Premier Park PCN Help please

addie85

Yeah I wish that I had done some research before sending that off really. Exactly, learning point for next time- although doesn't help my current situation and anger levels now! haha
In your experience is it worth me trying the POPLA route for appeal if the NTK arguement is the strongest and no longer valid?

Redx

yes its worth popla because of all the other legal arguments you mentioned in post #3

POFA2012 is just one of a number of defence points, sometimes POFA2012 isnt relevant but all the other points are

addie85

ok brilliant, im just worried that it will all be in vain as this is new to me and im not sure whether what I have cobbled together is good enough for the popla appeal.

So I need to adjust some of the wording in post #8 to reflect that I am appealing as the driver as the keeper arguement isnt valid.

Edna_Basher

As Redx points out, it's definitely still worthwhile using your other points in an appeal to POPLA.

Although a non-compliant Notice to Keeper would have been a guaranteed winning point for a keeper's appeal, there are still other ways for you to succeed.

For example, we recently won a POPLA appeal on the ground that Premier Park did not have a propriety interest in the land to pursue charges. The burden of proof rested with Premier Park; they failed to provide any such proof and so POPLA allowed our appeal.

addie85

excellent! Thanks so much for everyones input, its really nice to find a good community like this.
Has anyone had a chance to have a quick glance at my appeal and see whether it makes any sense?

soton_25

Definitely go to POPLA for a few reasons
1) You still stand a fair chance of winning
2) It makes Premier spend £27+VAT and has then running in paperwork circles
3) You are absolutely not bound by the outcome and from everything I read Premier don't often go to small claims.

So what is the worst that can happen. You lose at POPLA and have to watch out for actual court documents through the post for next 6 years on the off chance Premier decide to actually persue you. The rest of the time you will just be ignoring their fake debt collector letters.

If I were you, smile and enjoy putting Premier through the wringer, as they have been trying to put you through the wringer

bod1467

/tangent ... do we know that new POPLA still costs the PPC £27 + VAT?

soton_25

Good question. I just kinda assumed... makes an !!! of U & ME

addie85

ok cool, so ill do my appeal tomorrow on the popla site, from what ive read its best to select the "other" options so I can attach my appeal as a single document.

Does the appeal look ok and ready to submit other than me altering the driver/keeper point of view wording?

Coupon-mad

Yes it will do as long as you put it right to read from you as driver (what a shame, what a waste of a slam dunk winning appeal point about the POFA!). Never mind.

You will get a chance to comment as well, when you get the evidence. Be ready to ask POPLA by email reply, to extend your time to comment when POPLA tell you they've got the evidence on the portal (because it's not actually on the portal! PP have to post it to you and that puts you at a disadvantage due to delay in the post - not actually PP's fault this time!).

Or maybe they won't contest it!