Ticket on Private land outside own flat

SMarg

Yes there is a 10 digit reference above

SMarg

So do we go down the POPLA route if apparently we have no mitigating circumstances? No point in paying £100 if there isn't much hope of winning an appeal. I don't mind fighting it if there is a reasonable chance of winning. Fined for parking outside your own flat when you can prove you are a resident and have a permit albeit not on show at that time seems a bit steep.

Stroma

Popla don't do mitigation at all, so don't use it! Did you actually read the thread linked to in post #2 ? It explains what to put in a popla appeal and links to appeal wording.

SMarg

I have looked at the thread two a couple of times before I posted and also printed it off but I couldn't see anything that was particularly relevant apart from the first part - "does not represent a genuine pre-estimate of loss to yourself or the landowner."

I don't know if you were referring me to that section or not but I felt that would probably be too weak for an appeal to POPLA without anything else to backup.

Was there something I've missed? It was a ticket on the car so not expecting anything through the post.

Thanks

Redx

but did you check the HOW TO WIN AT POPLA in blue in post #3 of that newbies thread ?

assuming you did, then why dismiss all the relevant points that have been so painstakingly collected and posted and won at popla ?

if you were an expert in those points you would not be asking for help , would you ?

the 3 main winning points at popla are (in simple terms)

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location

so when you submit your appeal you are questioning the validity of each point , which in "law" means that if you question those points, the PPC has to explain and justify their side of the case

so its not about what you can prove (although it helps to provide a defence yourself) , its about putting them to the test and see if they pass or fail in their own defence and contracts and signage etc

so if you say their signage is bad and does not meet the BPA CoP , they have to prove it does, or fail

if you say their £100 charge is not a genuine pre-estimate of loss (which they usually arent), you are making them prove that it is valid and not breaking the unfair terms and contracts law, or fail

the point I am making here is , dont do their work for them by deciding you have no case, you are not qualified to decide that you have no case , but you can certainly make them prove that they have a valid landowner contract, that the charge is fair, that the signage is good etc

like this template appeal by guys-dad seeks to do https://forums.moneysavingexpert.com/discussion/4816165

after all, if these items werent valid, then how come so many people have won at popla or in court ?

Coupon-mad

Even after my pm and all these replies, you have missed EVERYTHING that will win this at POPLA, this is very frustrating to read so far.

I also checked the POPLA successful posts and the person who parked without their permit lost the case.

Of course they did, because they didn't research it first and were stupid/naive enough to write about the permit (useless mitigation) at POPLA stage, instead of using the magic words. Cases with slipped permits are won on the usual winning points in the 'How to win at POPLA' link. And if you read that OLD 'lost' case then you started at the wrong end of the 'POPLA decisions' thread, why on earth read cases from a year ago? Reading 'POPLA decisions' back from the latest post first, would be interesting for you but not reading the 2012/early 2013 first attempts. In fact I am amazed you even unearthed that rare naïve loss by someone who didn't bother to check what to write and didn't ask for advice here first. Anyway never mind that thread now...

Please have a fresh look in the morning at the NEWBIES sticky thread advice 'How to win at POPLA', you can't get any clearer than template words. We are telling you what to write, and your daughter WILL WIN, probably on 'there was no genuine pre-estimate of loss'. We win 100% of POPLA appeals (none lost where the signage is like yours where it says 'failure to comply'). You are here staring at a link that gives you examples of winning POPLA wording to simply copy from, which is relevant to any situation including slipped down permits. But writing about the permit is not going to win it, it is irrelevant.


Night night all, it's been a struggle on some threads today and the whole thing of POPLA is so easy to win, with simple templates already here. That's what's frustrating.

kirkbyinfurnesslad_2

Whats frustrating is people always say "it doesnt fit my circumstances", yet they have been told what to do"

Its easier to spoon feed babies sometimes

SMarg

Thanks for your replies.

I am obviously missing the point as I read that thread many times top to bottom, bottom to top.

I will go through it again to see what I've missed

kirkbyinfurnesslad_2

Its basically , forget mitigation, only concentrate on legal issues, ie loss and no contract etc

bod1467

I think the problem is that you believe your situation is in some way unique. It's not. When it comes to POPLA appeals your situation is the same as 99% of the other appeals shown there.

As said above - forget mitigating circumstances. They are entirely irrelevant. Indeed the POPLA website even states that mitigation will not be considered.

http://www.popla.org.uk/makinganappeal.htm#How is your appeal considered