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  • FIRST POST
    • iamc12ab
    • By iamc12ab 5th Aug 16, 8:45 PM
    • 13Posts
    • 11Thanks
    iamc12ab
    Appealing PCN on basis of genuine pre-estimated loss post-Beavis
    • #1
    • 5th Aug 16, 8:45 PM
    Appealing PCN on basis of genuine pre-estimated loss post-Beavis 5th Aug 16 at 8:45 PM
    Hello,

    I have recently received a PCN for £100 (£60 if paid within 14 days) for parking overnight on a Manchester Metrolink carpark. As this is a free carpark to metrolink customers only and has no other commercial interests, I was planning on challenging the PCN on the grounds that is does not represent a genuine pre-estimated loss to the landowner.

    After doing some research, I have become aware of the Parking eye v Beavis case, in which Beavis challenged a PCN on similar grounds and subsequently lost - thereby invalidating any case of challenging against not representing genuine losses to the landowner.

    Therefore,I was wondering whether anyone has had success in challenging a PCN on the grounds of genuine pre-estimated loss since the Beavis case, and if so, could offer any advice as to how I can challenge it in my appeal - which is currently at POPLA stage.

    Thank you in advance.
Page 2
    • fisherjim
    • By fisherjim 4th Oct 16, 7:12 PM
    • 2,158 Posts
    • 3,200 Thanks
    fisherjim
    The second case today that proves POPLA is not fit for purpose!
    To quote the words of the great Count Arthur Strong "You Couldn't make it up"
    • iamc12ab
    • By iamc12ab 4th Oct 16, 10:31 PM
    • 13 Posts
    • 11 Thanks
    iamc12ab
    Its extremely annoying considering the fact I spent the best part of a day writing the appeal, wasted a couple more hours writing emails explaining that Care Parking have changed the signs and submitted false evidence for the assessor to then completely ignore it :/
    • Coupon-mad
    • By Coupon-mad 4th Oct 16, 11:02 PM
    • 47,040 Posts
    • 60,421 Thanks
    Coupon-mad
    Email a complaint addressed to the Lead Adjudicator, Mr Gallagher.

    Keep it short and point out that your evidence of false signage photos (old and new) can only have been overlooked by the Assessor, so you require a review, as POPLA promises to offer where an error is made.

    Keep it really short and assertive.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • iamc12ab
    • By iamc12ab 5th Oct 16, 5:50 PM
    • 13 Posts
    • 11 Thanks
    iamc12ab
    Worth a shot. Do you have contact details for the lead adjudicator/know how I can get in contact with him?
    • Myriddin
    • By Myriddin 5th Oct 16, 9:09 PM
    • 199 Posts
    • 384 Thanks
    Myriddin
    how I can get in contact with him?
    complaints@popla.co.uk

    Address your e-mail FAO the Lead Adjudicator,
    John Gallagher.
    'People are stupid; they can only rarely tell the difference between a lie and the truth, and yet they are confident they can, and so are all the easier to fool.' Wizard's first rule © Terry Goodkind.
    • iamc12ab
    • By iamc12ab 11th Oct 16, 5:27 PM
    • 13 Posts
    • 11 Thanks
    iamc12ab
    I emailed POPLA and they refused to reconsider the case as the appeals process is apparently a one stage system and they do not reconsider any decisions... Guess ill have to see if the operator is willing to go to court with the false evidence
    • Coupon-mad
    • By Coupon-mad 11th Oct 16, 7:15 PM
    • 47,040 Posts
    • 60,421 Thanks
    Coupon-mad
    I emailed POPLA and they refused to reconsider the case as the appeals process is apparently a one stage system and they do not reconsider any decisions... Guess ill have to see if the operator is willing to go to court with the false evidence
    Originally posted by iamc12ab
    It is not, they will reconsider cases if there are procedural errors:

    http://parking-prankster.blogspot.co.uk/2016/06/popla-will-rehear-cases-on-procedural.html

    Look, here is Beewi's case where POPLA did reconsider a case - and he then won:

    http://forums.moneysavingexpert.com/showthread.php?t=5437508&page=2

    Oh, and please join our campaign (in writing, letters by snail mail) telling your MP and Mrs May what you have been through here:

    http://forums.moneysavingexpert.com/showthread.php?t=5524754&page=6

    Look what you have been through, how your life has been overrun. Explain why this industry and their new 'credit clamping' threat to consumers is ten times worse than car clamping ever was. Think how many people are paying up - and in your case you can show not only that the industry is rotten (misleading photo evidence) but that POPLA is also not fit for purpose.

    Fight back NOW while the Government (DCLG) is considering the private parking industry.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • hoohoo
    • By hoohoo 11th Oct 16, 7:41 PM
    • 1,656 Posts
    • 3,059 Thanks
    hoohoo
    Agreed.

    Also complain to IPSA that POPLA are failing to reconsider a case with procedural errors.

    This might do no good as IPSA are currently imploding, but time will tell.
    Dedicated to driving up standards in parking
    • Umkomaas
    • By Umkomaas 11th Oct 16, 8:34 PM
    • 13,228 Posts
    • 20,690 Thanks
    Umkomaas
    I seem to always get a sinking feeling when someone who has a really good case to drop onto Theresa May's desk is advised to complain there, because most seem not to be 4rsed to be prepared to do so, spurning a vital opportunity to drive a nail into the PPC coffin.

    Please prove my wrong @OP.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • iamc12ab
    • By iamc12ab 12th Oct 16, 6:45 PM
    • 13 Posts
    • 11 Thanks
    iamc12ab
    Dont worry, writing to my MP is already on my to-do-list and ill write to Theresa for good measure.

    As for IPSA, I heard they are closing down. Is this not the case?
    • Umkomaas
    • By Umkomaas 12th Oct 16, 8:29 PM
    • 13,228 Posts
    • 20,690 Thanks
    Umkomaas
    Dont worry, writing to my MP is already on my to-do-list and ill write to Theresa for good measure.

    As for IPSA, I heard they are closing down. Is this not the case?
    Originally posted by iamc12ab
    Sort of 2/5ths.

    http://parking-prankster.blogspot.co.uk/2016/10/and-then-there-were-threeispa-board.html

    Good on you if you do write to your MP and TM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
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