Genuine Pre Estimate of Losses Appeal

Capt._Calculator

Do we have any examples when this hasn't been successful at POPLA?

I am just curious as there is a lot of information here and is confusing to newbies like me but is this a 'silver bullet'?

hoohoo

If you trawl through the POPLA results thread you will find that there have been 3 losses when GPEOL was raised.

The 1st two were early-doors verdicts, before the lead adjudicator had finished the assessors training. In both cases, the car parking company fired off a few post-popla letters to the motorist and then gave up. No monies changed hands.

In the 3rd case GPEOL did not apply because the PCN was for a contractual charge, not a breach of contract.

So it is a silver bullet for breach of contract cases

peter_the_piper

I've not known this to fail but it may well do if the ppc actually owns the land. There could well be cases out in the wide wide world where it has fail due to a pooly presented appeal or an adjudicator who is not up to the job.I'd not say its a silver bullet but wins more times than not.

Umkomaas

There was one case fairly recently where the GPEOL was 'hidden' in the verbiage - and lost. I'm not sure whether this is the 'contractual charge' case that hoohoo is referencing or not.

But it does highlight a couple of things to me.

Firstly is the need for very good layouts of appeals, and GPEOL should be very clearly paragraphed.

Secondly that OPs using copy and pastes of previous appeals need to make sure that they understand what it is they are copying, be aware of key winning points and ensure they are easily viewable/findable by busy assessors who seem to be desperately searching for a reason to issue a quick decision, given the backlog they have been experiencing.