norfolk parking enforcement

gregsayer

hi,


so I just received my reply from NPE,
including the POPLA code.


can anyone advise what the next step is?


also I complained about there ICO registration, and they have replyed saying they are compliant and have actually amended it!

waamo

Seeing as you have the POPLA code the next step would be to use it.

gregsayer

thanks for that...


the sticky threads regarding POPLA appeals talk about the ParkingEye V Beavis appeal,
however in my rejection letter is states:


As confirmed by the recent dismissal of the ParkingEye v Beavis appeal, we submit that the charge does not cause a significant imbalance of the parties' rights and obligations arising under the contract.


does this make a difference?

The_Deep

Beavis only applies in very specific cases, and this is extremely unlikely to be one of them. If you do a search, you can easliy find what they are.

gregsayer

also NPE are not registered on the britishparking.co.uk site for ANPR


does that make a difference?

waamo

Include in your appeal. At POPLA hit them with every legal argument possible. They have to demonstrate everything you have to demonstrate nothing.

If you say something it is for them to refute it with evidence otherwise it's a win for you.

Didn't they mention that Beavis is under appeal at the Supreme Court? That surprises me if not. I would have thought they you would want to know that.

Umkomaas

Don't focus on 'clutching at straws' questions. They won't help. You need to follow a tried and tested route by concentrating on what has 'won' for hundreds of motorists before you.

Your appeal to POPLA needs to cover the following:

1. No keeper liability (but you need to check the NtK for correct dates and all requirements of PoFA have been included) - see here:
http://www.parkingcowboys.co.uk/keeper-liability/

2. Signage
3. No Contract with landowner to pursue charges in their own name at court
4. No proprietary interest in the land
5. Unlawful Penalty Charge
6. ANPR Accuracy (if appropriate)
7. No genuine pre-estimate of loss (GPEOL)

Read very carefully post # 3 of the NEWBIES FAQ sticky - it contains information important to your appeal.

There are plenty of examples of winning POPLA appeals across the forum; here are a couple of links for you to follow and research:

How to win at POPLA:

http://forums.moneysavingexpert.com/showpost.php?p=62180281&postcount=15

Some of the appeals linked here are now becoming a little dated, so be careful to use one of the more recent ones as your guide to framing your own.

Please don't do a 'copy and dump' of the first thing that looks 'legal' enough, then expect regulars to pick it apart and amend it all for you. We won't do that, so you need to understand what you're copying, you need to proof read it and make sure any references you make (Beavis in particular) are up to date, and everything relates broadly to your parking event.

POPLA Decisions

https://forums.moneysavingexpert.com/discussion/4488337


Read from the most recent backwards to get a feel for the appeal points on which POPLA Assessors are currently upholding appeals.

nigelbb

gregsayer wrote: »

also NPE are not registered on the britishparking.co.uk site for ANPR


does that make a difference?

No as NPE don't use ANPR they use either a bloke on a bike with a camera or CCTV there is no Automatic Number Plate Recognition involved.

gregsayer

its not ANPR, your right, its CCTV
they have it mounted the other side of the road, it must also be recording the road and footpath, I always thought that was a no no

Grimble

Planning permission???????