Help with POPLA Appeal Points

john-bruce

I need some help to draft POPLA appeal, PPC rejected my soft appeal and sent me popla code and I m not sure which points I need to focus to win this appeal in POPLA.

This was my appeal to PPC.

I would like to submit my appeal regarding above PCN due to the following reasons;

There was insufficient signage. British Parking Association’s Code of Practice mentioned that signage must explain that the car park is a private land and that it is managed by an AOS operator. This was not mentioned anywhere in car park and on signage. Signage were not according to BPA standards as were in small size written in small fonts and were not readable. I was unable to determine what the relevant parking restrictions were because there was no clear signage to explain what they were. Therefore I had no idea about any alleged terms and conditions.

British parking association’s Code of Practice for Parking on Private Land clearly states that if you enter a car park and decide not to park, you must be given a reasonable amount of time to leave. As 10 minutes are allowed to pay and I decided not to park and pulled out after just 2 minutes and 28 seconds. I must be given a reasonable time to leave.

The demand for a payment of £150 is a punitive amount that is against BPA’s code of practice which says amount must not exceed £100.

The alleged £150 parking charge notice does not reflect any genuine pre-estimates of loss/damage caused to landowner.

This parking charge notice is unenforceable, unreasonable and punitive. I would be grateful if you could please cancel this parking charge notice or, failing that, issue POPLA code in order that the charge may be challenged.

I also want to see the evidence that Civil Enforcement Ltd have authorisation from landowner to issue such parking charge notice. Please provide me a copy of evidence as soon as possible.

They just sent me a standard letter rejecting my appeal and not mentioned any thing about pre-estimates of loss and authorization from landowner etc.

Please give me some useful advice to win this in POPLA.

Thanks

Coupon-mad

This example has the paragraph about grace periods (amend to suit):

https://forums.moneysavingexpert.com/discussion/comment/61207207#Comment_61207207

and this one is a good basis as it's a recent one about CEL, with solid wording about 'no pre-estimate of loss' and 'no BPA-compliant contract with landowner':

https://forums.moneysavingexpert.com/discussion/comment/63291442#Comment_63291442

So amalgamate the two, add in anything else you wish to raise. I see you have already pretty much inferred who was driving which is a shame but steer you appeal back to being written in an impersonal way for POPLA, writing as the registered keeper.

Guys_Dad

Do make good use of the £150 charge being over the BPA max and use the wording of the Cop to put them to demonstrate why it exceeds the £100.

john-bruce

Dear all, I submitted POPLA appeal and PPC sent me evidence, I need some more info regarding some points.

1-PPC said this is Contractual Obligation Not a Pre Estimate of loss/damage. We are seeking performance of a specific contractual obligation (to pay the parking charge).

2- In my appeal I mentioned £150 charge is against the BPA code and they provided copy of one email from BPA and surprisingly in that email £150 charge is not mentioned, email receiver is unidentified and email is one year before the date PPC started managing this car park. It looks like email is fake.

3- I demanded copy of contract between PPC and landowner, they provided WITNESS STATEMENT from administrator of co-op group, statement is not on company headed paper, no any doc reference number and no any contact details of witness. I think this witness statement is homemade.

Please give me some advice either these things are enough to cancel this PCN, Thanks

Coupon-mad

Just state what you have noticed, in a brief updated evidence summary and whizz it to POPLA before they make their decision. Say that Witness Statements regarding private parking contracts are inadmissible, not necessarily dated by the signatory, not on headed notepaper, not confirmation that a contract even existed before/at the time of the parking incident, not proof that the contract gives CEL the legal status to make contracts with drivers - and are wholly unreliable and irregular, as has been seen in recent Parking Eye cases, look, you can cite them even though yours is a CEL case:

http://forums.moneysavingexpert.com/showpost.php?p=62971894&postcount=65

Also you can see the small claim case CEL lost there (they never turn up apart from that one!!).

john-bruce

I need OBSERVICES v THURLOW review case original judgment, grateful if you please tell me where I can find this, thanks

Coupon-mad

It's in the 'Welcome' sticky thread by Crabman, near the top of this forum, linked under 'court cases (non exhaustive).' I am not linking it as I feel newbies are best to explore the sticky threads themselves & read all the useful stuff there so that they can whizz confidently around the forum. There are loads of good court cases won, not just OBServices and they are all there as I have been keeping the link up to date with recent wins.

john-bruce

Dear Coupan-mad and Guys Dad, thank you for your great help, my appeal at POPLA allowed , please let me know how I can upload decision here?

Regards

Redx

john-bruce wrote: »

Dear Coupan-mad and Guys Dad, thank you for your great help, my appeal at POPLA allowed , please let me know how I can upload decision here?

Regards

highlight the decision text and select copy (ctrl + c) , start a reply and click paste (ctrl + v)

remove any personal info like your name , address , email , reg number etc blanking out with xxxxxxx and deleting the characters for your personal stuff

submit reply

if you know how to use square brackets and QUOTE and /QUOTE then enclose the copied text within , by having the starter QUOTE (square bracketed) and then the end /QUOTE (square bracketed) either end of the pasted info

like this

hello