Urgent help needed please

pugger

Ah, you again! Lol

Coupon-mad

Can't keep away and clearly it will have rattled Kevin McManus' cage to have lost!

https://uk.linkedin.com/pub/kevin-mcmanus/34/746/928

A dangerous goal he has, sounds like he wants to take over the UK...honestly it is shocking these parasite firms are allowed to set foot in other real business' car parks.

pugger

An update on this. The lady requested the original verdict be included as further evidence, POPLA responded by saying the appeal has been upheld and the operator informed. The lady emailed them again as the hearing date was the 29th and this verdict was once again premature of the actual hearing date, POPLA said the hearing is still waiting to be heard and they are short staffed!!

Today the lady received further evidence from Kevin through the post; it's the same dribble as before bar the bit I'm posting up now. Apologies the quality is so low, they are scanned and not great. Note how his 'costs' have gone up compared to his original evidence!!

pugger

pugger

In fact having looked again the only difference in this 'evidence' is extra charges for postage. Why would he send this to her house if she's already been sent it via email?

pugger

Any thoughts? Should she send anything else in response to this?

Dee140157

Just point out the obvious changes in costs that you have noted from the original appeal and the ludicrous need for 3 hours of management time for an appeal.

There was a recent POPLA appeal that dissed the numbers of so called hours, checks and balances for the appeals, look in the enlist couple of weeks of the POPLA decisions thread. Can't remember where and too tired to look tonight.

pugger

Thanks. It's pretty clear he's just trying to drag this out as long as he can, he has nothing useful to add to his defence. Will POPLA just keep allowing him to stall it by adding the same defence over and over as it's pretty ridiculous?

pugger

How does this look? I could do with an answer pretty urgently if possible please as the hearing was set for the 29th or after.

"AS parkings latest 'evidence' again proves that their charge is not based on a genuine pre-estimate of loss. In the latest annual POPLA report, Lead Adjudicator Henry Michael Greenslade states; "However, genuine pre-estimate of loss means just that. It is an estimate of the loss which might reasonably be suffered, made BEFORE the breach occurred, rather than a calculation of the actual loss suffered made afterwards ".

As stated in my previous evidence, once again AS parking have lied and included a DVLA look-up fee which never happened (I appealed straight away, there was no DVLA look-up).
They have again made the same ludicrous claims about '3 hours Management involvement in every POPLA appeal', they have included staff wages and NI contributions which are all tax-deductible costs of running any business and they have included POPLA related 'work' (and even referred to the POPLA fee) yet this cannot be considered to be applicable to each PCN as a 'genuine pre-estimate'.
As per the lead adjudicators statement in the latest report, these submissions are absolutely NOT a genuine pre-estimate of loss.


Also please note that their costs breakdown has now increased since their last POPLA evidence submission, this is more clear proof that the charge is not a genuine pre-estimate of loss."

Umkomaas

Perfect, send it away.