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POPLA Decisions

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Comments

  • Boggy0220
    Boggy0220 Posts: 19 Forumite
    The PCN I was fighting on behalf of a work colleague has been assessed at POPLA and found in our favour.

    A finding was made on the fact that NCP failed to identify the driver. All other points of challenge were ignored and not even mentioned in the adjudication summary but a win is a win and we are happy with that.
    NCP @ North Greenwich London Underground Station 0 - My colleague 1

    :T
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Boggy0220 wrote: »
    The PCN I was fighting on behalf of a work colleague has been assessed at POPLA and found in our favour.

    A finding was made on the fact that NCP failed to identify the driver. All other points of challenge were ignored and not even mentioned in the adjudication summary but a win is a win and we are happy with that.
    NCP @ North Greenwich London Underground Station 0 - My colleague 1

    :T

    Original thread:

    http://forums.moneysavingexpert.com/showthread.php?t=5518913
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Aaron_Aadvark
    Aaron_Aadvark Posts: 238 Forumite
    Location: McDonalds Gatwick Airport
    Allegation: Overstayed
    Decision: Allowed
    Reason: No evidence supplied

    Appellant Evidence:
    Driver not identified - PoFA not applicable,
    Signage inadequate.

    The keeper received several debt collection letters whilst the PoPLA appeal was in progress. Upon complaint the keeper was told that as this was a genuine mistake the BPA Ltd consider that no action against the operator was appropriate. Of course if the motorist makes a genuine mistake such as as entering a 0 instead of an O then the BPA Ltd consider that a £100 charge is justified on the basis of strict liability.
    Je suis Charlie
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Aaron_Aadvark wrote: »
    Location: McDonalds Gatwick Airport
    Allegation: Overstayed
    Decision: Allowed
    Reason: No evidence supplied

    Appellant Evidence:
    Driver not identified - PoFA not applicable,
    Signage inadequate.

    The keeper received several debt collection letters whilst the PoPLA appeal was in progress. Upon complaint the keeper was told that as this was a genuine mistake the BPA Ltd consider that no action against the operator was appropriate. Of course if the motorist makes a genuine mistake such as as entering a 0 instead of an O then the BPA Ltd consider that a £100 charge is justified on the basis of strict liability.
    Absolutely in a nutshell AA.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Boggy0220
    Boggy0220 Posts: 19 Forumite
    Same car park earlier is year.

    How strange! I received a number of letters from the debts collectors whilst an appeal was in progress. Surely MET Parking Services didn't make a mistake with that one too? ��
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Boggy0220 wrote: »
    Same car park earlier is year.

    How strange! I received a number of letters from the debts collectors whilst an appeal was in progress. Surely MET Parking Services didn't make a mistake with that one too? ��
    It would undoubtedly have been a genuine one! :cool:
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • mixu
    mixu Posts: 166 Forumite
    Both appeals successful!

    "Cancelled as a gesture of goodwill."

    Final wording here:

    http://forums.moneysavingexpert.com/showpost.php?p=71301228&postcount=11

    Many thanks to you all — especially SchoolRunMum (Coupon-mad).

    :cheers:
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    mixu wrote: »
    Both appeals successful!

    "Cancelled as a gesture of goodwill."

    Final wording here:

    http://forums.moneysavingexpert.com/showpost.php?p=71301228&postcount=11

    Many thanks to you all — especially SchoolRunMum (Coupon-mad).

    :cheers:

    Cancelled more likely because they have no answer to the detail of the appeal. In fact I'd guess they don't even understand half of it to even attempt an intellectual response.

    'Gesture of goodwill' my Jim Royle!

    Well done mixu!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Both appeals successful!

    "Cancelled as a gesture of goodwill."


    Why not send them an invoice "as a gesture of ill-will"
    You never know how far you can go until you go too far.
  • trisontana
    trisontana Posts: 9,472 Forumite
    First Post Combo Breaker First Anniversary
    Time to roll out this definition of "gesture of goodwll". Although this refers to the retail sector, a lot of it is relevent to the above case:-

    This is a nasty put-down that companies use when they know that they have been caught out and they have no choice but to try and buy you off with some token payment in order to avoid further trouble.
    'Gesture of goodwill' means that you have won but the company wants to try and retain control and make you feel grateful.
    The fact is that 99 times out of 100, the company is doing no more than they should have done under the contract anyway.
    'Gesture of goodwill' is symptomatic of everything that is wrong with Customer Service today.

    The reality is that these companies need your goodwill: you don't need theirs.
    As long as companies continue to try to compensate their customers as a 'gesture of goodwill', customer service will never improve. Companies will always act defensively against their customers.

    It is the customers who should be accepting offers of compensation as a gesture of goodwill towards the company - and the company should be grateful to earn and to retain the goodwill of their customers.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
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