Can I ask a silly question....?

Gemlou

Hi,

I'm working my way through the newbie threads at the moment as I've not done this before and I wanted to try and get my head round it all before I pester people for help but I just wanted to check...

I wrote an appeal to ukcpm using mitigation as I stupidly didn't look on here and took their staff members word for it that all I had to do was send my appeal in writing. The appeal was of course rejected (I now realise it was inevitable) and I now have a popla code but the advice is to avoid mitigation and argue legalities. Does it matter that my initial appeal was different to the popla one or have I really messed up?

Sorry, I'm trying really hard to do this myself but I want to get it right and I'm determined not to be ripped off.

Dee140157

No it doesn't matter. Many a person comes here after losing their initial appeal on mitigating circumstances and realise their initial mistake.

The forum has 100% success rate with forum assisted appeals, so get reading! Draft an appeal using all the latest info and post again here for checking.

As you went wrong the first time, it is worth getting advice before you send POPLA appeal as we want you to do it right.

Gemlou

Thank you do much for getting back so quickly, should I post the circumstances and then my draft appeal so you know whether it's all relevant?

Nodding_Donkey

The circumstances don't really matter, it's the legal points that will win especially GPEOL

Gemlou

Thank you, I'll carry on researching and get a draft on here asap. Please excuse me triple checking everything, it's all clear as mud at the moment and I thought you may need to know why the ticket was wrongly issued. I'll look at some templates and research gpeol.

Umkomaas

In actual fact sending a 'useless' initial appeal (mitigation) can encourage the PPC to issue a POPLA code as they think you know nothing and will submit an equally 'useless' appeal to POPLA. Many PPCs are dragging their heels in producing a POPLA code for the 'knowledgable' initial appeal, as they know they're on a hiding to nothing.

Let us see your POPLA draft before submission and we will advise on any fine tuning needed.

You're well on your way now!

bazster

Indeed, there's a lot to be said for dumb initial appeals.

Coupon-mad

Gemlou wrote: »

Thank you, I'll carry on researching and get a draft on here asap. Please excuse me triple checking everything, it's all clear as mud at the moment and I thought you may need to know why the ticket was wrongly issued. I'll look at some templates and research gpeol.

Make sure you check the signage wording as well. UKCPM managed to hoodwink one POPLA assessor into a mistaken loss for the appellant (currently the subject of a complaint to the Lead Adjudicator which takes months)! To learn form that one, search this forum for 'lesnmandy' as a keyword - or search the members for lesnmandy and read their thread on UKPCM.

So can you show us the sign please if you are local enough, also the Notice to Keeper or the PCN, and the rejection letter wording. You will need to remove the http from the URL as newbies cannot post working links (but you can post non-working links!).

Gemlou

I will do, thank you. I've read the thread you referred to and I think I understand, I'll photograph the signage wording and figure out how to upload the pictures you asked for.

Redx

Gemlou wrote: »

I will do, thank you. I've read the thread you referred to and I think I understand, I'll photograph the signage wording and figure out how to upload the pictures you asked for.

you wont be able to upload pictures as a newbie

use a broken web link to somewhere like tinypic or photobucket , ensuring your pictures dont have personal info on them , so use a post-it or cardboard to cover the personal info up before taking the pictures

Gemlou

Just signed up for photo bucket and I'm currently sitting with a stack of post it notes that I've scribbled on as I read all the successful appeals I could find! I'll put them into a draft appeal and post it asap for your comments with the pictures.

Just wanted to check, is there a basis for argument around the photos that they take being insufficient evidence? I'll explain.... My husband lost his permit for parking and called ppc for a replacement which he paid for. They supplied him with a code to display in his windscreen while he waited for it to arrive. He did so and was ticketed. When he called them and read out the code they said it was missing a digit and he would have to appeal in writing stating that there had been this misunderstanding. The appeal was refused but on the grounds that NO code was displayed not that it was incorrect! The photos they sent as evidence clearly show a piece of a4 paper folded and displayed on the dashboard but are taken from so far away that you can't see the code written on it. Had it been taken closer to the car the code would have been clearly seen. Surely they would have to take a photo that proves their case? Just wanted to know if this is relevant or whether the gpeol argument is enough on it's own. You'll see the photos when I upload the refusal letter. My husband is dyslexic and feels rubbish that he didn't take the code down entirely correctly but I'm sure they would have followed this route either way. Almost feel like they encouraged him to park so they could make themselves £100!!