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help with POPLA appeal

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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker

    Was also just wondering what are chances of winning appeal and if was to lose would they take court action to get me to pay?

    Our experience is that the prospects of success at POPLA for posters who follow the advice of the regular posters is pretty much 100%. So put anything else out of your mind and focus on your POPLA appeal.

    But to answer your second question - in the very very unlikely event of you losing at POPLA there is still no guarantee they will take you to court, and even if they do send you a Letter Before County Court Claim (LBCCC) announcing an intention to take you to court, they still have to jump through numerous Practice Direction hoops before they can start proceedings, and our experience is that they seem to be unable/unwilling to grasp what is required of them. So with assistance from here, you get a second chance to nail them and avoid court action. But that is time consuming and a bit of a PITA, so the best advice is to pull out all the stops and nail them at POPLA.

    Just remember to come back and tell us when you win your POPLA Appeal!

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Thanks for all advice is it worth posting on pepipoo site to to get feedback on appeal from people on there or would same advice be givin?
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Thanks for all advice is it worth posting on pepipoo site to to get feedback on appeal from people on there or would same advice be givin?

    Not necessary.

    If they give the same advice - which is likely as some members on here are also on there - you would just have wasted time.

    If they gave different advice, you would be left in a quandary as to which to take.

    We have a 100% track record so far and we want to keep it that way, so we would not have advised you incorrectly.

    But please feel free to do as you think fit.
  • Thanks think I will leave pepipoo then as I dont want to be wasting peoples time going over same post again as know people go to alot of time and effort on these forums.

    So if I went with appeal above and made the amendments coupons mad advised do you think that would be a good enough appeal, or is there anything I have missed that I should add or any wordings I should change.

    Thanks
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks think I will leave pepipoo then as I dont want to be wasting peoples time going over same post again as know people go to alot of time and effort on these forums.

    So if I went with appeal above and made the amendments coupons mad advised do you think that would be a good enough appeal, or is there anything I have missed that I should add or any wordings I should change.

    Thanks



    We are on pepipoo anyway, most of us, so you'd get nothing much different! I am SchoolRunMum over there and the Equality Act is my 'speciality' if you like, due to a previous job as a Disability Advice Manager. Your appeal has missed nothing out that normally wins - and we win 100% of the time at the moment - so make sure you submit the amended version (not saying you went to McDonalds...!).

    If you are submitting this online then be aware that POPLA's appeal box has a restricted word-count which will cause an error if you tried to copy that entire appeal into the box!

    So instead, make sure the word document you have this on, now has a header with the POPLA code on it so that every page shows the code. Then save it once amended, as a PDF and then attach the PDF link in the box with a one-liner: 'Dear POPLA, here is my appeal by PDF. Please let me know by return if this PDF is unreadable. My appeal is a complete letter from salutation to signature so if you can't open it or read it all please tell me immediately'.

    Or just post it stapled to a hard copy POPLA form with the 10 digit code at the top of every page.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Thanks again everyone.just waiting on note from midwife then going to submit.do you think note would do any good or should I just submit it without?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    I would get the appeal off without waiting for the midwife's letter.

    It is important to make the Equality Act point, but the appeal will almost certainly win on the 'unlawful penalty' or 'lack of capacity to issue charges' points. In any case, you can always forward the midwife's letter later.

    Dx
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Umkomaas
    Umkomaas Posts: 43,310 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks again everyone.just waiting on note from midwife then going to submit.do you think note would do any good or should I just submit it without?

    You're in danger of trying to gild the lily and potentially miss the POPLA deadline, then there's a whole pile of fun awaiting you.

    Advice is strong that your appeal is good as it stands, so don't delay sending it off. As Daisy says, if and when you get the midwife's confirmation, you can send that off to POPLA as additional evidence.

    If sending any additional evidence make sure you cross reference each page with your POPLA 10-digit code and also mark it 'Additional Evidence, please link with original Appeal'. Also ask them to acknowledge receipt.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The note from midwife for popla is a complete red herring and waste of time.

    Just send it of
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    No need to wait as POPLA is so far behind with cases that there will be many months for you to submit additional evidence.
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