Lost at POPLA

The_Deep

Are these the byelaws you need?

http://parking-prankster.blogspot.co.uk/2013/11/an-open-letter-to-simon-renshaw-smith.html

Coupon-mad

I note the appellant’s case. However, mitigation is not a ground upon which I am able to determine this appeal. That the appellant feels he had good reason for failing to comply with the advertised terms and conditions of the site is not a reason for which I can allow an appeal.

That was obvious from the POPLA website - did you not read it beforehand at least? <sigh> Oh well! It's not a big deal but didn't you notice this?

http://www.popla.org.uk/makinganappeal.htm#grounds

''remember that the Assessor cannot allow an appeal solely because of mitigating circumstances.''

What a waste, a horribly rushed 'mitigating circumstances' appeal is no appeal at all. You can't try twice so that's in the bin then as an option.

I would send the Notice of Cancellation as discussed above, as it cannot hurt at all. You have wasted the POPLA appeal but it's no biggie - there was no POPLA just over 2 years ago and no-one told any posters to pay fake PCNs then either. We've ignored fake PCNs for a decade and it's just a matter of ignoring junk mail (never ignore real court papers but I have already told you how rare that is in post #2 and how we can help to beat this if it goes to a small claim hearing).

Anyone who pays is a mug so don't even think about it.

1gring

ok first of all thanks for the replies, now most of you are saying dont pay it....I hope you guys are right!!, I feel I've done nothing wrong and caused no-one any harm or inconvenience or did anyone out of pocket the road was very quiet I just dont get how this is legal ......anyway thanks everyone

ezerscrooge

That's better than the link I gave TD - even a includes a pre-written letter, just in case VCS irritate the OP with junk mail.

1gring

Coupon-mad wrote: »

That was obvious from the POPLA website - did you not read it beforehand at least? <sigh> Oh well! It's not a big deal but didn't you notice this?



''remember that the Assessor cannot allow an appeal solely because of mitigating circumstances.''

What a waste, a horribly rushed 'mitigating circumstances' appeal is no appeal at all. You can't try twice so that's in the bin then as an option.

I would send the Notice of Cancellation as discussed above, as it cannot hurt at all. You have wasted the POPLA appeal but it's no biggie - there was no POPLA just over 2 years ago and no-one told any posters to pay fake PCNs then either. We've ignored fake PCNs for a decade and it's just a matter of ignoring junk mail (never ignore real court papers but I have already told you how rare that is in post #2 and how we can help to beat this if it goes to a small claim hearing).

Anyone who pays is a mug so don't even think about it.

OK point taken wish I bumped into this forum beforehand anyway you seem well knowledgeable so advice is taken

Coupon-mad

Glad you are realising this does NOT mean you must pay - you should send the Cancellation though as it will help your position if they try a small claim (and you can't cancel a contract after court papers are issued so strike while the iron is hot!).

esmerobbo

The_Deep wrote: »

Are these the byelaws you need?

http://parking-prankster.blogspot.co.uk/2013/11/an-open-letter-to-simon-renshaw-smith.html

They may well never have been repealed, and may well still be in force, and indeed JLA do refer to byelaws elsewhere. However as stated above Speke Hall Avenue is not within the boundary of JLA.
It is certainly not within the boundary of the old airfield for which those byelaws were drawn up.

Peel holdings bought that road as they have a master plan (or did) to build a huge cargo terminal to the west of that road. Joining it to the industrial estate they own on the old airfield. If they had not have bought it, it would have split their two sites.

This was my playground when I was a child. That road was a road to nowhere, it was built during the war when Rootes (cars) built aircraft for the RAF. They then used this road to bring the new aircraft up to RAF Speke which was Liverpool airport, and the land between it and the river. You can see the shiny new concrete road in the link below.

http://www.rootschat.com/forum/index.php?topic=402825.36

Hence I believe the reason VCS and SRS have never given too much thought to the byelaws question.

During my digging I have discovered they are angling to obtain other roads around the airport, from Halton and Liverpool councils.

Their whole angle for issuing these charges falls flat on its face as they quote security and safety, when the security and safety problems would come from Dunlop and Hale roads, and Oglet Lane. However they don't own them yet!

It would however be advantageous to see a copy of the contract they hold for the issue of these charges. Is it Liverpool JLA Ltd, Peel Airports Ltd, or Peel Holdings Ltd who engaged them?

One problem they do have is Speke Hall which is a Tudor mansion on national trust land slap bang in the middle of the two sites, which they have to work around.

esmerobbo

IIRC Someone lost a POPLA at this site as they appealed on mitigation as the car had started misfiring, stopped and then restarted. VCS issued a claim which was thrown out.

Edit, here it is. http://forums.moneysavingexpert.com/showthread.php?t=4800559&highlight=vcs+court+jla

1gring

Coupon-mad wrote: »

Glad you are realising this does NOT mean you must pay - you should send the Cancellation though as it will help your position if they try a small claim (and you can't cancel a contract after court papers are issued so strike while the iron is hot!).

Ok I'm a bit confused with this one. What contract do I cancel cause I don't remember entering one with them. Also if I apply to cancel doesn't that mean I was in one? Can't get divorced if you're not married:) , it's just a thought maybe I am missing something

bod1467

1gring wrote: »

What contract do I cancel cause I don't remember entering one with them.

Exactly. So you're writing to specifically reject and cancel any such contract. Don't worry too much about it ... the advice relates to the new Consumer Contracts Regulations that came into force in June this year; as the PPC didn't advise any cancellation terms on their signs then the T&Cs of the "contract" were not properly given, therefore the consumer can opt to cancel any implied contract.

(Signs means this is a distant contract - there is no face-to-face negotiation to allow a "meeting of minds" - so there are specific rules companies must follow when contracting with consumers).