Yesterday The Prankster blogged about another such challenge which is currently under way.
If you are a motorist and have been issued with such a charge, you will be far more likely to be able to successfully reclaim costs if you have established a proper foundation from the start.
A suggested text to add to your appeal to the operator is as follows.
If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.Obviously it is not right that some parking operators continue to knowingly issue charges when they have no basis to do so, and when their charge levels have consistently been rejected by POPLA in every appeal since its inception in October 2012. This is unjustly causing motorists time and effort to fight charges which are bound to be cancelled by POPLA. Moreover, many motorists who do not know the charges are not valid may be frightened into paying up. The Prankster sees this time after time, especially with the more vulnerable members of society.
The Parking Prankster recommends that every motorist adds the above text to their original appeal to the parking operator. Once the POPLA appeal is upheld, the motorist can then decide whether to pursue the parking company for their expenses.
If you are currently have an appeal in with the operator, but have not yet received your POPLA code, send in the above text as soon as possible.
If you currently have your POPLA code but have not yet filed your POPLA appeal, send in the above text with the stipulation that they have seven days to cancel without incurring expenses, otherwise you will then file your POPLA appeal. Obviously make sure you still appeal to POPLA within the timeframes; you can check your POPLA code here.
The Parking Prankster