Debt Recovery Plus Letter Received - Unsure of what to do next

vinylmusic

Coupon-mad wrote: »

Yes that's why I wrote it and made it so long, to beat CP Plus because a few months ago they beat someone at POPLA with a made-up GPEOL statement. They have no chance of winning again IMHO especially as their NTK is flawed and you are appealing as KEEPER so they haven't met the requirements of POFA and are stuffed. What you must not do is add stuff saying what happened & giving away who was driving!

Thanks for that.
One more thing
CP Plus lied about having sent me 2 previous notice so I only got the 3rd threatening legal action and stating the amount to pay was now £130 . I sent them the template response also stating I'd never received the first two and they replied that they'd accept £50 within 14 days
Should I then change the amounts of £100 on the template above each to £50? or leave it as it is
Thanks

Coupon-mad

Leave it as it is because the discount 'bribe' has gone/will not be taken up by you!

vinylmusic

Coupon-mad wrote: »

Leave it as it is because the discount 'bribe' has gone/will not be taken up by you!

Hi again
I made the appeal it now says I can add any evidence.
I made photos to show exactly where the car was parked and dots to show where walked to enter building. It does show how easy it can be to miss the signs altogether.
Would it be wise to send them.
Can I also state driver fell asleep at wheel after very long journey and left unaware of time passed
Or would it be better to do nothing more?
Thanks

Coupon-mad

The first evidence yes - you can send POPLA the evidence of the lack of signs where 'the driver' parked & walked in the dark. As for 'falling asleep at the wheel' it's only relevant to a complaint to Roadchef, not to a POPLA appeal (they cannot and do not consider mitigating circumstances at all).

kim21_2

Please can you advise do I use the template word for word or amend it where required to suit my situation?

Kim

Redx

see the NEWBIES sticky thread for a link to the most recent and best popla examples , dont rely on old advice alone in case its changed

also, please start a new thread using the blue ROUNDEL new thread button if you need further advice

Coupon-mad

kim21 wrote: »

Please can you advise do I use the template word for word or amend it where required to suit my situation?
Kim

Amend a POPLA appeal to suit - of course! - if you are at that stage.

If at first appeal stage no need to amend the first appeal template (which the NEWBIES thread does tell you, it's suitable as is, for all cases).

RHead

Hi

Followed advice above - copy and pasted template and added that it was dark so driver couldbn't see signs but POPLA appeal rejected - Does anyone have any advice about what to do next?

Short summary

"The Appellant raises several grounds of appeal. He submits that:
a) The parking charge is punitive and does not reflect a genuine preestimate of loss;
b) The Operator has no authority from the Landowner to issue parking charge on the land;
c) The ‘keeper liability’ provisions in the Protection of Freedoms Act 2012 have not been complied with;
d) The signage at the site is inadequate; and
e) The ANPR records are unreliable.

(1) I find that the Operator has provided sufficient evidence to establish that the charge is based upon a genuine pre-estimate of loss.

(2) The Operator has provided a signed witness statement from a person authorised to make a statement on behalf of the Landowner which confirms that the Operator has authority to issue parking charges on the land

(3) I find that the requirements of the Protection of Freedoms Act 2012 have been properly complied with in this case

(4) I find that the signage at the site was adequate and clearly stated the Terms of parking. This is on the basis of photographic evidence provided by the Operator.

(5) The Appellant has submitted that there may have been two visits which were recorded as one by the ANPR camera. However, the Appellant, as registered keeper, can provide no evidence one way or the other as to whether the driver entered and exited the site more than once. On all of the evidence before me, I find that it is more likely than not the driver entered and exited the site only once.

Consequently, I find that the Appellant is liable to pay the parking charge as the registered keeper of the vehicle. Accordingly, I refuse the appeal."

Also a little confused by the last point stating that the appellant is liable to pay since, whilst I am the registered keeper they do not know who was driving

Grateful for any advice, thanks

Richard

bod1467

Please start your own new thread for advice.

(Interesting that GPEoL didn't win).

The_Deep

Richard, you should start your own thread but when you do, can you confirm that you appealed to PoPLA, this sounds very much like an IAS decision to be, or are you trolling Mr Head (!!!!!!)?