Opinions on appeal letter please

Jimin

Hey thank you for that. I must point out that I didn't appeal until I was sent an NTK so the official appeal period was over when I sent the letter Redk suggested earlier in this thread. I have a queasy feeling that this makes a difference...?

Coupon-mad

I didn't appeal until I was sent an NTK

...good...that is the approach we recommend anyway.

so the official appeal period was over

Nope, the appeal for the driver was over but the appeal period for the keeper starts at NTK stage. The keeper cannot be expected to be psychic and know about any/every windscreen PCN if they were not driving, hence why they get a chance to appeal after the NTK. Kind of obvious when you think about it but PPCs like to pretend otherwise.

Jimin

Eeh thanks for that. I feel optimistic again

Coupon-mad

That's good - and I know I write 'rude' letters to PPCs - so if that template above isn't quite your style then lose the bits you don't like. I'd send it 'as is' but that's me!

Jimin

Hello gang

After a few weeks of hectic stuff I can turn to my parking appeal again.

Further to the letter I explained above, I received another communication, this time containing photos of the incident and the expected appeal refusal letter.

My appeal to Popla is the next step.

These points will be raised:

Unfair costs.

Inadequate signage.

Permit was issued but by extremely disabled client whose personal needs came before putting the disc on the dsahboard.

Also, in the letter, Ethical state that '...if you should also have your appeal rejected by Popla you will have to pay the full amount of the charge and/or costs.' which is in contravention of the Popla FAQs that state 'The Assessor cannot award costs, expenses or compensation for or against either party in any circumstances.' so I will include that as an example of Ethical not adhering to protocol. Right?

This is fun, innit? Any advice gratefully received. I have seven days left to appeal.

Jim

bod1467

Jimin wrote: »

I have seven days left to appeal.

Have you checked your code using the POPLA Appeals Code Checker (linked from NEWBIES thread) to confirm the exact expiry date?

Jimin

Hello Bod

Yes, I have. Seven days left

Coupon-mad

And so have you checked 'How to win at POPLA' in post #3 of the NEWBIES sticky thread, because you don't win a POPLA appeal on 'unfair costs' nor do you use mitigation (it will lose). So not 'the permit was issued but by extremely disabled client whose personal needs came before putting the disc on the dashboard.'

nonono!

Jimin

I have checked that post, yes. I was going to use the disabled client factor not as the main argument but as supplementary evidence. It seems that loading as many points onto the appeal is worthwhile. I know that by itself it wouldn't win.

I do have photos showing that the signage is inadequate. The signs are small and posted away from the actual parking area. This and the unfair penalty seem to be the only grounds on which I stand any chance of winning...

bod1467

Inadequate/Unclear signage, not compliant with BPA CoP

Unfair penalty/Not a Genuine pre-estimate of loss

No authority/standing to issue charges, not the landowner

Breach of Equality Act 2010

Those are your main appeal points, and there are plenty of examples with relevant wording in this forum.