Excel invite me to their 'party'

kidstaxi

To ensure I don't miss the POPLA deadline (ok, not for another week, but at my age anything is possible) I have 'registered' the appeal online.

I've ticked the 3 boxes as advised and put in a short statement for the reasons, as follows:-

"This online application is to 'register' my appeal.

My points of appeal are fully explained in the document named "POPLA Appeal Ref 99999999999999.pdf", which I will upload as evidence.

My appeal is based on the following grounds:-
1. No breach of contract and no genuine pre-estimate of loss.
2. Contract with the landowner – no locus standi.
3. Notice to Keeper not properly given under POFA 2012 – no keeper liability.
4. Lack of photographic evidence and unreliable, unsynchronised and non-compliant ANPR system.
5. Unclear and non-compliant signage, forming no contract with drivers.
6. Lack of Planning Permission to erect signage and CCTV (APNR) equipment."

I've already produced the pdf file, but I think I'll hang on for a few days before uploading it.

Let's see how it will go (What, no response from Excel? This should be fun!)

Again, thanks to you all for the help and advice you have given. Please feel free to use any part of my appeal if you feel you need to use the words.

Cheers,
:beer:
Kidstaxi

da_rule

It's been a while since I used POPLA, is there a time limit on how long you have to post evidence after registering the appeal?

kidstaxi

Hi da_rule,

As far as I understand, you can add evidence up to a reasonable point in time before the actual adjudication. Once the appeal is 'registered', you have complied with the 28 day rule. The POPLA web site indicates evidence could be submitted up to a couple of weeks prior to the adjudication. However, if the evidence is submitted close to the appeal adjudication, POPLA may adjourn and set a later date (to allow for a right of reply, I presume).

Cheers,
Kidstaxi

meater

Enjoyed the read! GL OP, even though I'm sure you won't be needing it

kidstaxi

I've just emailed the full 'evidence' to POPLA, as the website only lets you upload 1 MB files and my pdf is nearly 3MB.

Hey, Ho, here we go!

Let's wait and see what happens.

Cheers,
Kidstaxi

da_rule

When I sent stuff to POPLA as evidence I also sent it by snail mail. As long as you put a covering letter in and put your POPLA reference number on each document it seems to be ok. Worked for me anyway.

kidstaxi

I sent the evidence to two email addresses at POPLA and have received receipt confirmations from both. However, just to be on the safe side, I will take your advice.

Many thanks,
Kidstaxi

kidstaxi

You may all recall the bit about planning permission I put into my appeal. Well, I'm now on a mission! So I wrote back......

And, the lady from Delmonte has replied. Below is the remaining part of the email. You may want to read part of their reply I have changed to RED. (last entry first, as per all email trails, so read from the bottom up):-

---

Original Message

---

From: (A planning officer)
To: @btinternet.com)
Sent: Friday, April 04, 2014 4:37 PM
Subject: FW: Planning Applications for privately operated car park on Smyth Street/Garden Street, Wakefield


My apologies but I should have confirmed that the freestanding sign between the pay systems also requires permission.

Yours


Planning Services
Wakefield Council

Tel: 01924

Mob:

www.wakefield.gov.uk


From: (A planning officer)
Sent: 04 April 2014 16:36
To:
Subject: RE: Planning Applications for privately operated car park on Smyth Street/Garden Street, Wakefield



Hello


I have visited the site and reviewed the history. This car park seems to predate our planning files (1977) so we cannot provide the date of approval for the car=park use and there would be no conditions in force.

The CCTV and adverts are clearly more recent. No applications have been submitted for them. The ANPR cameras would require planning permission but not all of the adverts would. The large ones on poles around the edges do but the smaller notice board type signs would not. These are granted deemed consent under the Advertisement Regulations which means they can be displayed without submitting a planning application.

I will write to Excel to advise them of this and they may now submit a retrospective application for permission to retain them.

Yours


Planning Services
Wakefield Council

Tel: 01924

Mob:

www.wakefield.gov.uk


From: Me
Sent: 29 March 2014 00:14
To:
Cc: AutoResponse
Subject: Re: Planning Applications for privately operated car park on Smyth Street/Garden Street, Wakefield



FAO xxxxxxxxx,



Many thanks for your swift reply.



The reference you gave me relates to a different location on Smythe Street (not Excel).



I suspected Excel wouldn't have planning permission for their rather large signage (not the standard 'advertisement' size) and CCTV installation. Should they have actually need planning permission for those? Their 'main' signs are extremely large and most display signs I have seen needed planning permission. Could you investigate this for me?



Kind Regards,

---

Original Message

---

From:

To: '

Sent: Friday, March 28, 2014 4:03 PM

Subject: RE: Planning Applications for privately operated car park on Smyth Street/Garden Street, Wakefield



Hello

Having looked into your request I can only find one planning application in relation to Smythe Street car park which is 74/99/01401 which relates to floodlights, I hope this information is satisfactory.

Regards

I've also asked if the planning people could look into other private car parks, as well.

This could put the cat amongst the pigeons (I hope). :rotfl::rotfl::rotfl:

Cheers,
Kidstaxi

Coupon-mad

Yay - well done, nice stirring on your part. They will wish they hadn't invited you to their party now!

kidstaxi

Well, I went to the POPLA party and guess what?

:j:j:j:j:j

For the full adjudication, see:-
https://forums.moneysavingexpert.com/discussion/comment/65538085#Comment_65538085

May I say a massive thank you to the forum stalwarts who still offer their tireless help (even though many newbies still can't read more than 2 'help' pages before giving up). Without this forum, I too could have ended up thinking these parking scammers had some legal base for their con tricks.



CHEERS!
kidstaxi