Rejected appeal letter addresses none of my grounds

MrsCheese

Umkomaas wrote: »

Without clear and compelling reasons for 'acting on behalf' I'm not sure how POPLA would view this. I wouldn't take the risk, just phrase it as if your wife has written it as the Registered Keeper. Take yourself completely out of the appeal structure.
HTH.

Fair call. Will do.

Umkomaas wrote: »

I'd take this bit out - POPLA won't come back to you asking for this. You need to put pressure on HV to prove that their signage was adequate - if they can't, you win!
HTH.

Right-o

Umkomaas wrote: »

I think there's a bit of a scramble now, given the Halton debacle, to review and change the signage (possibly at Warrington too), so you need to ask for any signage offered as proof are those signs showing at the time of your parking event - not as they may be now.

You might want to make a crafty reference to the fact that HV have been suspended from accessing the DVLA database relating to Warrington's sister hospital at Halton because of a number of issues relating to signage and the siting of ANPR cameras. Don't make too much of an issue of it, but it would be missing an opportunity to remind POPLA of the Trust's problems with HV 'managing' parking on their sites.

HTH.

I like the cut of your Jib. It's a pointer to shonky practices at least.

TD - The Beavis bit is made clear in the sticky, hence why I've put it in. It was highlighted text.

Very much appreciate your views guys, thanks!

MrsCheese

I've taken out the bits about me handling this for my wife and have removed the sections you mentioned. I've also amended the following sections to read as below:

3. Inadequate signage / lack of contract between driver and operator

There are locations within the estate where it is clear there is a requirement to pay and display, however the driver never entered these areas. Given this is the case and Highview Parking have not provided a clear explanation as to where the car was and how the contract with the driver was formed, it makes it impossible for me to accurately provide full evidence to demonstrate that no contract was properly formed, nor that the rules were not breached.
Logically I can only work from a basis that the charge is simply for being within the hospital grounds for the period of time and thus I demand that Highview Parking demonstrate to POPLA that they have in place adequate signage to form a contract with the driver prior to entering the hospital grounds, or clearly displayed time limits when within the grounds. The warning should be clear that merely entering the grounds to establish if the driver wishes to park would in itself form a contract; naturally this would include full details of tariffs before entering the estate.
I contend that if the signage exists at all then it must be inadequate as there was nothing in the area where the vehicle was located. I am also conscious that following Highview Parking’s suspension by the DVLA at Halton Hospital:
http://www.liverpoolecho.co.uk/incoming/parking-firm-suspended-dvla-over-9660026
that Highview Parking may be making alterations to the signage in Warrington as a result, thus I would require POPLA to see proof that any signage offered as proof are those signs showing at the time of your parking event - not as they may be now.

4. Lack of evidence to show alleged offence

Putting aside the trust issues regarding Highview Parking’s misuse of ANPR technology and the way they manage their sites; resulting in their suspension at Halton Hospital. I call into question what the ANPR evidence actually shows. It shows the vehicle at two points...etc


I feel this is ready to go now. I'm planning to email it, but should I be doing anything tactical about when I post it in relation to the periods I have to make an appeal, or should I just get it in?

Thanks again for all the contributions.

Umkomaas

are those signs showing at the time of your parking event - not as they may be now.

Not 'your'! 'The Driver's' parking event.

Get it away - via the POPLA website. I'd save it as a .doc or .pdf file and send as an attachment to a short synopsis of the appeal (just use the bullet index of appeal points for this) and say 'Please see the substantive appeal attached'.

Tick 3 of the 4 reasons for appeal (not the 'stolen' one). Standard forum advice, has never disadvantaged anyone.

POPLA should respond in a few days to give you an estimated date by when they will make their decision. If you don't get that (say) within seven days (or before your appeal deadline if earlier), give them a call to check receipt.

hoohoo

Just to confirm, I have now seen the NTK, and as it was delivered on day 20 it fails the basic POFA test!

It also misses most of the required contents of 9.2.e, and all of 9.2.f

There is therefore no keeper liability

MrsCheese

*ahem* Thanks Umkomaas heavy day at work, I was going a bit blury eyed by then. :$ Thanks again. I'll follow your expert guidance.

hoohoo - Gwad zooks! For some reason I had it in my head that they had until the 30th, I must have picked up 24 days rather than 14 by mixing the 28 days they have to wait after notice to driver was issued. Thanks, I'll change that paragraph and get it off today.

Thank you, thank you, thank you to all that have helped!