Submitting Evidence Pack Rebut! (Decision Made 13th November!!)

martmonk

If I could be any more horizontal about this I would be, with news that it's that car park.

Read this....
https://forums.moneysavingexpert.com/discussion/5046309

Put a call into the council and see if anything has changed but that piece of land according to Newcastle Council in August is that this plot of land cannot lawfully be used as a carpark.

Northlakes

You could reply that you stand by the evidence given in your appeal but contest the VCS estimate of GPEOL and that industry analysts suggest that this should be no more than £20. My appeal has included photographic evidence that a ticket was purchased at the time and therefore there was no initial loss.

Just keep it simple.

The reference to IAS in their doc's is a mistake on their part as they have just joined the IPC on 1st October. Their mistake may well go against them with POPLA.

RikG92

Thanks for taking the time and helping me out, If I am going to rebut I would just keep it simple like you stated Northlakes. I am just unsure on doing so as Hot Bring stated I have basically won and may as well let POPLA do their job.

Decisions decisions..

In addition to this VCS have stated that they have done their GPEOL on what the 'breach' MAY cost them and actually not on what it HAS cost them.

hoohoo

Can you post up their gpeol calculation? This seems like a new one, different from their previous offerings

RikG92

Their calculation shown below:

PCN Creation & Issue
This covers the time taken by the Parking Attendant (PA) or Patrol Officer (PO) to patrol, observe, complete relevant details on the PCN pad and phone details through to Central Payments Office (CPO) in order for the PCN to be logged on to the central database. The resources for the PA/PO to issue the PCN and the cost of sending a hard copy PCN and evidence to the CPO. CPO costs of processing the PCN, including scanning, logging and uploading photographs.
£8.36

1st Representations (appeals and challenges to the operator)
Receiving, logging, reviewing, writing and sending a written response to representations from the motorist.
£12.68

2nd Stage Process
Receiving, logging, reviewing, writing and sending a written response to further representations and/or evidence from the motorist and/or corresponding where the motorist is not the registered keeper.
£32.92

Notice to Drivers, Follow-up and Reminder Notices
Re-issuing the PCN where, for example, the keeper names another person as the driver. The issue of standard and ad-hoc reminder notices.
£2.75

Evidence Packs for Independent Adjudication Service
The cost of producing, reviewing and submitting evidence packs. The cost of monitoring and tracking the outcome and complying with the outcome of the appeals process. The fees associated with the Independent Adjudication Service are excluded from these costs.
£49.69

Final Reminder Process
The cost of issuing a final written letter to allow the motorist to pay before further action is taken.
£2.72

Debt Recovery Process
This cost relates to two elements of debt recovery. Firstly, the cost and time associated with obtaining a debtors background check, provision of data sets (including quality assurance), and managing and monitoring the debt recovery process in association with a third party debt collection agency (Note this is only the internal costs, as the debt collection agency adds their costs to the outstanding debt). Secondly, a provision for consideration of late appeals and cancellations arising from appeals allowed and requests from the client or other interested parties.
£14.94

TOTAL GENUINE PRE-ESTIMATE OF LOSS
£124.06

bod1467

Shakes head in bemusement. What a complete and utter load of tosh!

ANY costs with respect to independent appeals CANNOT be passed to the motorist/keeper ... it was a legal requirement when POFA was engaged and POPLA initiated that appeals be at no cost to the motorist.

RikG92

Hi Bod1467.. Thanks for the reply!

Do you think I should rebut to the evidence they sent me through email or just leave to POPLA? Do you reckon the appeal itself will come through?

bod1467

Oh I would rebut it. Perhaps wait tonight for others to pick this up, but in simplicity ...

PCN Creation & Issue ... these are business costs. These persons were employed already and were not costs directly attributable to the matter causing the alleged loss.

Appeals items ... appeals are supposed to be at no cost to the motorist/keeper. Most of the costs will relate to personnel already employed and so covered by business costs. Regardless of this, at most 2% of PCNs go to POPLA stage so at most only 2% of the claimed costs could be deemed relevant.

Final reminder ... business costs

Debt recovery ... that's their choice and is not something that directly flows from the initial breach.

Basically these are all made-up figures with no evidence behind them to justify the values reached. And apart from anything else, BPA member PCNs cannot be more than £100 without prior agreement - so the fact their nonsensical GPEoL is greater than £100 just proves they are plucking figures out of the air.

hoohoo

Thanks. What was the version number in small print at the bottom of the GPEOL doc? I'm guessing 2.0, manually issued?

The prankster has a comprehensive rebuttal of their costs, which you could send to POPLA

http://www.parking-prankster.com/excel-parking.html

RikG92

Thanks bod1467, I'll use what you've just stated there and rebut to them through email tomorrow so any additional comments by anyone would be much appreciated.

Hoohoo the version number of the document is indeed 2.0.