Another Excel PCN..

Umkomaas

Here's the link to the excellent POPLA template prepared by forum regular contributor Guys Dad.

How did you get on with your complaints to the BPA and DVLA?

https://forums.moneysavingexpert.com/discussion/4816165

Bannister_Sliding

Thanks Umkomaas. I haven't had any reply as of yet (from the addresses given above) so plan on sending copies to the email addresses that Coupon Mad has got on one of the sticky threads.


Redx, Thanks for your reply. I'm not looking for someone to write my appeal I'm quite capable. I was looking for opinions on the points made, particularly the "non-PoFA" route line the PPC has used. I have had mixed opinions thus far about whether they have any right to continue to pursue me having not met the requirements of section 4.


Some say they can on the probability that the keeper is the driver which they can seek to prove in court..but what does that mean at POPLA... I haven't seen any other posts about this but have not read all threads so may have missed it if it has been mentioned elsewhere! The general advice is always they must follow PoFA to the letter or they cannot pursue keeper.

Umkomaas

I'd just go with a full blown POPLA appeal, but you should mention in it their attempt to twist the situation into a non-PoFA one because THEY failed to work within its requirements.

POPLA won't be interested in who was or wasn't the driver. And in any case once they spot GPEOL in your appeal that will be their focus. So make sure you have this specific point as a key one within the overall appeal.

Guys_Dad

Bannister - have Excel used a witness statement for the contract? PE always seem to but interested in other PPCs' use as well.

Thanks.

Stroma

They can't pursue the keeper outside of pofa unless you admitted to driving and being the keeper of the vehicle - idiots!

Bannister_Sliding

Thanks everyone for your thoughts. I will just put absolutely everything in the POPLA appeal.


Thanks Stroma - I hope the adjudicator agrees!


Guy's Dad, they don't mention a witness. About their contract they say: "Our contract with the landowner provides for us to act in our own name and we have been employed to strictly enforce the terms and conditions as per a contract with the landowner, therefore we are the creditor. Signage clearly identifies Excel Parking Services Ltd as being responsible for the management and control of the car park at the Cavendish Retail Park. We will not be providing the landowners details or a copy of our contract will as this is commercial sensitive and confidential information. However, should you appeal to POPLA, a copy of the redacted contract will be included as part of our evidence pack." (Yes they are a bit clumsy with their words there).


Why they couldn't provide a redacted copy to me I don't know. How am I supposed to know whether they are legit. Signs at the car park are not sufficient proof. Scammers have gone to far greater lengths to get money out of people!


I would hope that POPLA wouldn't accept a witness statement but will pre-empt that outcome and mention it in my appeal, like you have suggested in your post.

Guys_Dad

Well, if they leave it at that, they will lose and not necessarily on GPEOL

Have a read of post #525 here https://forums.moneysavingexpert.com/discussion/4488337

So don't miss the contract point!!

Coupon-mad

Some say they can on the probability that the keeper is the driver which they can seek to prove in court..but what does that mean at POPLA...

Means nothing at POPLA at all as long as you appeal as registered keeper and show why therefore you are not liable in law, why they have no legal standing, how they have failed to invoke POFA2012 and why the charge is a hopeless penalty and not any pre-estimate of loss.

Here's my link of 'how to win at POPLA', which includes Guys Dad's thread but also a lot of other example appeals (you will see a pattern):

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

HTH and show us your draft, we can make sure you win. Easy against Excel, especially when they are aiming this at the keeper but haven't even got the POFA 2012 leg to stand on!

Bannister_Sliding

Thanks Coupon Mad! I will make it my primary point then but include everything else. Going to try to include examples of previous cases that prove my points so might be a lengthy number! I'll see if anyone wants a read through when I'm done.


Cheers all!!

Guys_Dad

Don't write War & Peace. You don't need that much and it might just pi$$ off the adjudicator who has to read the submission.