Evidence pack received with Excel GPEOL explanation. What do I do?

emmasebbeth

Hi everyone,

I recently posted my POPLA appeal to be checked over, original post can be found here.

I was advised to check back here when I received Excel's GPEOL explanation. We received the evidence pack yesterday, I looked over it briefly but found it all quite daunting!

Do I actually need to do anything now or is it all up to the POPLA adjudicator?

Thanks in advance

bod1467

What to do? How about Laugh in their faces?

Their GPEoL explanation is a joke. Perhaps post it up here so we can all join in with the laugh?

emmasebbeth

Am I ok to post it up? I was expecting just a breakdown of costs not all the case law they shoved in with it so my brain just shut off!

emmasebbeth

Looking at the document it has copyright warnings all over it, thought I'd better ask about posting before doing so. Also, there's 33 files in the evidence pack, is there anything else I should be looking out for or doing anything about?

ColliesCarer

Hi Emma,

Have Excel included anything about Commercial justification and/or cited
the 'ParkingEye v Beavis & Wardley' case

If so take a look at post #2 of this thread

https://forums.moneysavingexpert.com/discussion/comment/65792916#Comment_65792916

and send a rebuttal email to POPLA asap using similar wording Coupon-mad has included in that post in italics starting

"Nor is the charge 'commercially justified'. If Excel cite 'ParkingEye v Beavis & Wardley' it's irrelevant since Mr Beavis is taking that flawed small claim decision to the Court of Appeal, just as HHJ Moloney fully expected at the time he made his decision, which was full of caveats and full of holes and a distinct lack of case law.....

Just give it a check first and edit it to make sure charge amounts specified and any points it refers to in the POPLA appeal tally with your own - post it up here if you'd like it checking before you send it.

4consumerrights

Which version was this - Excel /VCS have produced many different versions in a lame attempt to justify their parking charges.

old ones
1.4
1.8
dec 2013

new versions

june 2014

they have slightly different ones for ANPR and windscreen versions


really they all amount to the same thing but you should rebut them

half relate to debt recovery stage which has not yet occasioned therefore cannot be included as GPEOL for this particular alleged breach.

rebut the statement for commercial justification.

need to adjust rebuttal for p&d as opposed to free car parking -and to your particular circumstances.

This was out of hours so no loss incurred to the retailer in question. The driver was invited by the landowner/retailer as was carrying out maintenance work - therefore no loss was incurred by this alleged breach.

etc



If you need any help for a full rebuttal you can email our company and we will send you one by return if you give the version you have.

Coupon-mad

emmasebbeth wrote: »

Am I ok to post it up? I was expecting just a breakdown of costs not all the case law they shoved in with it so my brain just shut off!

https://forums.moneysavingexpert.com/discussion/comment/65911193#Comment_65911193

As usual on this busy forum, the answer was here all along and can be easily found with a keyword search of this forum; I merely searched for 'Excel GPEOL'. Just as easy would have been to search the forum for a weird name from the case law like 'Talal el Makdessi', 'McAlpine' or 'Filmcilik' as that would have been quoted before by someone.

emmasebbeth

Oh no, I sat back and relaxed after reading the initial replies and after talking to a work colleague I checked back here, to find I should make a rebuttal. I have spoken to Popla and only have a couple of days to respond. I'm so sorry, admittedly I didn't do a search before posting as I usually would with any other subject - just the whole thing is causing me a lot of stress and I am having trouble taking the information in.

Can someone advise as to where I would find the version number?

Also should I rebut all of the points I can't find evidence on. I'm not sure if I've missed it but cannot find any evidence to prove the maintenance of the cameras and also that any contract was formed. Going to have a read through now of your suggested posts regarding no GPEOL.

Thanks so much for your advice.

hoohoo

version number is at the small print at the bottom of the page

Coupon-mad

emmasebbeth wrote: »

Oh no, I sat back and relaxed after reading the initial replies and after talking to a work colleague I checked back here, to find I should make a rebuttal. I have spoken to Popla and only have a couple of days to respond. I'm so sorry, admittedly I didn't do a search before posting as I usually would with any other subject - just the whole thing is causing me a lot of stress and I am having trouble taking the information in.

Can someone advise as to where I would find the version number?

Also should I rebut all of the points I can't find evidence on. I'm not sure if I've missed it but cannot find any evidence to prove the maintenance of the cameras and also that any contract was formed. Going to have a read through now of your suggested posts regarding no GPEOL.

Thanks so much for your advice.

Why would you need the version number when I linked you a rebuttal to copy?

emmasebbeth

Coupon-mad wrote: »

Why would you need the version number when I linked you a rebuttal to copy?

Sorry for some reason I must have clicked on one of the other links and didn't see the full one you had linked to so was following the previous advice re:version number :embarasse

Anyway I finally found it and switched a few things and sent it off.
Thank you all for your advice as we've had an email saying our appeal has been allowed - not a GPEOL.

Thank you all so much, it is such a relief! I'll go and find the POPLA thread now and post the outcome, but just wanted to thank you again.