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Highview Parking - GPEOL includes POPLA fee?

gavcradd
gavcradd Posts: 110 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 13 October 2014 at 1:34PM in Parking tickets, fines & parking
First time I've seen this - I'm helping out a friend to appeal their Highview Parking ticket (she thought it was free at the time, but it wasn't). I've done the usual appeal to them, rejected, got the POPLA code, appealed to POPLA using GPEOL (and others) as the reason.

What they've sent back is quite interesting and something I've never seen before... a break down of how the PEOL is (in their opinion) genuine including the initial £1 parking charge, DVLA charge, postage, envelope, etc (coming to no more than £5. And then £68 for the cost to respond to the POPLA appeal and £11 for wages for someone to respond to the appeal.

They've also sent a lot of photos regarding the signage, and a witness statement from the land owner.

I assume that I can respond to this? Any advice? Surely if the PEOL includes the POPLA fee, then if I'd have paid without appealing to POPLA then it should have only cost the driver £5? Aren't they defeating their own argument?
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Comments

  • Yes you have to rebut every point they make
  • Umkomaas
    Umkomaas Posts: 43,072 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As only ~2% of parking tickets go to POPLA they are charging ~98% of motorists falling foul of their rules, for POPLA appeals, thus enriching themselves through incorrect, potentially fraudulent claims, if based on GPEOL.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 150,170 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 October 2014 at 2:59PM
    Look up by Googling the POPLA Annual Report 2014 and whizz straight to the end of it, to find how many in total Highview cases went to POPLA in that 12 months. It won't be many. Then quote that little total figure to POPLA as part of your rebuttal to say that all people getting a PCN cannot be expected to pay the FULL man hours spent on POPLA for an absolutely tiny % out of Highview's hundreds of thousands of PCNs issued across the country annually. Therefore, POPLA appeal 'staff hours' cannot possibly be in the reasonable contemplation of Highview when issuing every PCN and cannot make up a GPEOL for every PCN issued there at that car park. And quote the POPLA Lead Adjudicator Henry Greenslade about GPEOL not being a post estimate afterwards. Easy to find, just 'search this forum' (above the stickies, next to forum tools) by popping in the word Greenslade and you will find his quote.

    Add in anything else you want to say to rebut their drivel and email it to POPLA with the verification code in the subject line along with 'URGENT EXTRA REPRESENTATIONS BEFORE DECISION'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    If the PPC or landowner has suffered no loss, an owner/occupier parking in his/her own space, a person leaving site to get change, or a BB holder forgetting to display his/her badge, they have no reason even to apply for RK details, they have suffered no loss at all, and going after the RK is a commercial decision motivated by greed.

    Therefore, unless you have bilked in a £12 MSA, or parked all day at Fistral Beach or a station car park, there is every reason why their GPEOL should not be zero..
    You never know how far you can go until you go too far.
  • gavcradd
    gavcradd Posts: 110 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    The GPEOL in this case is definitely not zero, the parking ticket would have been £1 but my friend (mistakenly) did not see the signage and assumed that it was free (which it is at certain times).

    Having said that, I don't see how it can be genuine when the vast majority of the £85 charge is apparantly made up of responding to the POPLA claim, which most motorists won't even get to.
  • Umkomaas
    Umkomaas Posts: 43,072 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    gavcradd wrote: »
    The GPEOL in this case is definitely not zero, the parking ticket would have been £1 but my friend (mistakenly) did not see the signage and assumed that it was free (which it is at certain times).

    Having said that, I don't see how it can be genuine when the vast majority of the £85 charge is apparantly made up of responding to the POPLA claim, which most motorists won't even get to.

    Oh dear, one of The Deep's bilkers.

    You're definitely in trouble with him :rotfl:
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 150,170 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    gavcradd wrote: »
    Having said that, I don't see how it can be genuine when the vast majority of the £85 charge is apparantly made up of responding to the POPLA claim, which most motorists won't even get to.
    Nor can we - and nor will POPLA. Do a rebuttal like the one discussed here:

    https://forums.moneysavingexpert.com/discussion/5060324


    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • gavcradd
    gavcradd Posts: 110 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Umkomaas wrote: »
    Oh dear, one of The Deep's bilkers.

    You're definitely in trouble with him :rotfl:

    Thanks for everyone's help - sent a rebuttal as suggested above. Fingers crossed I keep my 100% record in appealing friend's parking tickets, I'm getting quite a reputation!

    I don't get the above joke though - anyone care to explain???:T
  • Umkomaas
    Umkomaas Posts: 43,072 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    gavcradd wrote: »
    Thanks for everyone's help - sent a rebuttal as suggested above. Fingers crossed I keep my 100% record in appealing friend's parking tickets, I'm getting quite a reputation!

    I don't get the above joke though - anyone care to explain???:T

    TD is always berating those he calls 'bilkers'. They are either those who deliberately decide not to purchase a parking ticket, or those who, through human error, inadvertently overlook paying.

    They rate in the same league as benefit scroungers, riff raff and those who shop at BrightHouse. And you might as well throw in those who fly economy! :D
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Guys,

    I've received a pen from highview just last month. I challenged it, but obviously got refused. I now have a popla number.
    Is the advice here still good, has any legislation changed since 2014? I'm currently about to send in my appeal on the grounds of unfair costs, no business loss to owner and I offered a "fair settlement"
    Are these reasons still valid?
    Appreciate any advice give.
    Dan
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