POPLA appeal REFUSED!!!!

cyberbird

Ryan_Bryan wrote: »

If the claims were justified then how did I win my appeal against Premier Park.

I've found details of your appeal here.

You say that Premier park included standard business costs in their calculation. This will be why your appeal was allowed.

Coupon-mad

cyberbird wrote: »

My opinion why appeals are successful, which is based on studying a sample (just a sample, so I could be wrong) of decisions as reported on this site, is that a lot of appeals are not even defended. When they are defended GPEOL is usually the quoted ground for allowing the appeal and the reason is usually that the dumb parking companies cannot even produce a calculation that adds up to the charge being sought. Other times they include charges which are clearly not allowed.

True...but we'd worked that out over a year ago!

Ryan_Bryan

cyberbird wrote: »

I've found details of your appeal here.

You say that Premier park included standard business costs in their calculation. This will be why your appeal was allowed.

And this is what OPs appeal reply from Highview stated. Notice the business costs? Or are you still trying to ignore the facts.


Unpaid Parking Fee Tariff at <car park> - £1

ANPR Image Verification For ANPR cases only - we are required by the BPA to check the data to confirm it's correct £0.75

DVLA cost for requesting the Owner/Keeper details £2.50

Document Print Documents are all printed externally by a supplier for which a cost per document is applied £0.15

Postage Charge Postal cost per Notice, plus envelopes £0.92

Responding to Appeal Cost of Appeals Executive including Employer's NI to respond to appeal £11.83

Responding to POPLA Appeal - Cost of Compliance Co-ordinator including Employer's NI to administer the POPLA Appeal, collate required information and build, print, sign offand send POPLA evidence pack £68.07

Total £85.22

Coupon-mad

Responding to POPLA Appeal - Cost of Compliance Co-ordinator including Employer's NI to administer the POPLA Appeal, collate required information and build, print, sign offand send POPLA evidence pack £68.07

Laughable isn't it?! The more you look at the PPCs who quote this utter rubbish the more you despair that Assessors like Amy Riley would swallow that as flowing as a 'likely cost' from EVERY PCN. Give over.

bazster

4consumerrights wrote: »

Why are people still feeding the troll......

^^^^^ This ^^^^^

cyberbird

bazster wrote: »

^^^^^ This ^^^^^

I think that is because some people realise that I am not a troll. I explain my initial post below.

I will not be posting again on this thread as somehow people think I am supporting the decision by the assessor. They may want to look back through the thread and it should be clear to them that I don't. My original post was because Ryan Brian had incorrectly assumed that the assessor had subsequently backtracked on her reasoning. This was so that people would realise that there is a risk of more decisions like this one.

@Ryan Brian

You will see that the "business costs" relate directly to the appeal in this case. That in itself is not a problem. It is not all types of business cost that cannot be included.

The problem with the assessors decision (as Coupon-mad and nigelbb have pointed out (possibly others too)) is that in order for a pre-estimate of loss to be reasonable it must factor in the probability of a cost occurring. It is supposed to be an estimate of damages that was made prior to the signs being printed. In calculating this figure it should not be assumed that all claims reach the POPLA appeal stage and equally it should not assume that none reach the litigation stage.

True...but we'd worked that out over a year ago!

I know you did because you told me pretty much that when you answered my first post. However my post was in response to Ryan Brian who asked the specific question. Ryan does not appear to realise that some business costs come into consideration when calculating the PEOL.

I hope this clears up where I stand. I really don't want to have to post again on this.

Ryan_Bryan

The PPCs would love you as an assessor.

gavcradd

OK, done... just sent :

1) A "cancellation of contract" to Highview.

2) A formal complaint to POPLA highlighting all of the points made in the above thread (but focussing on "procedural errors" in the fact that I do not not believe that my additional evidence has been considered). I also added an additional point about a non-compliant NTK and the fact that an assessor in September said that this should be considered whether it is mentioned by the appellant or not. I attached my original POPLA case and my additional evidence and sent it to rreeve@popla, egroombridge@popla, hgreenslade@popla (but this was returned), appeals@popla, appeals.admin@popla and enquiries@popla.

Now I'll wait...and let you all know.

EnigmaPart1

POPLA will not do anything.

Coupon-mad

Except they will realise her decisions need a second look - no Supervisor could miss that fact even if they deny our complaints. Like a lot of people, I supervise a team of people and if several complaints are received about one person you take notice, especially if they are new.