Parking charge notice is GPEOL likely to be case for appeal?

bigtoe99

Sure. Should I post the letters on the forum or send to you directly?

kirkbyinfurnesslad_2

bigtoe99 wrote: »

Sure. Should I post the letters on the forum or send to you directly?

just post up here, with your personal details hidden

bod1467

This is obviously the latest ploy based on the POPLA guidance given to PPCs. (POPLA independent? Hah!). It is still utter bullcarp.

dvla look up - OK. £2.50
postage - OK. £0.50, but only for the initial PCN
original cost of parking - OK. £0.00 (It was a free car park, wasn't it?)
labour cost for processing the notice and initial appeals - Not relevant, except maybe 1/2 hour for the initial PCN. £10 (Being generous)
POPLA registration fee - Not relevant
Admin cost for POPLA appeal - Not relevant

Total = £13, round up to £15 to be generous.

Everything AFTER raising the PCN is a business cost. Any loss can only be what flows from the breach of contract. Going to POPLA wasn't part of the original contract terms. Their appeals process wasn't part of the original contract terms.

And here's a question for you ... did they originally offer £100 discounted to £60 if paid within 14 days? If yes then how can the COST to them be £97? You think they would willingly make a loss?

edward123

bod1467 wrote: »

This is obviously the latest ploy based on the POPLA guidance given to PPCs. (POPLA independent? Hah!). It is still utter bullcarp.

dvla look up - OK. £2.50
postage - OK. £0.50, but only for the initial PCN
original cost of parking - OK. £0.00 (It was a free car park, wasn't it?)
labour cost for processing the notice and initial appeals - Not relevant, except maybe 1/2 hour for the initial PCN. £10 (Being generous)
POPLA registration fee - Not relevant
Admin cost for POPLA appeal - Not relevant

Total = £13, round up to £15 to be generous.

Everything AFTER raising the PCN is a business cost. Any loss can only be what flows from the breach of contract. Going to POPLA wasn't part of the original contract terms. Their appeals process wasn't part of the original contract terms.

And here's a question for you ... did they originally offer £100 discounted to £60 if paid within 14 days? If yes then how can the COST to them be £97?

....and the OP seems to indicate the PPC gave them the option of £30 to settle!

bod1467

Quite. I overlooked that, which just shows that the PPC is running scared and knows that they have no case.

bigtoe99

Thanks for quick responses
The car park was not free, the cost would have been £2. They did offer a discounted fee of £50 if paid within 15 days. Signage was inadequate in the driver's opinion but obviously this is contested by the PPC with photographs showing where the signs were.

They have broken costs down as follows:
DVLA look up £3.50
Postage and printing, back office cost per PCN £5
Admin cost of labour for processing this notice and initial appeals £25
Under payment of parking £2
Total £35.50

I suppose in theory these things could be considered GPEOL?

POPLA fee £27
Admin cost for subsequent appeals and appeals to POPLA £35

I am very grateful for the responses but really want to have a good chance of winning if I am going to persue this with POPLA. As you say this PPC tactic is based on new POPLA guidance so I am concerned that Assessors may accept these costs as GPEOL.

Is there any documentation that defines GPEOL anywhere that I could look up?

Thanks again everyone!

kirkbyinfurnesslad_2

You just need to take our advice

So the true GPEOL is 11.50 as anything post issuing the ticket and postage is not relevent

I didnt say this tactic was due to guidance, i said it might be.

So your appeal needs to be based on the fact its not a gpeol

bod1467

DVLA look up £3.50

Have they put the price up? I thought it was £2.50?

bigtoe99

Thanks very much for this. I would be more confident if I could understand what POPLA define as a GPEOL. They don't give this as one of the grounds of appeal and from what I can see it is determined by the POPLA assessor on a case by case basis. Please correct me if I am wrong about that.

Could it not be argued by the PPC (in court if it gets to that) that all of these charges have followed on from the breach of contract?

Please understand that I am very grateful for all the advice I just want to be very sure that I am going to win!

kirkbyinfurnesslad_2

just do what you have been advised, in any case before the case is heard the ppc will have to show you their evidence and you will then have your chance to dispute it.
you need to state it must only include losses flowing from the actual breach, not possible future costs etc