GPEoL & Operational Costs! POPLA REFUSED

Coupon-mad

This really wasn't surprising and I would never suggest relying mainly on 'no GPEOL' against Napier as they own many of their car parks and don't word their signage as 'breach'. No GPEOL isn't a magic bullet where the signage isn't worded that way and I do keep repeating this every so often!

It took a lot of thought to reach the wording that LowEndTheory used on pepipoo when he beat Napier at POPLA... and I wasn't certain it would work...it did.

So sadly, this thread is an example of how not to do a POPLA appeal v Napier or C.Parking.Solutions and is not one that was advised by the forum (I would never have suggested relying heavily on a standard set of paragraphs about 'no GPEOL' from the usual template examples). I have checked your original thread and we were shocked that you just submitted a POPLA appeal to Napier without any wording help, BIG MISTAKE!

https://forums.moneysavingexpert.com/discussion/4784182

...my post #4 warned you about this, told you what to look for & said 'I am urging caution over the POPLA appeal.' Then you just sent a version off without us seeing it.

And now, unfortunately, you should expect a small claim which may be hard to defend IF Napier do own this car park. Oh dear.

esmerobbo

Its Devere in Bournemouth by the way.

Napier have a better than average chance of avoiding GEPOL as they do own the car parks and they are P&D.
Assessor was a bit extravagant on the 3 hours staff time, for no doubt issuing templated letters? I doubt anything was done out of the norm.

As far as I am aware Napier have only done court once, and given they throw the case at everyone who appeals then it seems thats it, but after a POPLA win they may feel the need for another.

Stroma

Yes you are right , getting my scammers mixed up

spacey2012

I think it is more of a case that POPLA have been put in their rightful place by their masters the BPA.
We shall see in the next weeks.

nigelbb

Never mind the dodgy witness statement or dodgy calculations on GPEOL it's illogical to accept that £90 can be exactly the loss incurred. The only income that PPCs receive comes from from issuing parking charges in this case for £90. So unless the company is running at a loss the £90 claimed must include an element of profit which means it cannot be a GPEOL.

nigelbb

We didn't see full details of the OP's case nor the wording of the POPLA appeal. The OP also started this new thread rather than adding to the original which claimed that they were charged for 27 seconds but again this wasn't explained.

It would be nice if the OP could provide full details of case & appeal. It would also be nice if a moderator could merge this thread with the original to keep the discussion all in one place.

trisontana

nigelbb wrote: »

Never mind the dodgy witness statement or dodgy calculations on GPEOL it's illogical to accept that £90 can be exactly the loss incurred. The only income that PPCs receive comes from from issuing parking charges in this case for £90. So unless the company is running at a loss the £90 claimed must include an element of profit which means it cannot be a GPEOL.

You have nailed it in one. The whole PPC "industry" is founded on a myth. If they can only make money from claiming unfair penalties (plus the odd P&D ticket) then not one parking company should be able to stay in business.

Shinkansen

I can do that if people wish? Add the original POPLA appeal to the original thread? I did a hell of a lot of reading of POPLA appeals, previous cases, case law etc etc... It's not like I rushed headlong into it. The argument wasn't solely on GPEoL but given advice from a multitude of sources covered a few different bases.

Interesting decision though. I think the PPC submitted some 40+ pages of evidence!

SHiNK

Coupon-mad

In fact it would be really helpful to see the appeal you did send, and the evidence they showed, pics of the signage and documents even if it takes several replies to show the documents to us. Their evidence might be able to be picked apart ready for when they send you a letter before claim and there may be defence points hidden there.

So it could help you and could help others trying to beat Napier at POPLA.