PCN help please...

iwanttosave44

Thanks REDX have used my address over here as any correspondence in the UK won't be read for a few weeks.

I have now sent everything and will keep my fingers crossed the next few weeks.

iwanttosave44

Hi all, I have returned from a weekend away to the email from POPLA for evidence the appeal is on 3rd July. I have looked through here and I cannot find anything re what i need to do with this evidence email although I know I have seen something somewhere, please could someone let me know. The evidence was sent on 26th June and I received it today, is that a problem ?

Thanks every one and fingers crossed.

bod1467

Date is fine (7 days prior to the appeal hearing) - the fact you were away makes no difference.

Read the evidence, and if anything is fundamentally wrong (e.g. they've included photos of signs that are new and were not present at the time of the event, or a signage map for a completely different site, or their GPEOL statement includes obvious ongoing cost of business items, etc.) then add to your POPLA appeal evidence by refuting them.

iwanttosave44

They have said initially i parked on a roundabout but further down a bus stop. I can't remember which of the the signs they have sent but they say there are 19 on site ! I can't even remember where i parked as I have visited the airport frequently. Do i dispute the parking area and if so how ?

They have included about 3 different cases too, which are really beyond me to comment on .

CINE BES FILMCILIK VE YAPIMCILIK & ANR. -and-
UNITED INTERNATIONAL PICTURES & ORS.

BARRY BEAVIS & MARTIN WARDLEY

Alfred McAlpine Capital Projects Ltd v Tilebox Ltd [2005] ABC.L.R. 02/25

It looks like the GPEOL is £166 but due to restrictions it says they will only charge £100.

The legal argument is again too much for me to take on board.

Any further advice ?

bod1467

The Beavis & Wardley case you need to jump on - Mr. Beavis has lodged an appeal against that case, so whatever was decided there (commercial justification for a penalty!!!!) cannot be deemed reliable until the appeal is heard.

But you can't have a commercial justification AND a genuine pre-estimate of loss - it is one OR the other. But the POPLA assessors appear to be wise to this now.

Coupon-mad

iwanttosave44 wrote: »

They have said initially i parked on a roundabout but further down a bus stop. I can't remember which of the the signs they have sent but they say there are 19 on site ! I can't even remember where i parked as I have visited the airport frequently. Do i dispute the parking area and if so how ?

They have included about 3 different cases too, which are really beyond me to comment on .

CINE BES FILMCILIK VE YAPIMCILIK & ANR. -and-
UNITED INTERNATIONAL PICTURES & ORS.

BARRY BEAVIS & MARTIN WARDLEY

Alfred McAlpine Capital Projects Ltd v Tilebox Ltd [2005] ABC.L.R. 02/25

It looks like the GPEOL is £166 but due to restrictions it says they will only charge £100.

The legal argument is again too much for me to take on board.

But not too much for you to search for on the forum? Two keywords:

Excel GPEOL

...finds you other threads about this exact query and how to respond to POPLA.

MSE forum works best for posters who search the forum - it's like an iceberg and your thread is just a droplet of ice on the top! You are missing all the advice & info on other threads from people who have already 'been there, done that, and won' if you don't search when you get letters and queries.

nigelbb

The PE vs. Beavis case now being appealed actually supports your appeal that

1) The amount demanded is a penalty and not a genuine pre-estimate of loss.

HHJ Moloney decided that PE's charge WAS a penalty.

iwanttosave44

So I don't need to send any objections then ? Or maybe just for the parking place.

I appreciate what you say CM but i did spend a lot of time looking, i don't always find the sight easy to find things. I am also restricted to time so thats why I asked for advice by people are more on top of this kind of thing. I really appreciate all the help thats is forthcoming.

Coupon-mad

I would say you should reply - which is covered on the thread you will find talking about what to say, when you now do the search I explained. A recent case at the Peel Centre springs to mind (and will come up as one of the first search results). The rebuttal to that GPEOL statement was fully discussed, but the person won anyway.

iwanttosave44

Thank you CM, Nigel and Bod. I checked out the thread and found a members appeal based on the same cases in my evidence and sent my reply based on similar. Pleased to say I won the appeal on the grounds of the GPEOL. Thank you all so much I really do appreciate every one's help. I will check out the complaints to DVLA tomorrow and send mine in too.

I only wish i'd seen this thread before i paid a £70 charge for my son over year ago for being 10 mins over in Aldi but thank god i didn't pay this one.

Thanks once again and any one reading please don't let these Parking companies get away with these extortionate charges.