Popla decision reversed

IanP2015

I've just replied informing them that they notified me twice (2 separate emails) saying that I'd won my appeal and that I now consider the matter closed.

It all just seems so amateurish, duplicate emails, Admin errors etc.

hoohoo

Highview dont do POFA 2012 so if you have not named the driver, add this

1) The NTK is not POFA 2012 compliant, missing 9.2.e and 9.2.f and so there is no keeper liability
2) The charge is not a genuine pre-estimate of loss, and is not saved from being a penalty by ParkingEye v Beavis
3) The charge is an unfair consumer term, as determined by the European Court of Justice (Aziz)

ManxRed

Hang on a minute.

Is this correct;

1. You received their evidence pack
2. You went back to POPLA with a rebuttal pointing out that there was no witness statement
3. They then hurriedly sent in a witness statement and POPLA accepted it after the deadline for submitting evidence

Yes?

If so, I'd tell the Lead Adjudicator at POPLA (not that we know who that is yet) to get stuffed.

The_Deep

If the case is so overwhelmingly in the OP's favour, why not let PoPLA just get on with it? It seems to me that they are trying to be fair to both parties..

IanP2015

ManxRed wrote: »

Hang on a minute.

Is this correct;

1. You received their evidence pack
2. You went back to POPLA with a rebuttal pointing out that there was no witness statement
3. They then hurriedly sent in a witness statement and POPLA accepted it after the deadline for submitting evidence

Yes?

If so, I'd tell the Lead Adjudicator at POPLA (not that we know who that is yet) to get stuffed.

I'll try to explain it a little better as I know I wasn't that clear.

24th June - I sent my appeal to POPLA

25th June - I received an acknowledgement letter of my appeal saying the case would be considered on or soon after the 30th July.

23 July - I received the evidence pack

27th July - I responding point out no witness statement and also with photos of poor signage

30th July - they responded with a witness statement but ignoring my other points

10th Aug - I receive an email saying that my appeal had been successful due to a lack of witness statement. The assessment was dated the 6th August.

14th Aug - I then receive the same email as the 10th

26th Aug - They inform me the case will be reheard due to an admin error and not all the evidence had been seen by the assessor.

ManxRed

On 27th July, who did you inform that there was no witness statement? POPLA or the PPC?

IanP2015

ManxRed wrote: »

On 27th July, who did you inform that there was no witness statement? POPLA or the PPC?

To:appeals@popla.org.uk
CC:enquiries@popla.org.uk

Guys_Dad

Sounds like a POPLA error. Wonder how many re-assessments they have done when the motorist has given evidence of their mistake? I think one was successful on here but others lacking information on outcome.

The_Deep

So, am I right, Popla sent you a witness statement on 30th July but 10 days later say that they have not received a witness statement. Sounds like a FUBAR to me.

ManxRed

Sounds like POPLA tipped off the PPC and allowed them to submit it afterwards. I wonder if they'd ever do that for a motorist?

Independent, my backside.

Tell POPLA to eff off.

Tell them that you feel that they have clearly informed the parking company of a mistake highlighted to them by yourself, and allowed them to revise their evidence accordingly, something they would NEVER do for a motorist, and is indicative of their lack of independence in handling this appeal fairly.

As such, you are abiding by the original adjudication WHICH IS BINDING ON THE PARKING COMPANY.

Send this to the Lead Adjudicator.