POPLA appeal draft - suggestions please

p5x

Thanks, added that in and sent the appeal off.

Will post on here once I have a reply back from them.

nimbo

I completely love this site - I actually can't wait for them to turn down my soft appeal so I can get my POPLA letter off...

good luck with your response - your a bit ahead of me, so I am awaiting your news with baited breath.

p5x

Haha.

Got an acknowledgement email from POPLA saying my appeal should be considered in early December...:whistle:

Umkomaas

nimbo wrote: »

I completely love this site - I actually can't wait for them to turn down my soft appeal so I can get my POPLA letter off...

good luck with your response - your a bit ahead of me, so I am awaiting your news with baited breath.

Do please run your POPLA appeal past us before sending it off, and in case you haven't read it (apologies if you have), mitigating factors count for zilch with POPLA adjudicators.

nimbo

Umkomaas wrote: »

Do please run your POPLA appeal past us before sending it off, and in case you haven't read it (apologies if you have), mitigating factors count for zilch with POPLA adjudicators.

I'm confused - I wasn't planning to say anything about mitigating circumstances - just appeal on issues for example the notice to keeper has been worded incorrectly at their end....

I will run my POPLA letter by people on the board - I'm not sure that was directed at me or not, but it did originally quote me...

Umkomaas

nimbo wrote: »

I'm confused - I wasn't planning to say anything about mitigating circumstances - just appeal on issues for example the notice to keeper has been worded incorrectly at their end....

I will run my POPLA letter by people on the board - I'm not sure that was directed at me or not, but it did originally quote me...

Hence my apologies in advance - a whole week ago.

I hope your appeal covers more than incorrect wording on the NtK (like signage, proprietary rights, contract with landowner, GPEOL ... et al).

nimbo

Umkomaas wrote: »

Hence my apologies in advance - a whole week ago.

I hope your appeal covers more than incorrect wording on the NtK (like signage, proprietary rights, contract with landowner, GPEOL ... et al).

sorry missed the apologies, and the appeal will include a whole host of things beautifully pointed out on this board (and others), and shamelessly rehashed to save me £90.

p5x

i've had a payment overdue letter from these lot telling me to make payment within 7 days or they will transfer it to debt collectors.

I thought they couldn't make these threats whilst the POPLA appeal was awaited?

Coupon-mad

Worry ye not! They sometimes cross in the post before the PPC knows about the POPLA appeal.

p5x

POPLA have sent me a copy of the pack prepared by Athena. It seems to be a standard pack with my name sprinkled in for good measure.

They've got a few points which i've quoted below:

....has appealed. In doing so;

• He has not denied being the registered keeper.
• He has not denied being the driver at the time in question.
• He has not denied the length of stay.
• He has however made a number of legal points which we dispute.

The signs say for “customer parking only” and he does not appear to have been shopping at the store. Regardless, an offer was clearly made of parking for a period of longer than 90 minutes which would incur the charge we issued to him.

Not that it particularly matters but I was actually shopping at the store...is it worth mentioning this to POPLA?

They've attempted to deal with my appeal points about inadequate signage and lack of an agreed contract.

Athena ANPR Ltd have a contract with .... (who are the owner of the land in question),
which authorises us to issue parking charges, to enforce those charges and to pursue any nonpayment
of those charges. This arrangement is specifically allowed under the Protection of
Freedoms Act 2012.

They've also included a letter from the company in question "confirming that Athena ANPR have a contract with us to manage the parking arrangements on some of our properties". It then goes on to say they have authorised the PCC to issue charges and taking further action against non-payment.

To summarise:
• We are enforcing agreed charges rather than seeking a breach of contract.
• Our contract allows us to act as an agent of the landowner.
• There is adequate signage around the car park
• The Appellant has not disputed any of the facts of this case concerning the actual
circumstances of being on this private land for longer than the allowed time, as per our
paragraph 6 above.

They've ignored the GPEOL issue completely. Do you think I should send anything further to POPLA to strengthen my case or just wait for the appeal now?