Popla appeal won ljl airport

jeanie49

I have just received email I won the appeal against PCN issued at John Lennon Airport.

The Operator detailed its likely losses following issue of a PCN. However, there is nothing before me to show there was any initial loss. It appears that stopping on the roadway did not cost anything. Accordingly, costs incurred by issuing the PCN are not consequential to an initial loss and fall outside of any estimate of loss.
Consequently, I do not have the evidence before me to refute the Appellant’s submission that the parking charge is unenforceable.
I must allow the appeal on this ground.

HUGE THANKS TO EVERYONE WHO HELPED ME!!!!

peter_the_piper

Can you stick a copy of this in the "Popla "win section as well. Well done.

bod1467

That thread is actually called POPLA Decisions.

Please post the actual POPLA wording, not just what is posted in your OP, including the assessor's name.

Guys_Dad

jeanie49 wrote: »

I have just received email I won the appeal against PCN issued at John Lennon Airport.

The Operator detailed its likely losses following issue of a PCN. However, there is nothing before me to show there was any initial loss. It appears that stopping on the roadway did not cost anything. Accordingly, costs incurred by issuing the PCN are not consequential to an initial loss and fall outside of any estimate of loss.
Consequently, I do not have the evidence before me to refute the Appellant’s submission that the parking charge is unenforceable.
I must allow the appeal on this ground.

HUGE THANKS TO EVERYONE WHO HELPED ME!!!!

The sentence in bold is a very important one for POPLA appeals and, in my opinion, should be added to POPLA templates along the lines of

"POPLA are on record as saying "Accordingly, costs incurred by issuing the PCN are not consequential to an initial loss and fall outside of any estimate of loss" and, therefore, substantial elements of the charges submitted clearly fall outside any genuine pre-estimate of loss"

The_Slithy_Tove

Guys_Dad wrote: »

The sentence in bold is a very important one for POPLA appeals and, in my opinion, should be added to POPLA templates along the lines of

"POPLA are on record as saying "Accordingly, costs incurred by issuing the PCN are not consequential to an initial loss and fall outside of any estimate of loss" and, therefore, substantial elements of the charges submitted clearly fall outside any genuine pre-estimate of loss"

Yet PPCs continue to use their (made up) costs of processing appeals, POPLA preparation, etc. into their so-called losses, both for POPLA and for court.

trisontana

The_Slithy_Tove wrote: »

Yet PPCs continue to use their (made up) costs of processing appeals, POPLA preparation, etc. into their so-called losses, both for POPLA and for court.

And Steve Clark of the BPA Ltd. agrees with them (from an email I received from him):-

[FONT=&quot]Your note does not change my contention that a genuine pre-estimate of our loss should i[/FONT][FONT=&quot]nclude the costs in managing the parking location to ensure compliance to the stated terms & conditions and the costs incurred in following up on any breaches of these identified.[/FONT]

Guys_Dad

trisontana wrote: »

And Steve Clark of the BPA Ltd. agrees with them (from an email I received from him):-

[FONT=&quot]Your note does not change my contention that a genuine pre-estimate of our loss should i[/FONT][FONT=&quot]nclude the costs in managing the parking location to ensure compliance to the stated terms & conditions and the costs incurred in following up on any breaches of these identified.[/FONT]

Thankfully the POPLA adjudicators disagree - for now, at least!

And we remember the words of the BPA from the home page of their website

"We represent, promote and influence the best interests of the parking and traffic management professions throughout the UK and Europe."

trisontana

Of course PPC's "best interest" is to screw as much money out of people as possible.

markyb0y2006

Jeanie49,

I am in pretty much the same situation as you where (stopped for 11 seconds to pick up my step dad and girlfriend on the road) and have had my first "appeal" rejected and now need to appeal to POPLA.

Is it possible to publish the actual letter you sent when you won your appeal so I can use it as a template.

Any help much appreciated.

Thanks

Umkomaas

markyb0y2006 wrote: »

Jeanie49,

I am in pretty much the same situation as you where (stopped for 11 seconds to pick up my step dad and girlfriend on the road) and have had my first "appeal" rejected and now need to appeal to POPLA.

Is it possible to publish the actual letter you sent when you won your appeal so I can use it as a template.

Any help much appreciated.

Thanks

Jeanie hasn't visited the forum since the day she posted this thread (30/5/14), so is very unlikely to pick up your question.

You need to first of all read the NEWBIES sticky which will explain how all this stuff works, including winning templates. You should also do a further search on 'John Lennon Airport', 'JLA', 'stopping where stopping is not allowed' and they will bring up zillions of JLA threads, all with winning strategies and processes within them.

If after doing all the above, and you need further help/reassurance, then please start your own new thread where all information we give will be absolutely pertinent to your case.