Urgent Advice Please

Coupon-mad

That's a pretty good first draft, not hopeless at all and you've taken on board the advice so far so it's all good for a start. Not sure about the unclear signage paragraph as in fact some signs must have been seen for the driver to have paid and displayed, IYSWIM. I think there should always be an unclear signage paragraph but in your case not saying 'The driver did not see any sign'.

And I would put this as a separate point in its own right:

'Due to Railways byelaws, a railway car park is not classed as "relevant land" under the POFA 2012 so there can be no keeper liability...'etc...

And you should remove the confusing extra (1) (2) and (3) that you've broken the original numbers into. For example point #3 repeats itself so could just be boiled down to one paragraph and neither does the first point (no GPEOL) need to be broken down into an extra 1/2/3 (no extra paragraph numbers needed).

And relax, you will win this POPLA appeal you know!

Dee140157

Perhaps make signage a very brief paragraph with these words

It is evident the signage provided by APCOA does not comply with the BPA code of practice in particular 18.3, 18.5, 18.7, 18.8 and 18.10. A Notice is not imported into the contract unless brought home so prominently that the party 'must' have known of it and agreed terms. There was no consideration/acceptance and no contract agreed between the parties as the signs were not sufficiently clear.

APCOA are required to show evidence to the contrary.

Dippy51

Thank You both I will amend, worried I will end up paying £85 if I loose that I can't afford, my youngest offered to pay half to make it go away as she can see how ill it's making me. Should I mention something more about machine being wrong as what it gave us was a reciept of someone before us that paid by card for a days parking. In such a rush to get train we never looked at it properly. One side says display on vehicle right side up other side in bold print says EXPIRES date is same day time is different 8.42 yet it was about 9.15 when we put our money in. Of course now reading all the middle can see its nothing to do with our payment, but why does it say display on vehicle. Also would a letter from the other passengers who saw we paid be of any help. I do rattle on sorry and so thankful for help.

Coupon-mad

Dippy51 wrote: »

Thank You both I will amend, worried I will end up paying £85 if I loose that I can't afford, my youngest offered to pay half to make it go away as she can see how ill it's making me.

As I said above 'relax, you WILL win this POPLA appeal' BELIEVE US, TRUST US, YOU WILL!

No need to add anything else (NOTHING needed about what happened with that ticket machine) once you have removed those extra numbers so you only have 4 appeal points (the 'not relevant land' being the fourth one).

bazster

Dippy51 wrote: »

Thank You both I will amend, worried I will end up paying £85 if I loose that I can't afford, my youngest offered to pay half to make it go away as she can see how ill it's making me.

You see, this is exactly why I get annoyed when people like Dippy are only given half of the information they need to reassure them.

Dippy, APCOA issues 50,000+ fake fines every year and maybe 50 court claims (and for all we know they might be nothing to do with fake parking tickets, they might be suing suppliers or something), that is how toothless they are and how little you have to fear.

So press on with your PoPLA appeal (which you will win) and stop worrying!