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Help with POPLA appeal

13

Comments

  • Kelrus
    Kelrus Posts: 14 Forumite
    No I have not spoken to PALS only appealed to ParkingEye and was rejected
  • Umkomaas
    Umkomaas Posts: 43,790 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Kelrus wrote: »
    No I have not spoken to PALS only appealed to ParkingEye and was rejected

    Get on to PALS at the hospital. Not guaranteed, but they have come up trumps in many hospital cases.
    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
  • Kelrus
    Kelrus Posts: 14 Forumite
    I still need to appeal to POPLA so if someone could read my drafted copy and give me some guidance on this would be very much appreciated
  • Umkomaas
    Umkomaas Posts: 43,790 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Kelrus wrote: »
    I still need to appeal to POPLA so if someone could read my drafted copy and give me some guidance on this would be very much appreciated

    A very cursory skim suggests 2 main issues - I didn’t go further as I think it needs a root and branch re-hash.

    1. It appears aimed at PE, not POPLA. Comments like this are not for POPLA.
    Consequently you are unable to invoke Keeper Liability under PoFA and must now continue any dialogue with the actual driver, if known.
    Your PCN is not in relation to parking .......
    c) PoFA requires you to specify the outstanding amount of the charge

    I don’t think I need to go on with examples, but you need to redirect your comments in your next draft.

    2. This is a go to checklist I use to assess POPLA appeals. You need to include a number of these (as appropriate), some of which have already written, ready made template appeal points to copy and paste (adjusted as appropriate to your individual case) accessible via the NEWBIES FAQ sticky, post #3.

    1. No keeper liability, including Notice to Keeper errors (PoFA 2012)
    2. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
    3. No Contract to manage parking
    4. No Locus Standi
    5. Signage
    6. Consumer Rights Act 2015
    7. BPA Code of Practice breaches
    8. Why Beavis doesn't apply in your parking event

    As KeithP says, just forget GPEOL.
    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
  • Kelrus
    Kelrus Posts: 14 Forumite
    Oh yes I understand thanks very much.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 November 2017 at 1:15AM
    Kelrus wrote: »
    I still need to appeal to POPLA so if someone could read my drafted copy and give me some guidance on this would be very much appreciated
    No, you must do the complaint first, you can't do it after. A POPLA code will keep for 30 days.

    If the complaint is unsuccessful within the next week or so and you are still within your 30 days (don't go past it!) as you have a Golden Ticket issued months too late, you win!
    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
  • Kelrus
    Kelrus Posts: 14 Forumite
    So complain to PALS first? I’m already 16 days in after PE rejection, I don’t want to miss the 30days.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    YES, appeal to PALS first. Seriously, its not a tricky instruction to follow
    Set a calendar reminder to submit your POPLA appeal in time if you dont get a response from PALS
  • Half_way
    Half_way Posts: 7,553 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    you still have time, complain to PALS but make sure you post your complaint here first so it can be checked
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Kelrus
    Kelrus Posts: 14 Forumite
    Thankyou all for your help, if I explain abit more maybe it will be easier to understand.
    The driver/drivers made several trips to the hospital car park over the 2 weeks in which the pcn was issued due to a heavily pregnant patient having complications in the pregnancy and had to go back every 2-3 days for appointments. The problem is not knowing what particular day it was due to the amount of time it was sent after the event. (5 months)
    On the pcn it states either not purchasing a ticket for parking or over staying the time, so they doesn’t help to recall as it is not specific.
    It could have been one of the following,
    •The driver did not park as there where no spaces and spent the time driving around looking and eventually left.
    • the driver paid for all visits and does not recall overstaying but if that was not the case it was not intended as all the other times visited were paid for. (I’m not sure if this point would be listened to if I complained to pals) which is why I thought going down the technical route with popla would be my best option.
    I still would complain to pals but would any of these points help me in anyway.
    Really appreciate all your help.
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