Help! What are the key points for a winning POPLA case?

mr_sunshine

Hi guys!

Firstly I want to thank everyone who helped me on my last thread for UKPC. I lost my case with POPLA as I did not read this forum first but I got your advice and took it up with the landlord and the ticket is now closed! :beer:

However, I did mentioned I have another parking ticket with AEJ Management for a parking charge in a retail park where the sign was not clear.
After weeks of time wasting, they've finally come back with a letter along with a POPLA code and form. I don't want to mess up this time with POPLA so I will need all the guidance from you guys.

The operator sent me a letter along with POPLA forms and verification code. Last time I appealed online so I'm assuming is fine to do that again?

Is there a good winning template to use? I have spent quite some time reading on others thread and most template is very similar if not exact. The appeal template seems to be very long and I noticed regardless what we put. The keyword is to mention GPEOL in there. If so, is it necessarily to have a long appeal case?

What key points should I cover?

I will post my appeal here once it's done. Just wants some guidance as I really don't want to lose the case like last time.

Many thanks!

Redx

you only need one winning point to win an appeal, but you only get the one chance at it so generally you are told to use several appeal points so that there will always be one that wins, even if its not a gpeol

there are loads of linked examples in post #3 of the newbies thread

spacey2012

The Truth does quite well.
That the charge is a scam, or in technical terms not a genuine pre estimate of any loss.
Just a penalty to make money.

Custard_Pie

mr_sunshine wrote: »

Hi guys!

Firstly I want to thank everyone who helped me on my last thread for UKPC. I lost my case with POPLA as I did not read this forum first but I got your advice and took it up with the landlord and the ticket is now closed! :beer:

However, I did mentioned I have another parking ticket with AEJ Management for a parking charge in a retail park where the sign was not clear.
After weeks of time wasting, they've finally come back with a letter along with a POPLA code and form. I don't want to mess up this time with POPLA so I will need all the guidance from you guys.

The operator sent me a letter along with POPLA forms and verification code. Last time I appealed online so I'm assuming is fine to do that again?

Is there a good winning template to use? I have spent quite some time reading on others thread and most template is very similar if not exact. The appeal template seems to be very long and I noticed regardless what we put. The keyword is to mention GPEOL in there. If so, is it necessarily to have a long appeal case?

What key points should I cover?

I will post my appeal here once it's done. Just wants some guidance as I really don't want to lose the case like last time.

Many thanks!

Check the sticky links on here. No genuine pre-estimate of loss appears to have a 100% win record, but for me, I went for every point imaginable, leaving them no room to wriggle. These cases can take months to reach PoPLA. All you need is for PoPLA to accept one PPC's justification in the meantime, whilst your case is pending. So far, PPC's have tried most things to combat GPEOL and have failed, but doesn't mean to say they won't at some point.

HO87

1. GPEOL
2. Lacking of Standing
3. GPEOL
4. Err... that's it really.

It is always sensible to include poor signage simply because so few PPC's actually conform to the BPA's standards.

Lastly, when it comes to dealing with POPLA you should never simply accept what the PPC puts forward as their account of the case (you will receive a bundle of the evidence the PPC has put forward in support of their case). As I have been at pains to explain on numerous occasions there is a legal maxim "that which is not denied is accepted" and as POPLA assessors are legally trained they are more than likely to apply the maxim. Therefore go through their case and take every opportunity to formally deny their points or better still to demolish them. If you meekly leave their case uncommented upon then that is how it will be viewed.

mr_sunshine

Thanks guys for the information!

So, GPEOL is a must keypoint!

Can anyone think of anymore points I can focus? No point have loads of point if it doesn't apply to me.

Brief story how I got the ticket;
Parked in a retail park, didn't realise it was a pickup point as there were no sufficient signing and marking was worn out. Compare it to the disability bay next to it, their markings are much clearer. The yellow marks has been repainted. The signage is poor as always cause I couldn't see it. Oh, and the car park is free.

From the story above, what else key point I can focus on that you can recommend? I did see some examples template talks about the charge and penalty etc...

Many thanks for your time and input on this.

Redx

the main points are in the template letter in the NEWBIES thread

post #3 has links to examples of more elaborate appeals for popla, all containing those 3 key points but can be up to about 7

only you can decide on relevancy, hence why we tell you to look at the previous winning appeals , even if not a gpeol wins the case anyway

here is a typical example although different ppc and car park, so adapt to suit

https://forums.moneysavingexpert.com/discussion/4957775 post #10

Coupon-mad

Can anyone think of anymore points I can focus?

Yes - it's the reason why I wrote the NEWBIES thread or we'd never keep up on this forum!

salmosalaris

As this was a free car park there was no valid contract that could be enforced between the appellant and the PPC or landowner as no consideration was provided by the appellant .
Even if there was a contract ( which the appellant denies ) the PPC / landowner has suffered no loss as a result of the purported breach and the appellant requires the PPC to provide a breakdown of such losses they feel were incurred .These cannot include fixed business costs or the follow up costs of chasing a debt that never actually existed . A claim for liquidated damages for breach of contract must represent a gpeol and in this case it doesn't as there is zero loss.

mr_sunshine

Thanks for your help guys! Much appreciated!

I've used the typical examples from post 10 as mentioned from Redx which are relevant to my case.

I'm not 100% sure if I could use these 2 points as well. Could someone briefly explain to me? Will I need to refer to the parking sign?
1. No authority to levy charges
2. No Creditor identified on the Notice to Appellant

Thanks!

ColliesCarer

Post up you draft for further advice so we can see what the body of each point is covering.

As for point 1/ yes absolutely include it - but it needs to be phrased slightly differently as it's about whether the parking companies have been given not only the authority to levy charges but to pursue them through the courts in their own name. Very few have contracts with the landowner that give them that authority.

Re point 2/ This is really about whether a POFA compliant NtK was sent - and the main point to raise if it was non-compliant is that there is no keeper liability. So check the wording on your NtK against POFA schedule 4 point 8 if there was a preceding windscreen ticket (i.e. Notice to Driver) or point 9 if it was a postal notice with no preceding windscreen ticket(NtD). If the NTK doesn't comply with the list there then include the point.