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Help with POPLA appeal

Please I need some advice, I have never appealed to POPLA before.
Parking ticket from parking eye though the post 5 months after alleged offence, appealed as registered keeper on the grounds of breech of POFA 2012 schedule 4, which was rejected. I know there are plenty of threads on here and I have read many but my questions are:
1) if I appeal to popla what are my chances of winning the appeal based on the pofa 2012 point?
2) is there any other points I can use to help my case?
3) are there any templates I can follow that match a similar case as mine?

I know these questions have probably been answered many of times! But any help would be appreciated!
All new to me...even these forums!
Thanks
«134

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    1) Pretty much certain
    2) Usual standing, signage, amount not being a core price term but lead with no complaince
    3) Have you checked the newbies thread?
  • Kelrus
    Kelrus Posts: 14 Forumite
    Thankyou, what did you mean when you say lead with no compliance?
    I have read the newbies thread, there was so much information I didn’t know if any was related to my case, but I will read again, thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    read post #3 of the NEWBIES sticky thread regarding POPLA appeals

    it applies to ALL CASES , including yours

    ALL means ALL

    so draft a popla appeal and post it on here for critique
  • jon_joe
    jon_joe Posts: 20 Forumite
    How is it possible that it's pretty much certain to succeed on the basis of this breach. I hope you are correct, but surely by now Parking Eye know how to do this correctly? I hope not, but I have to ask.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    PE seem to have taken their eye of the ball in the last few months yet still send out non-POFA2012 ntk letters, hoping to blag extra cash

    so although they do know how to do it , recently they have failed miserably yet still try it on
  • jon_joe
    jon_joe Posts: 20 Forumite
    Hi Redx,


    Sorry to harp on this, but I'm trying to learn from all this stuff and apply it my own sorry situation.


    So to clarify: the breech of POFA 2012 is when the PCN paper does not have a paragraph about keeper liability after 29 days? Or if it didn't arrive within 14 days of the car being parked.


    My car was parked on 16th Oct. PCN arrived on Nov 1st. I thought they had 14 working days. Is it working days or 14 DAYS?


    Thanks
  • Umkomaas
    Umkomaas Posts: 43,790 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My car was parked on 16th Oct. PCN arrived on Nov 1st. I thought they had 14 working days. Is it working days or 14 DAYS?
    It’s 14 actual days (including weekends) starting on the day following the day of the parking contravention. And it has to arrive in that timescale, not just be dated or posted within that timescale - arrive within it!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 November 2017 at 6:30PM
    jon_joe wrote: »
    How is it possible that it's pretty much certain to succeed on the basis of this breach. I hope you are correct, but surely by now Parking Eye know how to do this correctly? I hope not, but I have to ask.

    PE seem to have had a glitch with data in early Summer, and usually didn't send out PCNs at all in lots of cases, till October. I've seen one, a colleague got one about a nonsense charge dated May, but the PCN arrived in October.

    A keeper can't lose the POPLA appeal - simply because the keeper cannot be held liable.

    That is, IF you have a Golden Ticket. But you are not the OP of this thread, and your dates are not certain to show a non-POFA PCN (not to the extent that POPLA need it proved).

    Does your PCN have the POFA wording on the back? If so, it is NOT a non-POFA PCN.

    Kelrus is the thread starter here and Kelrus has a Golden Ticket and cannot lose, unless they blab about the driver!
    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
  • jon_joe
    jon_joe Posts: 20 Forumite
    Hi & thanks,
    the date on the PCN is 21st Oct. ie car was parked on 16th Oct. P.E. PCN dated 21st Oct. Arrived Nov 1st. But I guess they will say it was posted well within this 14 days time. It wasn't recorded so how do I make this case? The post is sometimes really slow. I know that.
  • jon_joe
    jon_joe Posts: 20 Forumite
    "Does your PCN have the POFA wording on the back? If so, it is NOT a non-POFA PCN."

    I need to check this out
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