Please help with POPLA appeal letter

bod1467

And just to make you aware ... over the last couple of months or so, Parking Eye have not submitted defence/evidence to POPLA when faced with a forum-assisted appeal, so the appellants have won by default. (That's not to say they'll do the same in your case - they are liable to change their tactics at any time - but it should give you confidence to push this through).

cheeseballs104

Okay. Thank you thank you. I will draft my letter up tonight/tomorrow and then re post, if you don't mind, for your opinion. I really hope my appeal is won as I think its shocking how they have a no tolerance policy.

Coupon-mad

I've read through a few of other motorists appeal letters but they've all mentioned signage being inappropriate which does not apply to me.

Que? It ALWAYS APPLIES.

cheeseballs104

I meant that the signs are there, and a lot of them but they do not mention parking days/times, as council run parking do. I am going to take a photo of the signs though tomorrow just to double check PE wording.

Dee140157

Just so you understand it's not whether they are there or not, but the wording on them that they use, the height they are placed etc that makes them compliant. These are very technical and legal things. (Not all of which I understand but I there are others here who do and I am prepared it accept their knowledge.) Any timing mentioned might contribute to this, but may not. Photos always useful though for further evidence.
So do include this point in your appeal.

Umkomaas

I parked there from 8.30pm till 11.20pm and never had a clue that the 2hr parking rule applied after shopping hours and only parked there as it was very dark that time of night,

Were the signs illuminated at night? No, I thought so, so how could you read them (especially the small print that is notoriously 'small' on PE signs), so how could they form any kind of contract if they are unreadable (or are they expecting that every motorist carries a flashlight in their pockets)?

So there's one good reason to include 'signage' in your appeal.

Keeping reading the appeals, but you need to be getting your head around the key points to raise with POPLA, namely:

1. No genuine pre-estimate of loss (GPEOL)
2. Signage
3. No Contract with landowner to pursue charges in their own name at court
4. No proprietary interest in the land
5. Unlawful Penalty Charge
6. ANPR Accuracy

HTH

Redx

cheeseballs104 wrote: »

I meant that the signs are there, and a lot of them but they do not mention parking days/times, as council run parking do. I am going to take a photo of the signs though tomorrow just to double check PE wording.

what you believe is not relevant , its not about what you believe , its about THEM proving their invoice with contracts and figures and the signage complying with the BPA CoP etc, which I doubt you have the knowledge to comment on

in any case as defendant you allege none of it is compliant and make them prove their case

so signage is ALWAYS RELEVANT and you include it to make them prove their case, its not about your opinion of it, you allege its not compliant as defendant and they then have to prove compliancy

we saw this in a recent court case at fistral beach where the judge ruled the signs were poor and PE did not actually have them where they said on their map, never mind adhering to the BPA CoP or any laws like the unfair contracts laws

not being funny here, but your beliefs are not relevant in this, they are invoicing you so you make them jump every hurdle and through every hoop - regardless

so signage is always relevant - period

cheeseballs104

Hi. Me again. Ive been reading and reading the thread related to help me draft a letter of appeal to POPLA but I just don't see which threads apply to me and how I can manipulate the wording to justify my parking in a retail park for my own safety. I did look at the basic POPLA draft but the points raised, a part from the land ownership does not apply to me. Please can someone point me in the right direction?
Thank you.

Redx

you are not justifying why you parked as that is mitigation and it clearly states on the popla website they dont allow for mitigation

you are appealing on all the usual legal grounds for a popla appeal , none of which are mitigation, all of which are making the PPC prove their invoice and terms and conditions are valid

post #27 gave you the summary of all of those legal appeal points (seven in total)

cheeseballs104

Sorry to be a pain but when your not great at wording at the best of times, for me to appeal this parking charge and win I need my head screwed on right and know exactly how to word these legal appeal points to apply to my situation. I need all the luck! I will mention the fact that visibility was poor as it was a wet winters night and too be honest my mind was on parking in a well lit area not reading the small print of signs, that I thought only applied during the day. All the appeal letters I read seem so professionally written.