POPLA APPEAL LOST despite strong rebuttals to desperate 80 page operator evidence

petere123

Title of thread changed to update.
Rest of the thread, and link to operator evidence pack below.

POPLA APPEAL LOST despite strong POINT BY POINT rebuttal of 80 pages of generic nonsense evidence pack and strong appeal letter.
Despite great advice here and many hours work.

Original appeal to operator (by default identified self as driver) was on medical grounds. Genuine, but ignored completely.

Appeal addressed 9 points, from signage, anpr, landowner authority etc.

"POPLA request for Comments on operator evidence" included; authority not proven, signage inadequate (eg photos 3 yrs old, not of this site, aerial view showing majority of signs at periphery, not central area) etc.

Whatever mistakes etc I may have made from having to dive into this new subject area, Assessor has allowed operator to do whatever they like, by cherry picking which of my points to assess or ignore.

POPLA ASSESSOR RESPONSE and MY REBUTTALS of desperate Operator evidence available.

Thanks folks. Your help greatly appreciated again; overstayed because of geuine, ongoing, unpredictable illness. Now exhausted from the hard yards of preparing proper appeal & rebuttal rather than be exploited. And on it goes ...


scribd.com/document/346041704/Parking-Eye-Generic-Nonsense-Evidence

hello folks,

Submitted detailed points on 4 pages to POPLA, based on technical/legal argument found here.
Medical evidence (unintended long sleep from anaemia/exhaustion) in 1st appeal did ID me as driver. I didn't bother referring to this evidence in POPLA appeal.

POPLA have now shared the generic nonsense submitted by parking operator .
Should I comment to point out the irrelevance of their "evidence" ?
POPLA letter states "Comments required"

Should i comment or leave it alone?. Got 7 days
Thanks for any advice !.

pould

Since we don't know what evidence the operator has shared, how can any of us tell you how to respond?

waamo

Yes you should refute the operators evidence. As above without seeing any of it that's as much advice anyone can give.

Umkomaas

You need to go through it point by point and rebut anything and everything that is disputed (and why it is disputed) and/or anything that is plainly wrong.

A catch-all generic statement like 'I dispute this parking company's evidence' will not do.

Please note that you cannot introduce new appeal points not already included in your original POPLA appeal.

petere123

Thanks folks, especially your response Umkomaas.

scribd.com/document/346041704/Parking-Eye-Generic-Nonsense-Evidence
Attached is Parking Eye "Evidence" for my POPLA appeal.
Might be helpful to someone, or you may want to comment, as I've been invited to 'provide comments' to POPLA.
Obviously a generic response, mainly proof of signage, statement on Anpr credibility etc, rather than addressing any of my 9 appeal points.

scribd.com/document/346041704/Parking-Eye-Generic-Nonsense-Evidence

80 page document, personal details removed.
50% is photos of signage, site layout etc

Fruitcake

petere123 wrote: »

Thanks folks, especially your response Umkomaas.

scribd.com/document/346041704/Parking-Eye-Generic-Nonsense-Evidence
Attached is Parking Eye "Evidence" for my POPLA appeal.
Might be helpful to someone, or you may want to comment, as I've been invited to 'provide comments' to POPLA.
Obviously a generic response, mainly proof of signage, statement on Anpr credibility etc, rather than addressing any of my 9 appeal points.

scribd.com/document/346041704/Parking-Eye-Generic-Nonsense-Evidence

80 page document, personal details removed.
50% is photos of signage, site layout etc

As above, you need to rubbish each and every point they make, and strengthen/re-iterate your original appeal points at the same time. In addition, if your original appeal points have not been addressed you should point out that since they have not been rebutted by parking lie, the assessor must conclude that your point is valid and therefore allow the appeal.

http://scribd.com/document/346041704/Parking-Eye-Generic-Nonsense-Evidence

A lot of that document appears blank when I try to view it.

We really need to know what you put in your initial appeal, what you put in you PoPLA appeal, and what parking lie have said in their rebuttal in order to comment. Since I can't see any of that information I can't help you. If others can see it they may be able to help.

petere123

RE: "point out that since they have not been rebutted by parking lie, the assessor must conclude that your point is valid"


Great, that's very helpful. Thanks Fruitcake

Coupon-mad

David Newman is not a 'Parking Administrator' for Welcome Break, he is a Business Development Manager - why would he sign with a different job title?:

https://uk.linkedin.com/in/dave-newman-453597109

In this case he signed as Business Development Manager so why would he change it:

https://forums.moneysavingexpert.com/discussion/comment/71485385#Comment_71485385

So who has really signed that so-called Witness Statement? It is in any case, overwritten/overlaid so as to be illegible.

The so-called Witness Statement fails to identify the vehicle nor even the date, let alone the parking event - it actually says the parking event was 'between 1st October 2016 to 31st March 2017'. What? WHAT?

None of the photos prove that they were taken on the Northbound side of this location nor even that these signs are at this location at all. Even if it is this location (who knows) the only dated photos are from 2014.

One photo provided by PE states that the tariff is £11 for 2 - 24 hours, whilst others conflict with that. Is POPLA supposed to guess which is right, where this location is, what the tariff is and which signs actually exist in 2017?

The photos later in the desperate 80 pages of generic 'evidence' purporting to add a pay-by-phone option are deliberately undated - why?

Finally, they have stated wrongly that ‘Evidence G’ shows ‘a system generated printout showing that the VRN does not appear on the date of the event’. Evidence G is nothing of the sort, it’s a blank (with no location nor date) white list look-up. This merely checks if a VRN is on an exempt list of staff vehicles - but where? For all I or the POPLA Assessor know this could be a search for my VRN at a Hotel in Scotland on Christmas Day 2014...a site code tells us nothing. This could be any Services or Hotel.

This enormous evidence pack is no evidence at all of the signage, nor authority from the landowner re THIS parking event, nor even any evidence at all that the VRN was looked up for the right day at the right location.

petere123

Thanks CouponMad; a huge help in addition to addressing their failure to address my 9 substantive points for appeal.

Coupon-mad

Email that to POPLA if it doesn't fit in the POPLA portal and ask them to confirm the Assessor will read your comments before making a decision.

The_Deep

They seem confused as to how much the parking costs. Some signs say 2-24 hours £12, some 2-6 hours £5.00 another 2-24 hours £11.

Also, that raft of T&Cs is surely unreadable. Count the words and measure the size of the print Do they honestly expect everyone who parks there to read it?


They seem to have shot themselves in the foot.