ParkWatch - Parking Charge Notice

Umkomaas

Rocky27 wrote: »

Thanks.

So, I am confused what the point is in taking hours writing out complicated legal letters. If I lose, I can ignore the hysterical pay up or else letters? why not just ignore from now on?

Obviously if a court summons arrives that shouldn't be ignored :-)

You can get it killed off at POPLA. Failing to appeal to POPLA leaves you vulnerable to a county court claim at any time for the next six years. If you want that uncertainty hanging over you until 2022, not sure if a claim is tucked into every brown envelope that drops through your letter box, then ok - ignore away, but never ignore a county court claim.

And if you think that appealing to POPLA will take 'hours writing out complicated legal letters', just wait and see what a county court claim will demand of your time.

The reality with POPLA appeals is that almost all you need is already written here on the forum. I've pointed you in the directions you need to follow, then it's simply a case of a bit of research to understand the issues, then copy and paste from other recent appeals (carefully proofreading to ensure anything you've copied and pasted makes sense and is relevant to your situation), then post your draft here for critique and fine tuning.

Rocky27

Umkomaas wrote: »

You can get it killed off at POPLA. Failing to appeal to POPLA leaves you vulnerable to a county court claim at any time for the next six years. If you want that uncertainty hanging over you until 2022, not sure if a claim is tucked into every brown envelope that drops through your letter box, then ok - ignore away, but never ignore a county court claim.

And if you think that appealing to POPLA will take 'hours writing out complicated legal letters', just wait and see what a county court claim will demand of your time.

The reality with POPLA appeals is that almost all you need is already written here on the forum. I've pointed you in the directions you need to follow, then it's simply a case of a bit of research to understand the issues, then copy and paste from other recent appeals (carefully proofreading to ensure anything you've copied and pasted makes sense and is relevant to your situation), then post your draft here for critique and fine tuning.

Cheers, appreciate your assistance

Coupon-mad

Rocky27 wrote: »

Thanks.

So, I am confused what the point is in taking hours writing out complicated legal letters. If I lose, I can ignore the hysterical pay up or else letters? why not just ignore from now on? Obviously if a court summons arrives that shouldn't be ignored :-)

There is no letter to write. No forms, all online and you submit a PDF appeal, once it's done. We'll help.

Some cribbing, copy/pasting from another recent example is needed. It is best to get it cancelled which is why we make a real effort at POPLA appeals.

Fruitcake

Have a look at the most recent successful wins in the POPLA Decisions Sticky thread, and pick the bits that are relevant to your case. Post up your composite draft here for the regulars to check over.

You should be looking for things like,

Not the landowner
No standing to bring charges in their name,
Inadequate signage,
Non-POFA 2012 compliant NTK
ANPR inaccuracy

plus any other relevant appeal points you can find.

Rocky27

I have had a reply from POPLA and ParkWatch have submitted their evidence.

It's 13 pages worth and includes a customer licence agreement they have with the apparent land owner (can I check this somewhere?) and is dated November 2014 and signed.
They have copies of the warning signs and have used a X to highlight them on the photo's, although the signs could still state anything as you cannot see what's on them at all.

Rocky27

Also forgot to mention (eek) this is a lease car...

barba

I'm currently doing a lease car appeal to popla based on this thread which includes a response

https://forums.moneysavingexpert.com/discussion/5406915

Coupon-mad

Rocky27 wrote: »

Also forgot to mention (eek) this is a lease car...

Did your girlfriend state that in her appeal and did she say the operator didn't comply with Schedule 4?

You (your gf the appellant) needs to submit some bullet point comments based on all the omissions in evidence you see (DO NOT write it like a fresh appeal or state your appeal or POPLA will chuck it out and say 'you can't add further appeal info').

Head it clearly 'comments on the evidence pack - POPLA code xxxxxxxxxx' and only point out stuff your gf covered in her appeal (as keeper/hirer) but you could sneak in that Schedule 4 hasn't been complied with and cite paragraphs 13 and 14.

See barba's thread for what to look for, also Edna Basher's successful POPLA case reported today cites the Act:

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

Just be careful not to over-egg the pudding at comments stage. POPLA will not read/consider a whole new load of appeal wording but if your gf can sneak things into some short punchy paragraphs/bullet points as 'comments' then she should do that.

Rocky27

Success!

POPLA has dismissed ParkWatch's evidence and ruled in our favour.

Thanks so much for everyone's input, hugely appreciated!

Fruitcake

Rocky27 wrote: »

Success!

POPLA has dismissed ParkWatch's evidence and ruled in our favour.

Thanks so much for everyone's input, hugely appreciated!

Well done.

Please post the assessor's decision in the POPLA Decisions sticky thread for others so others can benefit from this.