POPLA Decisions 9 March 2013 at 6:49PM edited 28 October 2016 at 9:29AM in Parking tickets, fines & parking 4.3K replies 927.3K views

Pinacolada_2

I have emailed back a formal complaint as my appeal was not considered. I will also write a letter and put it in the post to their lead adjudicator! Thanks

Guys_Dad

Pinacolada wrote: »

I did not appeal on the basis of mitigating circumstances. Coupon-mad helped me write a long appeal using various points of law. The assessor did not even address these in her decision.

You can see my appeal here http://forums.moneysavingexpert.com/showthread.php?t=4697633&highlight=pinacolada

I always worried about long appeals with drawn out points actually obscuring the winning points. Adjudicators are under pressure and may not be well trained, so they can overlook things.

I am now of the belief that we need to do 3 things.

1. Keep points succinct and no waffle.

2. Start off by saying "I wish to appeal and have 5 (or however many you want to use) points that I wish POPLA to consider.

3. Number the different points.

I would also like to see an appeal where the appellant wrote "My main appeal point is........
Should this not be successful, and only then, my second appeal point is.................
Should this not be successful, and only then, my third appeal point is.................

This may get some varied decisions on some of the points we are using (apart from pre-estimate of loss) that the adjudicators seem to cherry pick.

Computersaysno

Guys_Dad wrote: »

I would also like to see an appeal where the appellant wrote "My main appeal point is........
Should this not be successful, and only then, my second appeal point is.................
Should this not be successful, and only then, my third appeal point is.................

This may get some varied decisions on some of the points we are using (apart from pre-estimate of loss) that the adjudicators seem to cherry pick.

What, you think you can tell POPLA how to read your appeal and give them a running order for their decision making??

Not a chance [and I don't blame them].

Adjudicators are not interested in what you want, they will do what any sensible person would do, skim read looking for easy wins [eg GPEOL] and soon as they see one, they will put it in the 'out' pile, stop work and have a cup of coffee. Job done.

If you want a decision on a particular point, you will need to make that your SOLE appeal point.

Guys_Dad

Computersaysno wrote: »

What, you think you can tell POPLA how to read your appeal and give them a running order for their decision making??

Not a chance [and I don't blame them].

Adjudicators are not interested in what you want, they will do what any sensible person would do, skim read looking for easy wins [eg GPEOL] and soon as they see one, they will put it in the 'out' pile, stop work and have a cup of coffee. Job done.

If you want a decision on a particular point, you will need to make that your SOLE appeal point.

You may be right, but unless you are a POPLA adjudicator, then your post is an opinion, not a statement of fact.

There is no downside to trying what I suggested and if you are right, nothing lost.

And, of course, they have missed the additional points on the previous appeal, didn't they?

Stroma

Maybe give a preamble at the beginning outlining your appeal.

Dear Popla

I wish to appeal on the following bullet points

1) Pre estimate of loss
2) No contract
3) Lack of visible signage
4) Breach of Pofa2012 and BPA CoP
5) Breach of Equality Act 2010

Then give the situation and brief mitigation if you wish so it gives them a bit about the parking etc, and go on with each point in the preamble

1)
2)
3)
4)
5)

Then after that your closing statement and that is it

kirkbyinfurnesslad_2

I only think appeals need to be two paragraphs at most Why waste effort on anything else..... Succint and straight to the issue at hand

Stroma

I don't think its wise to appeal on only one or two points, what happens if they decide that is no longer a winner ? I agree long winded appeals are not needed, but you can be succinct with 4 or 5 different points

kirkbyinfurnesslad_2

True enough stroma. But succintness is the key

Stroma

If you put in a preamble and bullet point the different points, it leads the adjudicator that the appeal has a pre estimate of loss in there for example, that at the moment is an instant win - appeal accepted, copy and paste their favourite bit of text for this and onto the next one

Coupon-mad

Pinacolada wrote: »

I have emailed back a formal complaint as my appeal was not considered. I will also write a letter and put it in the post to their lead adjudicator! Thanks

Looks as though POPLA didn't read the attachment and only saw that you had ticked the box 'not liable for the parking charge'. They had nothing to go on except your first appeal - so what happened to the POPLA attachment, that's the question, as that was your appeal!

Don't pay the PPC. If you get a letter before claim start a new thread.