POPLA appeal - supporting evidence

Umkomaas

berti09 wrote: »

Hi

I overstayed in a met parking space in a macdonalds in south london by one hour.

Use this letter to appeal to met and they accepted it. No questions asked!

WELL DONE!!!!!!

Are you on the right thread here?

parking_mad_4

My appeal is due to be "heard" by POPLA next Friday. I understood that I'm supposed to receive copies of Parking Eye's evidence against me. To date I have not received anything. Should I be concerned? Does this indicate that PE have not even bothered to try to counter my appeal?

Redx

parking_mad wrote: »

My appeal is due to be "heard" by POPLA next Friday. I understood that I'm supposed to receive copies of Parking Eye's evidence against me. To date I have not received anything. Should I be concerned? Does this indicate that PE have not even bothered to try to counter my appeal?

it would seem that way

there was another thread on here yesterday with similar details that I replied to as regards what happened in my case I am working on

popla sent me the "evidence" some 5 weeks prior to the appeal date

this was excel not pe, but same principles apply

kirkbyinfurnesslad_2

parking_mad wrote: »

My appeal is due to be "heard" by POPLA next Friday. I understood that I'm supposed to receive copies of Parking Eye's evidence against me. To date I have not received anything. Should I be concerned? Does this indicate that PE have not even bothered to try to counter my appeal?

No not really.

Things will most likely be delayed

The_Deep

GermanKeeper wrote: »

As this is a very abstract regulation, it needs some explanation and interpretation. Since it coincides with the "Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts"
Article 3.1 (available on the eur-lex.europa.eu website)
it has to be interpreted in accordance with this EU-regulation.
Therefore it may be helpful to mention the following Jugdement of the European Court of Justice in Luxemburg
C‑415/11 - Aziz from 14th March 2013:
(available on curia.europa.eu)
So if the national laws say that one has to pay only for the actual loss or damage, then I think a term in the contract which forces the consumer to pay a sum which is disproportional to the pre-estimated cost of loss (or damage) has to be considered as unfair.

The formulation "must be interpreted" means that a national court which allows no further appeals to its decision has to ask the European Court in Luxemburg for authorization if it wants to interprete it in another way.
This coincides with Point (e) in the Annex of the European directive.
I am wondering why the British parliament has formulated "may be unfair" instead of "are unfair". The Annex of the European directive is a suggestion to the member states. But the parliament should make rules and not hand over these suggestions to the national jugdes.

Aaaagh! Just when I thought that I was beginning to understand this parking lark you post this, I think that I shall go and lie down.

hoohoo

parking_mad wrote: »

My appeal is due to be "heard" by POPLA next Friday. I understood that I'm supposed to receive copies of Parking Eye's evidence against me. To date I have not received anything. Should I be concerned? Does this indicate that PE have not even bothered to try to counter my appeal?

The POPLA standard timescales are that the adjudication is on or after 35 days from when they acknowledge your appeal, and that the operator should supply evidence on or before day 28.

If it is past day 28, phone up POPLA to check what is happening, and follow up with an email to enquiries@popla.org.uk with your POPLA code in the subject line, stating you have not received the operator evidence.

parking_mad_4

I have today received parking eye's evidence; an envelope an inch thick. PE sent it to me just 1-2 days before the earliest adjudication date, leaving me no time to go through it, understand it or respond to it. Is this dirty tricks? Can I complain to POPLA about it?

Coupon-mad

Yep they keep doing this - 52 pages one poster said! - let them waste their postage. You'll win. Please send the Parking Prankster a scan or picture of any witness statement they have included from the landholder:

http://parking-prankster.blogspot.co.uk/2013/11/i-am-collecting-parkingeye-witness.html

Have a chuckle at all his other blogs on the right of that one, while you wait a week or two for POPLA to confirm you have of course won.

parking_mad_4

I won at POPLA!

kirkbyinfurnesslad_2

Yay

Could u post up the decision please