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Parking Eye Charge Notice re' a Warrington Car park

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Comments

  • TennisFan
    TennisFan Posts: 48 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 7 April 2014 at 7:18AM
    Thanks for the advice - I'll add in what you suggest. However, I'm a bit nervous about not leading with GPEOL, as this does seem to be the point POPLA find in favour of most often and it also seems to be a stronger point, than something like not clearly stating the address of the car park is.
    It's a bit like a lawyer winning his case on a proper justification (GPEOL) rather than on a procedural point (inaccurate Notice to keeper).
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    as long as its in there clearly labelled it wont be overlooked , they have to consider the points that are raised and generally the order is not relevant although we like to suggest putting the strongest at the top, with numbered bullet points before the main appeal points for easy reading and access

    so doing it the way guys dad says may help get other points to be read and considered, but should they ignore it then they have no choice in considering not a gpeol or no contract etc anyway

    if they did not use the fact that its not pofa compliant and chose to ignore this aspect , only then will they move further down your list , so nobody is telling you to remove not a gpeol , just to have it slightly lower down your list, everything in the list is considered if they dont latch onto a quick verdict on one point
  • TennisFan
    TennisFan Posts: 48 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Well the appeal has now been submitted with amendments as suggested. Thank you for all the help. Fingers crossed.

    ( I hope the formatting of the text for the assessor, is better than the copy sent to me by the online system - it seemed to have lost all paragraphs and bulleted lists! )
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    TennisFan wrote: »
    Well the appeal has now been submitted with amendments as suggested. Thank you for all the help. Fingers crossed.

    ( I hope the formatting of the text for the assessor, is better than the copy sent to me by the online system - it seemed to have lost all paragraphs and bulleted lists! )

    sounds like you copied and pasted into their box , instead of just mentioning "see attached documents" and then uploading as a word doc or pdf or txt file etc

    you can always go back online and put your ref in and attach it as a word doc etc, that way it keeps the formatting and doesnt miss anything out either
  • Umkomaas
    Umkomaas Posts: 43,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'd be sending them a paper copy as well in that case. Make sure you:

    1. Place your POPLA reference number on each page
    2. Staple (not paper clip) pages together
    3. Cross-reference with online submission in covering letter
    4. Send snail mail via Post Office with free certificate of posting

    You don't want to chance POPLA not giving your online appeal full attention on the basis of being unable to read certain paragraphs (especially the important ones).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • TennisFan
    TennisFan Posts: 48 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Good advice - thanks Redx and Umkomaas , will do as you suggest.
  • TennisFan
    TennisFan Posts: 48 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Success !!! - I've had an email from POPLA today upholding my appeal
    and it feels good!

    Many thanks for all the contributors on this forum for sharing their experience and giving me excellent advice.

    The reasons the POPLA Assessor gave were short and sweet !:

    "It is the Appellant’s case that the parking charge notice was issued incorrectly.
    The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.
    Accordingly I have no option but to allow the appeal."
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    We'll done another PSDSU win.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
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