Peel Centre Stockport POPLA appeal help

stevestocky2012

hi,

I used the forum to draft my initial appeal to Excel following the PCN, and am now in receipt of their rejection of my appeal and the POPLA form. I have found threads which outline grounds for appeal (set out in summary below). But in their rejection letter to me they state some points which i'm not sure are standard in their replies, and was wondering if the grounds for appeal i am planning on using will be enough? Basically, they have quoted a case (Parking Eye v. Mr Kevin Shelley (2013)) which i presume was lost by Mr Shelley and say "a full breakdown of loss will be provided at the request of a judge." They also go into a lot of detail about how their signage has been improved and meets the requirements set by the British Parking Association and say "the driver had the opportunity to leave the car park if the driver could not comply with the terms of the parking." (I genuinely was not aware how the ANPR cameras operate and didnt park up, but drove in while my wife visited 2 shops for a total of 38 minutes whilst i sat in the car)

Grounds for appeal found on other threads (will be expanded on): I would like to appeal this notice on the following grounds:

1. The amount demanded is not a genuine pre-estimate of loss and is instead punitive and unreasonable.
2. There is no proof that a valid contract exists between the Operator and the landowner
3. There is no proof of the correct use of ANPR and data collection.
4. The car park signage is unclear, confusing and in breach of the BPA Code of Practice

Will the above grounds be strong enough to win with POPLA? Are Excel now getting wise to this, and other, forums and know what grounds people will be using?

Any advice much appreciated. Cant let these people win, disgusting business.

thanks

bod1467

Points 1 and/or 2 will win it for you at POPLA.

Redx

as above ^^^^^^^^^^^^^^

I have posted extensively about this car park recently and there are loads of recent popla threads and wins for that car park on here, just use the search word PEEL to find them

bondy_lad

no chance on point 4,signage since last june/july 2013 perfectly clear,hope you spank the scum known as excell parking on point 1 and/or 2.

4consumerrights

bondy_lad wrote: »

no chance on point 4,signage since last june/july 2013 perfectly clear,hope you spank the scum known as excell parking on point 1 and/or 2.

Maybe not but still leave it in - just for Excel to prove with signage plans.

Also leave in ANPR section.

This is a pay and display though - so what was the alleged contravention as sometimes the ticket machine has spewed out tickets with partial/no vehicle reg numbers.

Coupon-mad

I agree with the above, leave all paragraphs in that you see on other recent Peel Centre threads showing POPLA appeal wording, such as signage and ANPR as it forces the PPC to do more work! There was a POPLA wording posted only the other day, based on one of my templates which alludes to the money that changes hands between the Peel Centre and the PPC (allegedly...).

Easily found when searching for 'Peel' as a keyword, using the 'search this forum' heading next to 'forum tools' right above the top sticky threads on this parking forum. Don't search the whole of MSE forums so DON'T use the coloured tabs running along the page and DON'T use the top right white 'box' to search MSE - you'd find all sorts of rubbish about using lemon peel to save money when cooking 'old-style!'

robertj6

I have just received my rejection letter as well. they included a POPLa form but I cannot find the POPLA number. Can you help please?

Browntoa

please start you own thread not hijack another

thank you

robertj6

Sorry. New to this site and did not realise. Sorry again

Coupon-mad

robertj6 wrote: »

I have just received my rejection letter as well. they included a POPLa form but I cannot find the POPLA number. Can you help please?

It'll be on the form!

Please just go to the top of the forum and read the sticky threads. Look what can be achieved by a newbie without any need for endless threads:

https://forums.moneysavingexpert.com/discussion/4911394