POPLA Decisions

fisherjim

The contract may not for example allow them to pursue through the courts, they wouldn't want you to know that.

JS477

fisherjim wrote: »

The contract may not for example allow them to pursue through the courts, they wouldn't want you to know that.

Fair comment but if the appeal was allowed for example for non-compliant signage then I presume that would be grounds for bringing the matter to the attention of the BPA because as far as I can see the rules on signage in the CoP is pretty clear and straightforward.

Leigh5t

Thanks to all the help on this forum, my POPLA appeal has been successful! :beer:
Here is my thread https://forums.moneysavingexpert.com/discussion/5311370
Date of pcn 27/06/15
Smart parking - Asda (Sutton in Ashfield)

Appeal allowed on lack of evidence for landowner authority.

Assessor Eileen Loannou.

Thanks again!

Computersaysno

JS477 wrote: »

Fair comment but if the appeal was allowed for example for non-compliant signage then I presume that would be grounds for bringing the matter to the attention of the BPA because as far as I can see the rules on signage in the CoP is pretty clear and straightforward.

Your original question was 'Does a POPLA loss mean an automatic breach of BPA CoP??'....the answer is still No, and it'll still be no tomorrow.

PTJBS05

Thanks to the help of people on the Forum my case was at Popla Appeal stage and Parking Eye backed out. Details can be found at


https://forums.moneysavingexpert.com/discussion/5317558


Here is the letter of PE backing out:


https://www.dropbox.com/s/ziog09h76q020t0/Parking.jpg?dl=0

pixiehelper

Hi was looking for some advice I parked in a private car park on approach there is an entrance going in which you drive along to go around to the rest of the car park. Cars were parked here I parked behind them as there was nothing to indicate on approach you could not. There were no yellow lines to indicate no parking when I came back I had a ticket on looking I saw a couple of signs on lampposts alongside where we were parked but these were not visible on approach they were side facing. Am I within my right to appeal this.

ampersand

pixie - you've been an mser for nearly 3 years :-), so you'll have no trouble starting your own Thread for this, as required.
Begin by reading the newbies stickies, which you should have found already -
https://forums.moneysavingexpert.com/discussion/4816822

DavidJohnRees

Just wanted to say thank you for your help!

Update from the POPLA website shows:

Appeal has been withdrawn by the operator
Withdrawn on 10/12/2015
Verification Code: 4413145431
Withdrawal reasons: We would like to withdraw from this appeal

I went with the 4 points below taken from the appeals by users MISTERBARLOW and Tonofun:
1. A non-compliant and erroneous Notice To Keeper (NTK), failing to meet the conditions of Paragraph 9 of Schedule 4 of POFA 2012, therefore there is no keeper liability.
2. The signage on the [possible site] (see 1(a)below) is inadequate and was either not seen or not understood by the driver, so no contract could have been formed.
3. The lack of NGP’s proprietary interest in the land at the [possible site] and no contractual authority from the landowner.
4. Unreasonable and unfair terms.

and I even left out point 5 about the 'Genuine Pre-Estimate Of Loss' and it still worked.

Thanks again!

paulsmith0071

Will any of the experienced and knowledgeable members such as Coupon-Mad and Umkomaas be willing to please review my appeal to POPLA as I am running out of time.

My thread with the final appeal can be found here - https://forums.moneysavingexpert.com/discussion/5374047

I just need the confirmation and once over to confirm that yes my appeal is ok to be submitted to POPLA.

Thank you.

pogofish

paulsmith0071 wrote: »

Will any of the experienced and knowledgeable members such as Coupon-Mad and Umkomaas be willing to please review my appeal to POPLA as I am running out of time.

My thread with the final appeal can be found here - https://forums.moneysavingexpert.com/discussion/5374047

I just need the confirmation and once over to confirm that yes my appeal is ok to be submitted to POPLA.

Thank you.

Please don't hijack this thread with unrelated posts!

They will find your appeal in their own good time!