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What is time limit between appealing to POPLA and date of hearing?

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SnowWhiterThanWhite
SnowWhiterThanWhite Posts: 794 Forumite
Part of the Furniture 500 Posts Combo Breaker
Please see post #12 for evidence pack UPDATE



I've recently submitted an appeal to POPLA and have received my 'hearing' date acknowledgement by e-mail
There is 34 days between both
I understand that the parking company now have 28 days in which to respond with further evidence etc - If they take it right up to the wire, this only leaves 6 days for me to refute any evidence - Is this correct?
"Hope for the Best
Prepare for the worst"
«1

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  • Umkomaas
    Umkomaas Posts: 43,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The time frame given is about the norm of 6 weeks or so.

    You usually get the PPC evidence pack about a week before the deadline, so you do have to act quite quickly with any rebuttal. Not rebutting a point may be deemed by POPLA as accepting it. You need to do a bit of forward thinking so that you hit your rebuttal stage well prepared.

    Here are a couple of rebuttal examples (one very comprehensive) to give you some idea and inspiration ready for any PPC evidence pack you get. The EP might be sent via email; some in the past have dropped into email Junk files, so check yours regularly as the deadline approaches.

    https://forums.moneysavingexpert.com/discussion/comment/67385911#Comment_67385911

    http://forums.moneysavingexpert.com/showpost.php?p=67402366&postcount=26
    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
  • My hearing is due this week. I have still not received the evidence pack. I phoned POPLA last week and they seemed to indicate that 'all' evidence has been received?
    They asked me to e-mail my query in, which I did but received an automated response saying someone will respond with 5 days which will be past the hearing date!
    I've checked my spam etc, but definately nothing received
    Could this be a tactic by the PPC? How can I prove that I haven't received anything?
    "Hope for the Best
    Prepare for the worst"
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you cannot prove it , as nothing happened

    as you have emailed popla with the query, you will have to wait for their response , just ensure that they have logged it as a "no evidence pack from the PPC" issue , in which case you can ask for a delay until you get this missing pack and can rebut it

    the fact you have emailed popla and told them should be good enough, plus keep copies of it in case you have to complain to their lead adjudicator in the future, if it went against you without receiving this pack or rebutting it
  • Redx wrote: »
    you cannot prove it , as nothing happened

    as you have emailed popla with the query, you will have to wait for their response , just ensure that they have logged it as a "no evidence pack from the PPC" issue , in which case you can ask for a delay until you get this missing pack and can rebut it

    the fact you have emailed popla and told them should be good enough, plus keep copies of it in case you have to complain to their lead adjudicator in the future, if it went against you without receiving this pack or rebutting it
    Thanks for that - Is there a way of checking that it has been logged it as a "no evidence pack
    ?
    "Hope for the Best
    Prepare for the worst"
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Thanks for that - Is there a way of checking that it has been logged it as a "no evidence pack
    ?

    only by contacting popla

    no point asking on here, we can only tell you to contact popla, to complain to popla, to ask popla for a delay

    if you want to know how much a tesco can of beans costs , you contact tesco ;)
  • 1505grandad
    1505grandad Posts: 3,796 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 29 June 2015 at 4:51PM
    Sent email to POPLA 25/6 re no evidence pack received and just received this email:-

    RE: No Evidence Pack Received From UK Parking Control Ltd‏









    From: appeals (appeals@popla.org.uk) Sent: 29 June 2015 14:55:21 To:






    Thank you for your email below.

    A note has been placed on the case file stating that you will submit further evidence within 7 days.

    Kind regards

    POPLA Administration Team
  • misterbarlow
    misterbarlow Posts: 474 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    My popla hearing was originally due on June 2nd, four weeks tmrw, and I have still not heard anything about it yet.

    I had no evidence pack up until the day before that date, and after complaining to PPC and BPA it came about a week after the due date, they claimed they sent it ages back but must have got rejected due to its size, so they sent a 'smaller resized' version, which was still 8mb, I sent my response to popla the same day.
    That was two weeks ago!

    Now had a scary red final notice from PPC today, which went straight in the shredding pile...
    Wondering how long to leave it before throwing popla another email asking what the hold up is???
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic

    Now had a scary red final notice from PPC today, which went straight in the shredding pile...
    Wondering how long to leave it before throwing popla another email asking what the hold up is???

    firstly, you should report the PPC for sending that debt letter whilst a popla appeal is ongoing, its a breach of the BPA CoP

    dont let them get away with it , report it

    secondly, there is a possibility that they cannot rule on your case due to the Beavis appeal, in which case its months before you get a decision
  • Thanks Redx.. will do thanks for he heads up... they obviously hold the BPA CoP in very low regard!!!

    Gpeol was the main part of my appeal seeing as it was on a free to use access road and not an actual paying carpark of any type, and took up 3 of my 5 pages, but there were still 4 other points I saw as valid, most especially the incorrect address and postcode on the NTK.
    I would have thought if they had delayed it due to gpeol/Beavis etc they would have at least advised me as such...
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I would have thought if they had delayed it due to gpeol/Beavis etc they would have at least advised me as such...

    no good asking us or asking us to comment, only popla themselves can tell you those answers, assuming they want to

    any decision date they gave you is arbitrary and you should not set too much store by it , I have known some take weeks or months longer than anticipated

    even next years cup final date is only pencilled in, and could change due to unforseen events , so dont take popla dates too literally

    you can see what the lead adjudicator said about these decisions in his recent statement (on pranksters website too), that they would try to adjudicate on all other points first, but that if it rested on gpeol then it would be stayed until after the beavis result in several months time

    so your wait could be a long one
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