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JAS Evidence received - late

245

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    please start a new thread using the blue NEW THREAD button near the green banner at the top of the forum

    hijacking other members threads is not allowed and your case has nothing to do with this one

    people will help you when you have started your own thread, not before

    thanks
  • da0092
    da0092 Posts: 27 Forumite
    The above letter rebutting their evidence pack has been submitted to POPLA, after which I was cc'ed into an email from JAS stating that the evidence was sent to me by post on the same day as it was submitted to POPLA, and they resent it as soon as they were made aware of me not receiving it.

    How convenient.

    Regardless, the rest of the points are still entirely valid and hopefully will see them off. I will update (IN THIS THREAD ;]) once I hear any more.

    Thanks all
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    excellent, nothing makes me happier than seeing those sc@msters lose each and every appeal and costing them £30 into the bargain

    they tried to sc@m one of my friends once and failed due to me helping fight back, so I personally look for JAS threads on here and am always happy every time I have cost them more money due to their intransigence and greed

    please let us know the outcome (I am sure it will be a win for you)
  • da0092
    da0092 Posts: 27 Forumite
    edited 27 April 2015 at 4:24PM
    Update:

    I have received the expected letter from POPLA, stating that my case was adjourned pending the outcome of the Beavis appeal. The letter from POPLA states:

    "As previously stated would happen, the Lead Adjudicator has directed that the case will be adjourned for a further 21 days. The case will therefore not be listed before 21 days in order to allow both parties to make any representations in light of the Court of Appeal decision. It does remain the position that it is for the party seeking to rely on any authority from a case in the higher courts, to explain how they submit it relates to the appeal in question and in particular the matter to be determined."

    So the emphasis is on JAS to provide evidence that the outcome of that case is relevant to the Beavis case. Some questions:

    1. Has anybody in a similar situation already received any correspondence from the operator they are challenging (or via POPLA) in an attempt to relate the Beavis case to your own?

    2. If the operator has submitted representations to show how the cases are linked, should we send a rebuttal of their points? Any examples of these so far?

    3. With the appeal fund being reached and the case therefore going to another appeal, will operators still be allowed to cite this case?

    Thanks in advance.
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Request that the case be suspended pending the outcome of the Supreme Court Appeal.
    Changing the world, one sarcastic comment at a time.
  • da0092
    da0092 Posts: 27 Forumite
    Thanks stator,

    Would others agree that would be a good course of action?
    Are any others on the forum in a similar situation and if so, what action have you taken?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    I disagree. This is JAS we're talking about. Just let POPLA go ahead. In the VERY unlikely event you lose at POPLA, you STILL don't need to pay ... JAS would have to take you to court, something they have no history of doing as far as I am aware.
  • da0092
    da0092 Posts: 27 Forumite
    Hello all,

    It's been almost a year since I last posted on here about my case vs POPLA. Following the outcome of ParkingEye vs Beavis, I have now received a letter from Wright Hassall solicitors inviting me to send additional evidence relating to my case, since (according to the letter) GPEOL can no longer be used as a valid argument. As can be read above from my original appeal letter, my other points (omitting GPEOL) in the initial appeal were:

    1. No contract from the landowner has been submitted, and the inclusion of a letter from the tenant forms no contract.

    2. No evidence has been submitted proving that the driver of the vehicle left the sight.

    3. Photographic evidence submitted by operator shows that ‘contract’ should be void.

    Have others had similar letters from Wright Hassall, or similar solicitors, and if so have they replied using similar points? If anybody could guide me to any posts relating to this, or give me advice on how to respond to give me the best chance of winning, that would be massively appreciated - evidence needs to be sent tomorrow!

    Thanks again.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    looks like you have not been reading other threads or keeping up with this weeks news

    please read the links I collated in this thread

    https://forums.moneysavingexpert.com/discussion/5336635
This discussion has been closed.
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