Company car/Excel & Roxburghe

Coupon-mad

andylong42 wrote: »

A quick question as I have just sent of the appeal to Excel. I have included the 3 points as stated earlier:-

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location

I can understand point 1, but are points 2 & 3 just a stab in the dark or is this typically the case for the likes of Excel? Are they not specific to each car park?

Thanks

Andy

2) is not necessarily the case because the Peel Centre signs were updated in July. But it forces a PPC to prove signage to POPLA, in the form of maps and photos which can be wrong/omitted. Makes it harder for them to fight and so we always include 'prove your signage' as a POPLA point.

3) is not a stab in the dark but it's a bit more complicated than that wording when it comes to POPLA stage. In the Newbies thread, post #3 there's a link 'How to win at POPLA' with at least one example written for the Peel Centre which can and does win every time at a POPLA appeal. Point #3 often wins with Excel because they are loathe to show POPLA an unredacted contract for reasons of hiding stuff...so they lose! And if not then point #1 wins because Excel cannot show their charges to be a genuine pre-estimate of loss, because they are not.

Redx

andylong42 wrote: »

A quick question as I have just sent of the appeal to Excel. I have included the 3 points as stated earlier:-

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location

I can understand point 1, but are points 2 & 3 just a stab in the dark or is this typically the case for the likes of Excel? Are they not specific to each car park?

Thanks

Andy

its not your job to do their job for them

the points are valid and have been explained many times , the point being that if you raise these questions then they have to be considered by popla or the court, if you do not raise them, then the opposite can apply, and popla never consider any point that isnt raised, so they wont help you by finding in your favour on a point you did not raise

so all you do is follow the advice and raise the issues, let others then deal with the issues raised , but it would be stupid never to raise it in the first place, relevant or not

hope that explains it from my laymans viewpoint

andylong42

Yes thank you both for the replies and it certainly makes more sense now!

andylong42

OK, I have now received my POPLA code from Excel so I guess this is where the fun really starts! Is there a current POPLA appeal that people are using that seems to be working?

bod1467

Go back to the NEWBIES thread - all the info you need is there (or linked therefrom).

andylong42

Some advice please. I am basing my POPLA appeal on this:-

https://forums.moneysavingexpert.com/discussion/comment/64393064#Comment_64393064

This appeal is based on punitive charges, authority on the land, and signage.

My initial response from Excel does cover all of these areas:-

"Signs are clearly visible" - and goes on to list 86 x prominent signs with sizes.

"Charges are set in place by the land owner whom EPS manages the car park on behalf of"

"BPA Code of Practice....recommends Maximum Charge shall not exceed £100" then quoting Parking Eye v Kevin Shelley (2013). "we consider the amount on the PCN as a reasonable charge for liquidated damages in respect of the breach of the parking contract..."

Does the fact that they have responded in the method above change my POPLA appeal in any way?

Many thanks

Andy

HO87

In an word "No".

Once you have finalised your appeal feel free to post it up for one of use to check through. Don't forget that mitigation cuts no ice at POPLA so stick to the basic script in the templates.

4consumerrights

andylong42 wrote: »

Some advice please. I am basing my POPLA appeal on this:-

https://forums.moneysavingexpert.com/discussion/comment/64393064#Comment_64393064

This appeal is based on punitive charges, authority on the land, and signage.

My initial response from Excel does cover all of these areas:-

"Signs are clearly visible" - and goes on to list 86 x prominent signs with sizes.

"Charges are set in place by the land owner whom EPS manages the car park on behalf of"

"BPA Code of Practice....recommends Maximum Charge shall not exceed £100" then quoting Parking Eye v Kevin Shelley (2013). "we consider the amount on the PCN as a reasonable charge for liquidated damages in respect of the breach of the parking contract..."

Does the fact that they have responded in the method above change my POPLA appeal in any way?

Many thanks

Andy

You seem to be making this out to be harder than what it is - almost as if you don't want to win and questioning what Excel have said.

The BPA's quote that the £100 is fair CONTRADICTS what both their own wording for GPEOL and what the OFT states as guidance.

Just do some resarch please on POPLA appeals (NEWBIE links) and what wins -the POPLA thread linked in Crabman's first link

andylong42

I probably am. You have to remember that I have only done this once so it can be a little daunting and stressful. I have this fear that I will be the one that ends up losing after all the successful appeals!

Coupon-mad

Won't happen!