parking charge

Quentin

Go back to the newbies faq for advice on what to do after the first appeal fails


And keep up the pressure on Asda

ampersand

Sorry to see you back without a cancellation of this scam invoice op -

but I don't see any mention of you keeping yourself uppermost in that Asda manager's mind.

Return to the store. Don't be fobbed off.
STRONGLY, COURTEOUSLY, PERSISTENTLY. Ask them to bring CEO to the phone, 'I'm not leaving until ......'etc.etc.

-WITH SISTER'S PROOF OF SPENDING [not strictly necessary, but helpful.]

That was in pogofish's 1st reply to you, and has been repeated by all of us since.

You do this - and contact local newspaper.

tomrostron

I have sent another letter to asda. this time to the ceo at head office leeds. I have worded it strongly, and enclosed photocopies of my disabled badge and checkout receipt. I have about 15 days before I have to appeal to popla. so I will wait until then, to see if asda respond. am I doing right?

ManxRed

Make sure you get the POPLA appeal in in time. If ASDA don't respond in time then don't cause this to miss your POPLA deadline.

You can keep on at ASDA after the POPLA appeal has gone in.

Does the CEO know that UKPC are being investigated for fraud, and that the DVLA have banned them from accessing their Registered Keeper database? Maybe you should inform him of this.

Quentin

tomrostron wrote: »

I have sent another letter to asda. this time to the ceo at head office leeds. I have worded it strongly, and enclosed photocopies of my disabled badge and checkout receipt. I have about 15 days before I have to appeal to popla. so I will wait until then, to see if asda respond. am I doing right?

Even if they do respond favourably you MUST continue with your appeal unless you get it in writing from UKPC that they are taking no further action over your PCN

tomrostron

I am ready now to appeal to popla. I have a few questions. do I write a letter to popla explaining what happened that day. eg. elderly sister needing plenty of room to get out with her aid, photocopys of till receipt and disable badge. As I have not told ukpc anything about these matters yet. I just sent the template, as advised.. do I send these documents with a letter to ukpc first. thanks again tom.

Umkomaas

tomrostron wrote: »

I am ready now to appeal to popla. I have a few questions. do I write a letter to popla explaining what happened that day. eg. elderly sister needing plenty of room to get out with her aid, photocopys of till receipt and disable badge. As I have not told ukpc anything about these matters yet. I just sent the template, as advised.. do I send these documents with a letter to ukpc first. thanks again tom.

None of the above!

Mitigation will only get you one result - a defeat. You need to base your appeal on technical and legal points.

Here is standard advice I give in this context:

There is no standard POPLA template, but your appeal 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 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.

However (and importantly) things have changed on the POPLA front, with the service having been taken over by The Ombudsman Service Ltd. Please read the following links to understand the process you will need to follow:

http://parking-prankster.blogspot.co.uk/2015/08/popla-changeover-starts-tomorrow.html

http://parking-prankster.blogspot.co.uk/2015/09/new-popla-process.html

So the 'new' POPLA is up and running, you will need to get your appeal in by the deadline you've been given. We don't know how they will assess and adjudicate appeals, so we won't be able to give anything like the conditional assurance we have previously - until we see several outputs from the new service.