practice, please go to the BPA website Opens in a new window. Please note that a breach of the Code is not itself a ground of appeal – see Grounds of Appeal section below.

Anyone can appeal such a parking charge notice providing they follow the process below.  If you want someone to appeal on your behalf, such as a family member or friend, they can do so but there can only be one appeal for any one parking charge notice.

Provided you made representations to the operator who issued the parking charge notice and these were rejected, you have 28 days to appeal against the operator’s decision. If you do appeal to POPLA, which is independent of both the operator and the BPA, an impartial Assessor will consider your case.

Do not pay the parking charge if you want to appeal.

When can you appeal to POPLA?

You may only appeal to POPLA after you have made your case (‘representations’) to the operator who issued the parking charge notice and that operator has rejected these and issued a POPLA appeal form.

For more details on what to do when you receive a parking charge notice, see our section on this website.

A verification code will be sent by the operator with the rejection of your representations. You will need the verification code to appeal online. If you were not sent this, the operator should be contacted to obtain one. You must appeal to POPLA within the 28 days.

If your appeal is late, it cannot normally be considered. If you do send it late you must explain fully and clearly on the appeal form itself why it is late. The Assessor will then decide whether the appeal can be considered but this is likely to happen only in very limited circumstances.

If you do not appeal at this stage the operator could seek to enforce the parking charge through the county court.

How is your appeal considered?

The Assessor considers all of the evidence from you and from the operator but cannot allow an appeal because of mitigating circumstances.

The operator must send you a copy of all their evidence before the case is considered by the Assessor.

If your appeal is allowed, the operator will cancel the parking charge notice. If your appeal is refused, you need to make payment as soon as possible to avoid the operator taking steps to recover the payment from you.

There is no charge for submitting an appeal.

 Grounds of appeal

The grounds under which you can appeal the parking charge notice are as set out below. If you are not sure which ground applies then just explain your case fully but remember that the Assessor cannot allow an appeal solely because of mitigating circumstances.

  • The vehicle was not improperly parked: e.g. that the vehicle was not parked where stated on the parking charge notice; that you believe you were still within the time you paid for; that the voucher was clearly displayed or that the conditions were not properly signed. 
  • The parking charge (ticket) exceeded the appropriate amount: e.g. that you are being asked to pay the wrong amount for the parking charge or that the charge has already been paid. 
  • The vehicle was stolen: e.g. that the vehicle was improperly parked after being stolen. However, the fact that someone else was driving your vehicle, for example a family member, friend or colleague, is not in itself a valid ground of appeal. The fact that you told the driver that they could only use your vehicle on condition they did not get any parking tickets is not a valid ground of appeal.
  • I am not liable for the parking charge: e.g. that you had sold the vehicle before, or bought it after, the alleged improper parking. However, the fact that you had paid to park the vehicle in the first place (even if, for example, the voucher was not clearly displayed) is not in itself a valid ground of appeal.

How to appeal

If you want to appeal, you must do so with 28 days of date of the operator’s notice of rejection. The easiest way to appeal is to submit your appeal online here. Otherwise, you can complete the form and return it to POPLA by post. However, your appeal must be received within the 28 day period. If you send your appeal by post, you are advised to obtain a certificate of posting at the time you send it.

Important: you must include the 10 digit verification code on your appeal otherwise your appeal will not be registered.

 

Everything that you send to us will be copied to the operator. Please attach or enclose all relevant evidence at the time you submit your appeal.

Do not pay the parking charge if you want to appeal.

If sending your appeal by post, please submit copies (not originals) of all relevant evidence with the appeal form.

Remember to ensure that the envelope you use to send in your appeal form to us has sufficient postage affixed because POPLA cannot accept mail where this is underpaid.

POPLA will always acknowledge receipt of your appeal.

Keep a copy of your verification code (on the operators notice of rejection and printed at the bottom of the appeal form) in case you have to contact us. You will need it to appeal online. If you do not have a verification code you should ask the operator who issued the parking charge notice for this immediately. You cannot get a verification code unless the operator has had an opportunity to consider your representations and has rejected them.

The operator is required to send the Assessor details of their case, as well as the representations you made and their rejection of them. The operator will send you a copy of everything they send to the Assessor.

Submitting your appeal

Include any photographs or documents that you want the Assessor to consider.

You should try and submit everything at the same time as you appeal, whether online or by post. If you do send anything separately, it must be before the decision is made.

You may submit evidence through this website. If posting, please make sure that you mark it clearly with your verification code.

If additional evidence arrives shortly before the Assessor is due to consider your case, the matter may have to be adjourned. If it arrives after the decision is made, it will be too late to be considered.

The Assessor will not obtain evidence or contact witnesses on your behalf.

The decision

The Assessor will consider all the evidence presented by you and by the operator.

We aim to send out the decision to the parties on the working day following the Assessor deciding your appeal.

A decision to allow an appeal is binding on the operator who issued the parking charge notice.

If you have questions why not have a look at our Frequently Asked Questions section?