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Soft appeal, rejected = POPLA time! Advice appreciated...

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13

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  • Hello one and all...

    Hope you're well?

    Tomorrow is D-Day for my POPLA hearing & still no evidence pack received from PE...can anything be read into that?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Perhaps contact POPLA and ask if THEY have received the evidence pack? (If the PPC don't supply it to POPLA then you win the appeal by default).
  • Coupon-mad
    Coupon-mad Posts: 151,849 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Your decision won't happen tomorrow then! I agree with bod1467 - email POPLA and ask what happened to PE's evidence pack.
    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
  • Yup - right you are. Nothing did happen and nope, they don't have anything from the operator yet, either.

    For those interested, I gather the procedure is now for the case to go on file until PE get around to submitting and then, when they do, it's down to the discretion of the adjudicator to decide whether they consider their evidence if/when they send it in.

    I'm sure there are other instances of this happening at the POPLA stage - if anyone else has had a similar experience and can share what happened to their case (thrown out or still assessed properly) I'd be interested find out the outcomes experienced!
  • Coupon-mad
    Coupon-mad Posts: 151,849 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A fair number of cases we see, do get thrown out when no evidence pack arrives, yes. But PE normally send a thick wedge of paper, standard tree-killing drivel about 'commercial justification' which POPLA promptly disagree with - and everyone here then wins on 'no GPEOL'!
    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
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Coupon-mad wrote: »
    A fair number of cases we see, do get thrown out when no evidence pack arrives, yes. But PE normally send a thick wedge of paper, standard tree-killing drivel about 'commercial justification' which POPLA promptly disagree with - and everyone here then wins on 'no GPEOL'!

    Those parcels are now getting so heavy that PE are not putting the correct postage on them. In a recent case lost by PE the motorist successfully claimed for the extra postage they had to pay on two occasions at the sorting office to retrieve the parcels.

    I wonder if that's why some PE paperwork goes missing. I know from personal experiance that the posty doesn't always leave a card telling you there is post waiting for you at the depot,
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • class_clown_2
    class_clown_2 Posts: 13 Forumite
    edited 6 February 2014 at 6:41PM
    Hi all,

    Well the decision has arrived and POPLA have allowed my appeal.

    In the end, PE sent nothing through to me by means of evidence and the assessor for my case delivered the following as their rationale:
    "It is the Applellant's case that the parking charge notice was issued incorrectly.

    "The operator has not produced a copy of the PCN, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.

    "Accordingly I have no option but to allow the appeal."
    _party_:dance:
  • Umkomaas
    Umkomaas Posts: 43,367 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yet another PE POPLA opt-out.

    Are they seeing the light?
    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
  • @ Class Clown - well done.



    Umkomaas - if only they would!

    IMO - they may be regrouping following their tutoring and don't forget the PPCs had a special meeting a few days ago in London.
  • bob?_3-2
    bob?_3-2 Posts: 35 Forumite
    PE maybe got fed up of throwing good money after bad but after saying that they must be loaded with other people's money they have dishonestly acquired.
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