Ncp refused appeal

dollypeeps

Thanks slithytove
I do think that is the line I'm going to take. I have seen a legally worded paragraph re that . Just need to find it. I think it's on a government paper.

Should I try to find out whether they own this carpark?

Should I check the signs to differentiate between "display/use sticker"?

This should add more weight to the case?

Karen x

Coupon-mad

Hi Karen,

''I believe that this paid ticket allows me to park'' = you have lost the 'no keeper liability' angle then, but no worries, there are others which will win.

Never mind you just need to pop back to 'How to win at POPLA' linked in the 'Private Parking ticket? Newbies please read this first!' sticky thread near the top. Then show us your draft POPLA appeal based on those examples.

The_Slithy_Tove

dollypeeps wrote: »

Should I try to find out whether they own this carpark?

Should I check the signs to differentiate between "display/use sticker"?

As C-M says, put the point about no right to issue contracts etc, and it's up to them to refute it.

If it's out of your way, it's also not worth getting hung up on the minutiae of the Ts&Cs. They are alleging breach of those Ts&Cs, so your challenge is the no GPEOL as a result of that specific alleged contravention. To challenge that you didn't breach the Ts&Cs at all is an uphill struggle; POPLA would almost certainly go with the PPC and say that you did breach, no matter how flimsy the evidence.

Stick to known winners!

dollypeeps

Thank you both. I have read the newbie sticky. There's certainly a lot of info there. I will re read and try to pick out the template that best relates to my situation, I'll formulate a reply and then post on here for your perusals to make sure I haven't missed any important points.

It's very unfair though that I paid and displayed and have ended up in this situation and even to the point where a ridiculous technicality would leave me "liable"!

It's simple I paid. They are not out of picket by any means. So I think gpeol is the way to go.

Thank you lovely people. I hope to post when I have formulated a reply.

A very sad ( but getting cross) Karen xx

dollypeeps

I've used the popla code checker and it says that the code was issued on 31 December 2013. The letter containing. This code was dated 2 January 2014. The message on the site states that I have not been given the full amount of time to appeal.

Should I include this in the letter?

Karen

Redx

yes , definitely include those details, but make sure all the usual suspects are also in your popla appeal, bearing in mind they do not rule on mitigation, so you want the usual legal technicalities in there, like no gpeol, no contact , bad signage etc

post your popla appeal on here for checking asap, remove any personal info when posting on here , then get it sent in online or by mail when you are told its ok to post it or submit it online

bear in mind you dont want to leave it until the last week of jan based on the above

dollypeeps

Thanks everyone. Working on the letter as we speak.
There's a lot to take in, wading through all the templates. Just hope I'm doing it correctly.
I will post it once I'm done and hopefully someone can pick/critique it so that I along the right lines.

Karen

dollypeeps

I visited the car park this evening to check the notices. I can't see anywhere to " stick" the ticket to the window. It just says in small writing on the machine by the coin meter to display the ticket. I did pay in cash but the ticket has bank details for some reason. ncp insist I paid by card as they say the photocopy of the ticket I provided is a bank receipt!?!

The terms and conditions are about waist height and small, so much so I would have needed my reading glasses on.

Should I include this in my letter?

When I checked the popla verification code, it said that I wasn't given the full 28 days to appeal. I've been reading and reading the BPA Coe of practice and can't find the relevant paragraph which states this. I'm not sure if its 19.9 or 23.3 or something entirely different. Could someone direct me to the right quote please?

Thank you

Karen x

Coupon-mad

I wouldn't mention anything about the pay & display ticket in your POPLA appeal, because you are not going to win it on that issue (sounds like you picked up the wrong piece of paper, a receipt someone just before you had left in the machine after paying by card). Irrelevant to a POPLA appeal anyway even if you'd picked up the right receipt!

So just use a POPLA appeal template that talks about 'no genuine pre-estimate of loss' and the usual stuff about contracts. You will see a pattern to the example POPLA appeals so most templates are fairly alike. You need to know it is not about 'what happened'.

dollypeeps

Thank you coupon mad, I'm working on the letter and hopefully will post a draft today.

Karen