Lost POPLA appeal - am I bang to rights?

bod1467

Typically people get one of these threatograms a month for up to 6 months, then they stop. In your case they may continue for 12 months - but they almost certainly WILL stop.

Whilst Excel have raised some court claims, they're not particularly litigious.

martmonk

66 in a year to 30/09/13

https://www.whatdotheyknow.com/request/179544/response/444525/attach/html/3/A%20FINAL%20REPLY%20TO%20LEWIS%2085865.doc.html

spacey2012

If Excel admit they know you made a mistake and you have proof of this.
They won't get that passed any county court judge in this land, some are a bit quirky and daft, but not that daft.

martmonk

^^^^^^ that's what I was trying to get at earlier.

Essingeviken

I would have thought it quite feasible that the machione is faulty. Let me tell you about my own experience last summer.

I got done for the same thing, when I was 100% certain that I had not typed the reg number that appeared on the ticket. In my case, I got a ticket without entering any reg number myself. After disussions with the landowner (who was pretty helpful) it transpired the the machine was "woken up" by someone pressing a key on it. If someone then entered part of a registration number but did not complete the transaction by putting in money, the machine did not immediately deactivate itself but retained the information. Someone else who immediately used the machine (if for example there was a queue) would then be able to print out a ticket without entering any reg number at all. The ticket would then contain the half enterered reg number from the previous person.

Now I have no idea how many different types of such machine they are, but you should not assume that the machine works perfectly in all circumstances.

Redx

shame you did not use not a gpeol and no contract at popla as well as your "story", the ifs and buts over thr paid for ticket would have been meaningless as it would have won on not a gpeol or no contract

Guys_Dad

Does the POPLA adjudicator's judgement actually record that the PPC admitted or acknowledged that you did buy a ticket and enter II?

If so, what were the actual words.

Should it come to court, that would be gold dust and, of course, you would come here for advice on your defence, wouldn't you??

Coupon-mad

Daffo1023 wrote: »

I presented video evidence of a later attempt to input 'II' into the machine, which it would not accept.
In my submission I argued that the time on my ticket (which did actually show a reg of 'II', but I didn't notice this at the time, and certainly didn't submit that number, hence my assertion that the machine is faulty) matches the time their ANPR recorded me entering the car park - therefore, it follows that the ticket that was issued does actually relate to me.

Admittedly, when writing it down now, it seems a little flimsy, but as I know I have done nothing wrong, I wrongly presumed commonsense would prevail as there's no benefit to me in putting a false reg in.

Oh dear you only needed the magic words 'no genuine pre-estimate of loss' and that Excel don't own the car park/have no standing. Could have won it with a one-liner.

Excel WILL now take this to small claims so start researching better, now, and plan how to beat them this time like Mr Greenwood did in October. Read the small claims section in the NEWBIES FAQs sticky thread for a start and the links provided (which includes Excel v Greenwood, not a Peel Centre case though).

Daffo1023

Yep - very aware of my missed opportunity to win the appeal Coupon-mad, so frustrated by it. I guess I am one of the naive ones that assumes that commonsense wins out in situations like this...wrong eh!?

Guys dad - will try and copy the Assessor's decision into a post when I can so you can see it word for word (working off mobile at the moment and it doesn't want to let me copy anything)

What do you guys reckon to my chances if (when!?) it goes to small claims? I'm so fed up with the whole thing already...

esmerobbo

Proves the point we all knew anyway Excel knew they had been paid, knew there was no outstanding fee for parking, knew it was their machine that !!!!!!!!'d it up, yet still try to scam someone!

Cant really see them trying this one at court, probably knew the OP would appeal on mitigation so knew it would be a win at POPLA. Greedy barstewards!