Advice on expired POPLA code

Redx

frankly, I dont see the relevance at all, its their interpretation of their rules they say you broke

my point is to appeal on legal grounds , any and all legal grounds, not on some aspect that wont win your case , so its about alleging their case isnt valid, in legal terms , on legal points, in legalese

Dee140157

I would rename point 1) No Genuine Pre-Estimate of Loss. It is confusing to have 2 signage titles.and then merge it with your point 3


Point 2) was it dark? If not find a more generic signage paragraph from the examples linked to in post 3 of newbie thread.

Delete point 5 in total for now. It won't win appeal anyway.

Point 6 is largely irrelevant at POPLA too.

Was it an ANPR car park? If so you need an ANPR paragraph.

olie3146

Dee140157 wrote: »

I would rename point 1) No Genuine Pre-Estimate of Loss. It is confusing to have 2 signage titles.and then merge it with your point 3


Point 2) was it dark? If not find a more generic signage paragraph from the examples linked to in post 3 of newbie thread.

Delete point 5 in total for now. It won't win appeal anyway.

Point 6 is largely irrelevant at POPLA too.

Was it an ANPR car park? If so you need an ANPR paragraph.

Thank you for your advice.

I have renamed point 1 and merged it with point 3.

Is it not worth me putting in point 5 anywhere? I was under the assumption that I should make POPLA aware that the POPLA number was registered 18 days prior to me receiving the rejection letter.

Do you suggest I delete point 6?

Redx

if the codes were generated incorrectly I would add them into the popla appeal as a latter point, BUT, I would also complain to the BPA and DVLA if not done so already as its a clear breach of the BPA CoP

so no harm in keeping it in but only as an addon and to record it in case the BPA investigate it (or popla in the few appeals they pick out for scrutiny)

olie3146

Redx wrote: »

if the codes were generated incorrectly I would add them into the popla appeal as a latter point, BUT, I would also complain to the BPA and DVLA if not done so already as its a clear breach of the BPA CoP

so no harm in keeping it in but only as an addon and to record it in case the BPA investigate it (or popla in the few appeals they pick out for scrutiny)

Thanks Redx, I have now put that as a note at the bottom of the appeal, I actually sent an e-mail to the BPA regarding this issue who requested I send all relevant paperwork to them (including my POPLA appeal) and that they would look into it, although they could not have the charges canceled, they would sanction NGP for any breaches of the COP

Do you think my appeal letter is sufficient now to send to both POPLA and the BPA?

EDIT : I have added the following paragraph under section 1, do you think this is worth having in?

As this charge is being based on contractual ground and not that of loss or damage I believe the charge of £100 to be punitive and that the burden of proof is on the parking company to prove that it is not.

Coupon-mad

You have mistakenly confused matters on this forum, by starting a new thread:

https://forums.moneysavingexpert.com/discussion/5062154

...where the posters there didn't know you already had this thread. Please keep all queries and POPLA appeal and add-on comments (and your eventual win!) here. Send a pm to Crabman to ask for your 2 threads to be merged asap.

You asked (in the other thread) about including this in your POPLA appeal:

''As this charge is being based on contractual ground and not that of loss or damage I believe the charge of £100 to be punitive and that the burden of proof is on the parking company to prove that it is not.''

But I would be very surprised if NGP are really saying the charge is a contractually agreed fee to be allowed to park. Don't just see the word 'contractual' (or 'contractually agreeing') on a sign and think that's what it means, it doesn't. Nine times out of ten the sign says the charge is for breach/failure to company/contravention (not consideration).

Also I had already said it is imperative you make it clear to POPLA that this expired code was only given to you 16 days late, that MUST be at the top of the appeal (the posters on your other thread didn't realise your code had timed out as they didn't see all the information here).

And as you have already complained to the BPA, that's obviously what you must follow up, WHEN POPLA say 'computer says no'. They will. So you then need the BPA to say 'but yes'!

Crabman

Duplicate threads have been merged