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POPLA decision unsuccessful advice/help

135

Comments

  • AMK077
    AMK077 Posts: 20 Forumite
    Fifth Anniversary Combo Breaker
    I've acknowledged the claim. The issue date is: 19/10/2018. Thanks for your help.
  • AMK077
    AMK077 Posts: 20 Forumite
    Fifth Anniversary Combo Breaker
    Please can somebody point me in the right direction of what I need to include in the Defence Particulars? To recap, I paid for parking, but only entered the last three digits of my VRM. Many thanks.
  • Undisputed3001
    Undisputed3001 Posts: 44 Forumite
    edited 24 October 2018 at 3:39PM
    Remember NOT to submit defense on MCOL. You want to do what KeithP says above.

    Just search for VRM and there's several threads with same/similar issue to yours
    e.g.
    https://forums.moneysavingexpert.com/discussion/5882847/excel-pcn-ntk&highlight=vrm

    BTW, the link you posted identifies you (case number, car reg). You want to remove that immediately
  • AMK077
    AMK077 Posts: 20 Forumite
    Fifth Anniversary Combo Breaker
    I've searched through the forum for similar cases to mine, but I'm struggling with exactly what I need to include in my defence and what to focus on. Do they look at the POPLA appeal, or do I need to include this in my defence?
    I bought a ticket that covered the time my vehicle was in the car park, but for some reason only the last part of the VRM was recorded. The POPLA Assessor decision was Unsuccessful

    Decision Unsuccessful
    Assessor summary of operator case
    The operator issued a Parking Charge Notice (PCN) because the appellant did not purchase the appropriate parking time using the correct Vehicle Registration Mark (VRM), in breach of the terms and conditions of the signage.

    As The Deep, fisherjim and The Slithy Tove pointed out, there were some inconsistencies in the supporting rational for the decision:

    By remaining on the site in excess of the purchased parking time using the correct VRM, the appellant failed to comply with the terms and conditions of the site on this occasion. Therefore, I can only conclude that the PCN was issued correctly.

    Any help would be appreciated.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    The POPLA appeal has no bearing on your defence
    You put in your defence all applicable angles. Standing, keeper compliance, signage, etc.
  • Coupon-mad
    Coupon-mad Posts: 160,709 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I've searched through the forum for similar cases to mine, but I'm struggling with exactly what I need to include in my defence and what to focus on.
    There are loads of defences like this. Partial VRN is very common.

    What about the one where the machine had just '06' input from the numberplate, where he has been corresponding with some woman from the parking firm? No link...search...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • AMK077
    AMK077 Posts: 20 Forumite
    Fifth Anniversary Combo Breaker
    Thank you for your replies - I really appreciate it. I’ve read through the thread you mention, but couldn't see what to include in the defence - maybe I'm missing something. Should I be corresponding with somebody from the car park, or is this past that stage?

    Should I be focusing on the fact that I bought and paid for a ticket to cover the time I was in the car park so the parking company isn't out of pocket? I entered the last four digits of my VRM correctly, it was the first three digits I missed. If they had checked they could have matched it up.

    The whole thing is starting to get me down and making me feel ill. Would I have to attend court myself? I’ve never been good at this sort of thing.
  • Coupon-mad
    Coupon-mad Posts: 160,709 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes that's what goes into such defences, along with the usual other points.

    Try searching Jolley v Carmel VRN defence true which should show more results (SHOW RESULTS AS POSTS, NEVER 'THREADS').
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • AMK077
    AMK077 Posts: 20 Forumite
    Fifth Anniversary Combo Breaker
    I've put together a defence using examples found searching the forum. Is it ok to post it on here for advice?
  • Le_Kirk
    Le_Kirk Posts: 26,145 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    AMK077 wrote: »
    I've put together a defence using examples found searching the forum. Is it ok to post it on here for advice?
    Of course it is.
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