First Soft Appeal

Padaxes

Hi all,

I've read the stickies etc and have a question , I see the phrase "soft appeal" mentioned a lot for the initial appeal to the parking company.

But the template appeal

forums.moneysavingexpert.com/showpost.php?p=65994090&postcount=12

Doesnt seem soft ? Is this the best one to go with or should I appeal more vaguely and save the "real" stuff for the POPLA appeal?

Does that make sense?

For example the NTK i have received does not name the Creditor or give a pre-estimate of loss etc. If I mention these in my initial appeal am I pre-arming the Parking company as to what to expect from my POPLA appeal? If I demand these things and they send them where do I go from there?

Dee140157

That's the shorter one to go with. Or you can use the longer one in post 1 of newbie thread.

The POPLA appeals are much longer!

Just put your own PPC in and send it off and wait for rejection and POPLA code.

Padaxes

Yeah I guess what im saying is if its not expected to work is it worth putting all that in ?

Dee140157

It does work with certain parking companies though, especially eg Smart.

Redx

the appeal to a PPC is commonly known as the "soft appeal" and the template letter has been formulated over 18 months so go with that

a popla appeal has much more detail as you will see from the examples lunked in post #3 of the newbies thread

this process has been gone through hundreds or thousands of times, so I fail to see how yours is so unique

just do it ! - thats my advice (as you seem to be going round in circles and over-analysing it)

the idea is to get a cancellation or a popla code, nothing else

you then use all the ammunition available in the popla appeal, at greater length

Coupon-mad

Padaxes wrote: »

Yeah I guess what im saying is if its not expected to work is it worth putting all that in ?

Yes because some PPCs just cancel when they see it (Smart Parking and UKCPS to name two, and UKPC as well I think). The phrase 'soft appeal' isn't one you see me use in the sticky thread, I don't think, as I favour a stronger first appeal. It's a phrase you still read in the 'walkthrough' and flowchart, partly because about a year ago we did used to advise a 'soft appeal' first (a couple of lines) but that found its own problems when some PPCs said 'but you haven't included any appeal points so you can't have a POPLA code' (or some such drivel!).

The strong first appeal therefore has plenty of appeal reasons to stop the PPC pretending they didn't see it as an appeal. And it tells the PPC that the person has been on a forum so is likely to win at POPLA or IAS stage, so they might just throw in the towel. And it also has the advantage that if the person then mucks up their POPLA appeal (maybe by not entering it properly online to the words are readable) at least the Assessor can look to see what their original appeal was and find some strong points. Assessors have done so, rooted around to find the original appeal and used a point there to find in the person's favour.

Padaxes

Thanks for the advice.

First appeal rejected as expected. Time to go to work on my POPLA appeal.

The NTK didnt mention the clients name, or the details of the parking ticket , only the time it was issued.

The "loss of earnings" is about £1 based on the photographic evidence they provided when asked. They also sent the contract with the landowner, with his name and address hidden.

The contract only mentions that the client gets the money from the parking meter, nothing else.

The amount owed by the driver would be £1 , the fine equates to 3 weeks forth of parking.

Is this enough to go on ?

Dee140157

It's a start and some of these are points to include. What you need to do is go back to the newbie thread and have a good read of post 3 and read some of the recent templates on How to win at POPLA to get the flavour of how to set out appeal etc.

Remember to include all the generic points.

Padaxes

Appeal is with Popla.

The parking company has replied sent their evidence to popla, explaining. All their Pre estimates off loss etc.

the claim its over £100.

Including DVLA fee, postage and printing appeals staff to handle the appeal. POPLA appeals staff time. And evidence gathering for the case.

Can I rebut to POPLA at this stage? Or is it in there hands now?

How can I be charged a parking fee for appeals that hadn't even occurred when the ticket was issued?

Coupon-mad

Which PPC? Yes you can rebut - e.g. if Excel or VCS then search for 'VCS GPEOL rebuttal' or 'Excel GPEOL rebuttal' for example (using 'search this forum' above the stickies, next to 'forum tools).

How can I be charged a parking fee for appeals that hadn't even occurred when the ticket was issued

You can't because POPLA never happens in 98% of cases and your rebuttal should be saying that. Try a search for 'checks and balances' (yep just those words) and then ' APCOA 3 hours management time ' as there was an APCOA one the other day* where we discussed a typical rebuttal of these well-known recent lies:

http://parking-prankster.blogspot.co.uk/2014/08/large-number-of-parking-companies-lying.html

You can and should email a robust 'final word' of representations to POPLA with the 10 digit code in the subject line. If it were me I would even attach the Prankster's Blog as evidence if the Management time happens to be 3 hours at just over £71 ! POPLA will enjoy reading the Blog and putting 2 and 2 together.




*found it, use a version like this to rebut the convenient 'sums' they have lied about, plus more you might find by searching, to rebut EVERY point if you can:

https://forums.moneysavingexpert.com/discussion/comment/66572265#Comment_66572265

Padaxes

Damn too late I sent off a very basic rebuttal , still its the same general point. Cant believe it will stand up in court even if POPLA rejects me.

They say it's not about loss to the landowner, but loss to the parking company as well. I always understood it was about loss of revenue to the carpark owner.