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Confused at POPLA stage - help pelase
HOOPYHOOP
Posts: 7 Forumite
Hi,
Apologies if this is covered elsewhere - I have tried to review other posts, but can't quite find what I am looking for.
My first appeal.. against APCOA on railway station car park.
Waited for NTK as advised on forums and wrote appeal asking for POPLA code if refused.
Three elements to appeal (edited below)
1) The charge quoted bears absolutely no relation to any genuine pre-estimates of loss incurred by either you or the landowner
2) Strict requirements of schedule 4 of the Protection of Freedoms Act not met as
I) the period of parking to which the charge refers is not met (instead a date and time of issue of charge notice is given).
II)the requirement to specify the relevant land is not met (there is no land commonly or legally known as ‘**railway company**, *** Road, **Town**)
3) There are insufficient signs for drivers to see and read in moving traffic (they are at the entrance to the car park)
The appeal was rejected but the part that is surprising me (given the comments and sucessss discussed on this Board) is the "POPLA code" is actually a proforma. In particular both the appeal rejection and the form state that a claim that a parking charge is excessive is not grounds for appeal. How does this tally with the 'no genuine pre-estimate of loss' that seems to be the basis of so many successful appeals?
To go further the POPLA form and guidance sheet sets out the grounds for appeal (the form requires you to tick each one)
-the vehicle was not improperly parked
- the vehicle was stolen
- the parking charge ticket exceeded the relevant amount
- i am not liable for the parking charge
How do i relate my appeal to these categories?
As I say apologies if this is elsewhere.. I can't find it though.
One final thing. APCOA passed on my details to a debt collection agency before sending a response to the appeal. They were called off (allegedly, I have no confirmation of this other than verbal from APCOA so more nasty letters may yet arrive), but I assume this isn't supposed to happen. Relevant to my appeal?
With thanks for any assistance
Apologies if this is covered elsewhere - I have tried to review other posts, but can't quite find what I am looking for.
My first appeal.. against APCOA on railway station car park.
Waited for NTK as advised on forums and wrote appeal asking for POPLA code if refused.
Three elements to appeal (edited below)
1) The charge quoted bears absolutely no relation to any genuine pre-estimates of loss incurred by either you or the landowner
2) Strict requirements of schedule 4 of the Protection of Freedoms Act not met as
I) the period of parking to which the charge refers is not met (instead a date and time of issue of charge notice is given).
II)the requirement to specify the relevant land is not met (there is no land commonly or legally known as ‘**railway company**, *** Road, **Town**)
3) There are insufficient signs for drivers to see and read in moving traffic (they are at the entrance to the car park)
The appeal was rejected but the part that is surprising me (given the comments and sucessss discussed on this Board) is the "POPLA code" is actually a proforma. In particular both the appeal rejection and the form state that a claim that a parking charge is excessive is not grounds for appeal. How does this tally with the 'no genuine pre-estimate of loss' that seems to be the basis of so many successful appeals?
To go further the POPLA form and guidance sheet sets out the grounds for appeal (the form requires you to tick each one)
-the vehicle was not improperly parked
- the vehicle was stolen
- the parking charge ticket exceeded the relevant amount
- i am not liable for the parking charge
How do i relate my appeal to these categories?
As I say apologies if this is elsewhere.. I can't find it though.
One final thing. APCOA passed on my details to a debt collection agency before sending a response to the appeal. They were called off (allegedly, I have no confirmation of this other than verbal from APCOA so more nasty letters may yet arrive), but I assume this isn't supposed to happen. Relevant to my appeal?
With thanks for any assistance
0
Comments
-
everything you need can be accessed from this thread you should have read https://forums.moneysavingexpert.com/discussion/4816822
you can also use the forum search tool in the green banner using search words like apcoa or railway or passenger or other suitable words to find similar threads
your main appeal points are usually (but not limited to)
best bet is find similar popla appeals like yours , usually to apcoa1) 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
as for the 4 categories, tick all except stolen
edit, have a read of this , it may help https://forums.moneysavingexpert.com/discussion/4811411
search words were apcoa railway0 -
Thanks for the pointer. Can't believed i goto so hypnotised by reading thread after thread after thread I forgot the search tool! Would have been a lot quicker than writing the post!
Appreciated - my appeal will be on its way0
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