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  • FIRST POST
    • dannyuk
    • By dannyuk 27th Nov 17, 11:48 PM
    • 12Posts
    • 0Thanks
    dannyuk
    POPLA - ParkingEye Evidence Pack
    • #1
    • 27th Nov 17, 11:48 PM
    POPLA - ParkingEye Evidence Pack 27th Nov 17 at 11:48 PM
    Hi,

    I'm struggling with what to write for my evidence on the POPLA portal, I'm not sure even where to start. I apparently had a 'Golden Ticket' (due to receiving letter outside the 14 days) but have now been asked to "provide your comments on the operator evidence".

    I've been through the attached document sent by ParkingEye with lots of photos of the signs aswell as a map pointing out where all the cameras are located. I've also read the 'evidence examples' comments from the newbies thread and cant see anything that would help me.

    Would someone please be able to help me?

    Thanks in advance

    Danny
Page 1
    • Redx
    • By Redx 27th Nov 17, 11:54 PM
    • 16,931 Posts
    • 21,054 Thanks
    Redx
    • #2
    • 27th Nov 17, 11:54 PM
    • #2
    • 27th Nov 17, 11:54 PM
    put POPLA REBUTTALS into the forum search box and choose show posts

    read a few recent rebuttals to evidence packs

    concentrate on short rebuttal points for things like

    REDACTED or UNSIGNED contracts etc
    POFA2012 non-compliance (due to the golden ticket)
    SIGNAGE and/or MAP errors or deficiencies
    BPA CoP failures

    anything else that stands out as incorrect , misleading , or fails compliance with the CoP or the law
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • nosferatu1001
    • By nosferatu1001 28th Nov 17, 12:42 PM
    • 1,185 Posts
    • 1,221 Thanks
    nosferatu1001
    • #3
    • 28th Nov 17, 12:42 PM
    • #3
    • 28th Nov 17, 12:42 PM
    They likely state the ticket wasnt issued under POFA, therefore your points on POFA arent relevant

    This is, of course, a misdirection> they are CLEARLY important, as you ar ea keeper appellant (Id hope) and POPLA MUST rule, in non-POFA cases, that the driver has not been identified and the keeper has no liability. So you must must must as your FIRST bullet point state that PE do NOT disagree that the keeper has no liability, meaning your appeal point is accepted by them - as they have to disagree with everything they think is wrong - and the keeper canot have liabilty.
    • Redx
    • By Redx 28th Nov 17, 2:23 PM
    • 16,931 Posts
    • 21,054 Thanks
    Redx
    • #4
    • 28th Nov 17, 2:23 PM
    • #4
    • 28th Nov 17, 2:23 PM
    some good advice above

    read the advice in this thread too http://forums.moneysavingexpert.com/showthread.php?t=5740958 , which includes the above rebuttal points

    tailor it to suit your own case if needs be

    edit

    PARKING EYE POPLA REBUTTAL
    works for me (using show threads)

    like this recent one http://forums.moneysavingexpert.com/showthread.php?t=5691633&page=2
    Last edited by Redx; 28-11-2017 at 2:42 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • The Deep
    • By The Deep 28th Nov 17, 2:41 PM
    • 7,424 Posts
    • 6,473 Thanks
    The Deep
    • #5
    • 28th Nov 17, 2:41 PM
    • #5
    • 28th Nov 17, 2:41 PM
    If they cannot use the keeper provisions of POFA they have to prove OTBOP that you were the driver. If they cannot they are Friar Tucked, all the guff in the world about signs, contracts, Beavis, etc., etc., is meaningless unless they can convince a judge that you were the driver.
    Last edited by The Deep; 28-11-2017 at 2:47 PM.
    You never know how far you can go until you go too far.
    • dannyuk
    • By dannyuk 30th Nov 17, 11:31 AM
    • 12 Posts
    • 0 Thanks
    dannyuk
    • #6
    • 30th Nov 17, 11:31 AM
    • #6
    • 30th Nov 17, 11:31 AM
    Thanks, really appreciate all the help so far.

    I've uploaded the evidence pack from ParkingEye, if someone could cast their eye over it for me please?

    Couple things I can spot from reading through the some of the posts of the forum was no signed contract from the land owner, pictures aren't dated (only on the word document, not sure if this matters or not?) and they still believe that have issued the Parking Charge Notice within the 14 days.

