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PPS Parking Notice - I've already appealed
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ShivyDevon wrote: »Thanks for that point. However, I thought POPLA was a one off opportunity and that evidence could not be submitted beyond the appeal hearing date? Granted that is 7 days away - could POPLA request it in that time or do thy just go on what they have got?
Thanks
Think it's still time to add it to the appeal if you do it now.When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
Hmmm...I think I would just let it run now, that's a very short time scale and if they haven't sent the contract to POPLA you will win. You don't want to be demanding to see it or you could blow your chances! What if the PPC says 'of course, here it is'!!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Coupon-mad wrote: »Hmmm...I think I would just let it run now, that's a very short time scale and if they haven't sent the contract to POPLA you will win. You don't want to be demanding to see it or you could blow your chances! What if the PPC says 'of course, here it is'!!
That was my thoughts/concerns. So POPLA won't request to see the contract?
I'm minded to leave it now and see what POPLA decide then go from there! Thanks guys! Will keep you posted.0 -
Do not make a further request to see the contract. You already asked to see it in your original appeal. That is enough. As coupon mad points out, raising the point again may just spur the PPC into action.I require that Premier Parking Solutions produce a copy of their contract with the owner/occupier
It is clear POPLA will adjudicate in your favour. Here is a recent decision from the sticky that mirrors your case.The Operator states that they are not obliged to provide a copy of any authority but that if I wish to see it they will discuss the matter. However I may only make a decision on the basis of the evidence submitted to me and I am not permitted to enter into discussions with the parties. A copy of the contract has not been produced.
As you see, POPLA will not chase up any missing evidence from either party; they only adjudicate on what is actually sent to them.I thought POPLA was a one off opportunity and that evidence could not be submitted beyond the appeal hearing date? Granted that is 7 days away...
You can submit evidence at any time up to the date the adjudication actually occurs; just send an email with the POPLA reference in the subject line. If you think about it, this is only fair. You send in your case first; this gets sent to the PPC and they get to craft their case with full sight of all your arguments. If POPLA did not allow you a right of reply then the process could easily shown not to be impartial.
If you like then, you can reply to the PPC arguments. I wouldn't advise it in this case, since POPLA are consistent in upholding appeals if a contract is asked for and not produced.
By the way, your case won't be heard in 7 days. That is the POPLA estimate for the earliest date the case could be held. When you start the clock ticking with the appeal, they set a hearing date of 35 (ish) days from that date. This is because the PPC has x days to consider your evidence and submit their reply, and you then have y days to reconsider their reply and reply again (x+y=35).
The POPLA backlog is around 20 days, so your case will probably be held around the end of May.Dedicated to driving up standards in parking0 -
On the question of contracts, it seems (as reported on PePiPoo) that Parking Eye are trying to get a motorist to sign some sort of gagging clause before they will give them sight of the contract. Hopefully that motorist will tell them to get lost.What part of "A whop bop-a-lu a whop bam boo" don't you understand?0
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trisontana wrote: »On the question of contracts, it seems (as reported on PePiPoo) that Parking Eye are trying to get a motorist to sign some sort of gagging clause before they will give them sight of the contract. Hopefully that motorist will tell them to get lost.
Well I saw it and told the OP to ignore it and not sign it, why should he? They'd sent it to him when he already has a POPLA case being considered, and said 'sign this and we'll release the contract'. Well...seeing as POPLA will find against PE for not providing a contract, why on earth would the appellant sign that??PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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