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Staples parking ticket.

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Comments

  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bod1467 wrote: »
    I agree. For a POPLA appeal you can drop point 7. (It doesn't hurt to leave it in, just that the assessor will ignore it and will allow your appeal on 2 or 5 depending on their mood).

    Except it gives the PPC another hoop to jump through, and some extra legwork to do in providing an answer to the point raised.

    They don't mind putting a motorist through many greater hoops in order to fight an unfair parking charge which has been shoved in their face, so a taste of a bit of their own medicine perhaps.

    The more they have to do to deal with a POPLA appeal, the greater the possibility of them withdrawing a charge?
    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
  • Brit27
    Brit27 Posts: 82 Forumite
    Part of the Furniture Combo Breaker
    I received an email from POPLA today stating that my appeal will be dealt with on or soon after 30 January , I'll report back sometime around then .
  • Brit27
    Brit27 Posts: 82 Forumite
    Part of the Furniture Combo Breaker
    As of today the 6th Feb, I have not heard anything from POPLA regarding my appeal, I did however receive a Final Notice letter from G24 last Friday the 1st.
    The evidence pack came through mid January from G24.
    Should I be concerned that nothing has appeared yet ?
  • Coupon-mad
    Coupon-mad Posts: 152,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 February 2014 at 12:17PM
    I would email POPLA and ask for the decision. Let us know. I'm hoping you didn't just post it to POPLA fairly loosely folded in an envelope without securing the second/third printed page and ensuring the POPLA number was on all printed pages. If POPLA only saw point 1 then you may not have won (that happened to someone whose page 2 wasn't securely stapled and was lost). If you submitted all the wording online and it fitted into the appeal box then no worries.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Brit27
    Brit27 Posts: 82 Forumite
    Part of the Furniture Combo Breaker
    I did fill the form in online and received an acknowledgement from them, so I will mail them on Monday for a response. I will report back once I have an answer.
  • Brit27
    Brit27 Posts: 82 Forumite
    Part of the Furniture Combo Breaker
    I mailed POPLA as Coupon-mad suggested and received a reply that said my case hadn't yet been heard but would be chased up.


    The decision on my appeal came through today and I'm pleased to say that it has been allowed .


    On 2 November 2013 at Medway Street, Kent, the appellant was issued with a


    parking charge notice for breaching the terms and conditions of the parking


    site.


    It is the operator’s case that the appellant overstayed the maximum stay of


    90 minutes at the parking site. There is photographic evidence to support that


    there was adequate signage at the site to inform motorists of the parking


    terms and conditions. There is also evidence from the operator’s automatic


    number plate recognition system which shows the appellant’s vehicle,


    registration number ######, enter the site at 18:40 and exit at 20:23, a total


    stay of 103 minutes.


    The appellant has made a number of submissions, however, I will only


    elaborate on the one submission that I am allowing this appeal on, namely


    that the parking charge amount is not a genuine pre-estimate of loss.


    The burden is on the operator to prove that the parking charge is a genuine


    pre-estimate of loss. However, the operator has failed to establish a genuine


    pre-estimate of loss. Therefore I am not satisfied that the operator has


    discharged the burden.


    Accordingly, this appeal must be allowed.




    Farah Ahmad






    Assessor


    A big thanks to Coupon-mad and the other forum members who guided me right direction regarding my appeal, brilliant job and keep up the good work :)
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Farah now understands GPEoL? :)
  • Well done to Brit 27 - it is as pity that Farah did not understand breach of contract when disguised as a contractual charge in other cases - as a consequence court papers were immediately served on other people.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    excellent news though, so post it up in the POPLA DECISIONS thread for posterity, if you havent done so already
  • Brit27
    Brit27 Posts: 82 Forumite
    Part of the Furniture Combo Breaker
    Redx wrote: »
    excellent news though, so post it up in the POPLA DECISIONS thread for posterity, if you havent done so already

    A link to this thread has been kindly posted there by another member :).
This discussion has been closed.
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