    I'm starting to panic a little as i'm currently in the middle of a house move so just haven'd had time to sit and have a proper read or spend as much time as i'd like sorting this out. I received ParkingEye's evidence last Thursday @ 18:53 so I'm assuming I only have until this evening to submit anything?

    dropbox com/s/97c8mu6gqwg2t6c/POPLA_Evidence1.pdf?dl=0
    (sorry, ignore the watermarks)

    Again, thanks for all the help, it's much appreciated.
    Last edited by dannyuk; 30-11-2017 at 1:21 PM.
    • nosferatu1001
    • By nosferatu1001 30th Nov 17, 11:41 AM
    • 1,185 Posts
    • 1,221 Thanks
    nosferatu1001
    • #7
    • 30th Nov 17, 11:41 AM
    • #7
    • 30th Nov 17, 11:41 AM
    If the pictures arent dtaed, and arent obvious as to location, then they could bbe from anywhere at anytime - and unlesss they have stated a date in the WS then why should they be used as proof of anything? theyre meaningless.

    it is not ISSUING within 14 days that is important, they have to ensure it is SERVED within 14 days. 2 working days FROM when it enters the normal postal system. We know they use a builk mailer, so you in court question - where is the proof that this entered the system on the date claim? Wher is their certificate of positng? Etc. And either way, it is a rebuttable presumption ONLY - meaning if you are convincing, and have bene consistent in your assertion of service beyond 14 days, then the court should believe YOU and not them.
    • dannyuk
    • By dannyuk 30th Nov 17, 4:01 PM
    • 12 Posts
    • 0 Thanks
    dannyuk
    • #8
    • 30th Nov 17, 4:01 PM
    • #8
    • 30th Nov 17, 4:01 PM
    thanks for your help nosferatu1001.

    I've just noticed that in PE's submitted evidence they have changed the date issued from the 10/09 to 01/09 (pic attached). They have also mentioned the 01/09 in their written evidence.

    What can I put about this? Do i upload the below as part of my case (or attach onto a PDF?).

    hxxp://i763.photobucket.com/albums/xx277/dannyuk_7/PE%20Evidence_zpsundyao60.png

    Also, 'You have 7 days from the operator evidence submission date - 23/11/2017' does that mean i have until midnight to add evidence??
    Last edited by dannyuk; 30-11-2017 at 4:34 PM.
    • KeithP
    • By KeithP 30th Nov 17, 5:01 PM
    • 4,769 Posts
    • 3,117 Thanks
    KeithP
    • #9
    • 30th Nov 17, 5:01 PM
    • #9
    • 30th Nov 17, 5:01 PM
    Also, 'You have 7 days from the operator evidence submission date - 23/11/2017' does that mean i have until midnight to add evidence??
    Originally posted by dannyuk
    Not to submit evidence.

    You have 'til midnight to counter all the claims PE make in their operator evidence.
    .
    • dannyuk
    • By dannyuk 30th Nov 17, 8:22 PM
    • 12 Posts
    • 0 Thanks
    dannyuk
    anyone able to comment on the change of date PE seem to have done?
    • Edna Basher
    • By Edna Basher 30th Nov 17, 9:08 PM
    • 611 Posts
    • 1,571 Thanks
    Edna Basher
    It looks like PE are claiming that the original PCN was issued on 1/9/17. Given that the "Parking Event" took place just 8 days before on 24/8/17, I would expect that this would have been the POFA variant of PE's PCN. Presumably you didn't receive this?

    Did the notice dated 10/9/17 contain the words Parking Charge Notice Reminder at the top? If so, this will have been the standard letter that PE send approx. 9 days after the PCN - in an effort to entice you to pay the lesser amount before the 14-day "discount" period expired. PE's Parking Charge Notice Reminder letters do not refer to POFA and I'm wondering if you've mistaken this for a "golden ticket".

    Also, please note that in POPLA-world, the 7 day-period for comments include the day that PE uploaded their evidence. Thus Day 7 was actually yesterday. You can still try sending your comments but it will be best to do so by email to info@popla.co.uk
    • dannyuk
    • By dannyuk 30th Nov 17, 9:32 PM
    • 12 Posts
    • 0 Thanks
    dannyuk
    Hi Edna Basher,

    Yea just checked my letter, it does indeed say Parking charge Notice Reminded. Although I 100% didn't receive the first letter? What does this now mean?

    Thanks
    • Edna Basher
    • By Edna Basher 30th Nov 17, 9:55 PM
    • 611 Posts
    • 1,571 Thanks
    Edna Basher
    You can advise POPLA that you didn't receive the original PCN, highlighting that PE's evidence pack contains no proof that this was posted.

    However, on the assumption that POPLA are unlikely to agree with you on that point, you'll have to focus on trying to discredit PE's evidence in respect of other points you may have raised in your initial "appeal" - e.g poor signage, insufficient evidence of landholder authority etc.
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