Please reassure-awaiting POPLA decision for Excel Stockport Peel. UPDATE-APPEAL WON!

CG77

Hi all,

I'm afraid I am posting another Stockport Peel Centre question. I have read all the threads and thank you all so much for getting us this far with our appeal. We have sent the letters following your advice and have submitted our appeal to POPLA outlining the 'no genuine pre-estimate of loss' issue along with the issues of land ownership and signage etc and are awaiting the decision. So here's my question to anyone able to help please.

Yesterday we received an email from excel to popla which we have been copied in on, with attachments of 'evidence'. These include photos of our car leaving the car park, photos of signage and a voice recording of the parking instructions at the entrance to the car park I think.

I'm just checking with those who have won at POPLA at the Peel centre that this is usual and we just need to wait? Do we need to do anything at this stage?

Thank you!

CG.

Hot_Bring

All normal and all a load of bulls testicles. As you had GPEOL you'll win.

And no, you need do nothing but make sure you've got your favourite tipple in the house for when you win .... and you will.

Dee140157

I this is the evidence pack that they are putting forward to POPLA. It is worth having a good read as this is their arguments to rebut yours. The GPEOL will be interesting to see what magical figures they come up with.
Regular posters may be interested in what it has to say, so pop back here and see of there are any requests for information from it.
Otherwise just sit tight and know that you will win.

CG77

Thanks both of you. Absolutely I'll come back and help out others in any way I can.

So sorry to be dim for now though but what's GPEOL please?

Thank you so much.

CG

martin2345uk

CG77 wrote: »

Thanks both of you. Absolutely I'll come back and help out others in any way I can.

So sorry to be dim for now though but what's GPEOL please?

Thank you so much.

CG

You mentioned it in your own post

CG77 wrote: »

Hi all,

I'm afraid I am posting another Stockport Peel Centre question. I have read all the threads and thank you all so much for getting us this far with our appeal. We have sent the letters following your advice and have submitted our appeal to POPLA outlining the 'no genuine pre-estimate of loss' issue along with the issues of land ownership and signage etc and are awaiting the decision. So here's my question to anyone able to help please.

Yesterday we received an email from excel to popla which we have been copied in on, with attachments of 'evidence'. These include photos of our car leaving the car park, photos of signage and a voice recording of the parking instructions at the entrance to the car park I think.

I'm just checking with those who have won at POPLA at the Peel centre that this is usual and we just need to wait? Do we need to do anything at this stage?

Thank you!

CG.

CG77

Ahhhh! Goodness I really WAS being dim!

Thank you!

CG77

Just had a good read of it now. They are talking about 'liquidated damages as pre-agreed compensatory damages' which I have heard they spout. They are also trying to argue that the pre-estimate of loss doesn't need to be 'genuine' but 'reasonable' and talk about other cases. It's quite boggling but seems to be standard from what I've read from others? Does anyone who knows more agree?

Thank you very much.

CG

Hot_Bring

CG77 wrote: »

Just had a good read of it now. They are talking about 'liquidated damages as pre-agreed compensatory damages' which I have heard they spout. They are also trying to argue that the pre-estimate of loss doesn't need to be 'genuine' but 'reasonable' and talk about other cases. It's quite boggling but seems to be standard from what I've read from others? Does anyone who knows more agree?

Thank you very much.

CG

Since when have Excel re-written contract law ? Reasonable ? :rotfl:

Contract law only allows for Genuine - not reasonable - Excel can delude themselves all they like but unless they manage to get loads of Excel MPs elected they can't change that !

Dee140157

It makes for a good scary camp fire bed time story. I can guarantee all cub scouts would be snoring their heads off before you got to the end it is so frightening!

Coupon-mad

CG77 wrote: »

Just had a good read of it now. They are talking about 'liquidated damages as pre-agreed compensatory damages' which I have heard they spout. They are also trying to argue that the pre-estimate of loss doesn't need to be 'genuine' but 'reasonable' and talk about other cases. It's quite boggling but seems to be standard from what I've read from others? Does anyone who knows more agree?

Have they tried to argue 'commercial justification' and mentioned PE v Beavis? Have they replied like the one VCS have started to try? VCS being their sister firm:

https://forums.moneysavingexpert.com/discussion/4987358

For a rebuttal that you can quickly send to POPLA by email, see my post #30 here and adapt it to suit whatever Excel have said. Rebut it all:

https://forums.moneysavingexpert.com/discussion/4925895

Also bear in mind that we strongly believe Excel are paid an annual hefty sum for their 'service' like having the machines, signage, etc at that car park. So, if they have included those same business costs again in the 'GPEOL' calculation, then point out to POPLA by email immediately that the Peel Centre already covers that cost as far as you can ascertain. If they have redacted anything which could include information about 'money changing hands' in the contract they will probably have included in the evidence, then point out to POPLA that an unredacted contract was what you needed to see. Because hiding information that you understand could be relevant to the costs calculation fails to meet the strict proof of contract terms needed.

Finally you could argue that loads of appeals have won against Excel at the Peel Centre, on the basis that the intention of the charge was not a GPEOL. So, if Excel have simply massaged the figures after the charges were set up, to try to appease POPLA, this is still NOT a genuine pre-estimate (it's an afterthought and far too late, because the intentions have already been exposed before and found wanting in terms of 'no GPEOL' for this charge at this car park).

CG77

Thank you very much Coupon.

Yes, they have argued almost all of the things you mentioned. I have used your post re VCS, tweaked as necessary and sent a rebuttal email.

Keeping everything crossed, although I fear my email may be too late as my POPLA appeal confirmation did say the appeal should have been heard by now. We'll see!

Thank you very much indeed once again. I'll certainly keep you all posted.

CG.