POPLA Appeal - Please help!

Danni_T59

Hiya

Hoping someone can help! I received no NTK until almost a month after the alleged parking breach which was at a petrol station. I appealed to ECP asking them for proof the car was parked there not just in the vicinity and proof of the NTK being served and they simply rejected the appeal.

Going through a POPLA appeal now and wrote a pretty lengthy appeal, ECP have come back with their evidence and have sent a copy of a NTK which was supposedly sent on xmas day! I absolutely don't believe it was sent then, I never received it and highly doubt anyone was in the office on that day for it to even be possible...also I don't see why they wouldn't have provided that when I appealed to them! or how they could possibly have any proof of postage for then.

Just wondering if anyone has any tips for how to proceed with my appeal! any help would be really appreciated! Thanks Danni

Coupon-mad

I think say what you said in your middle paragraph above, in the comments to POPLA on the Portal.

Also add a line saying the photos of signs are (undated or have old dates)* and there is no aerial photograph (if true) because ECP's photo evidence is usually old/undated, can be ripped into, saying to POPLA that it's no evidence of the signs on site on the material day, therefore no contract can be assumed.

And a line pointing out if they've not shown landowner authority (IF YOUR APPEAL HAD THAT POINT).

And add there is no evidence that the car was not just getting petrol, at the petrol station (not parked).



*delete as applicable

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Danni_T59

Thanks all for your replies!

In my appeal I stated the NTK hadn't been issued until a month later and said that this was undisputed by ECP when I appealed directly to them even though this had been my main appeal point.

I questioned the accuracy of using ANPR to ticket people, particularly because at the time they hadn't provided any photographic evidence of the vehicle being there at that point, but also stated that as it is at a petrol station where you may use the services such as car wash etc proof of an entry and exit time isn't enough to assume the car was parked for the duration.

I also pointed out the failings in the signage at the location and basically said that a contract couldn't be formed as because of the location of the signs (entrance one hidden behind the "IN" sign and other signs placed well away from where you would park) and that they were placed so high and with such small text as to be illegible. The whole set up at the petrol station seems to be perfectly set up to trap you into getting a ticket.

I just think its outrageous that these companies can get away with it and having seen the documents they have submitted as evidence against my appeal which seem to have appeared out of thin air I feel I'm fighting a losing battle! It just doesn't seem right! Can I take it further if the POPLA appeal doesn't succeed?

Thanks

Coupon-mad

Can I take it further if the POPLA appeal doesn't succeed?

You just ignore them. Complain to your MP and Trading Standards though!

KeithP

Danni_T59, haven't you been given an opportunity to challenge ECP's evidence?

nosferatu1001

So you need to be clear

I presume from your first post that you are at the "comments" stage of POPLA, i.e. you:
1) Submitted your appeal
2) Operator submitted their response and evidence and now
3) POPLA have asked you for any comments

Is that correct?

Assuming so, then obviously you respond stating that not withstanding no NtK was ever received, meaning they have not met teh requirements of POFA to hodl the keeeper liable and that your statement to this effect rebuts any presumption of service, in addition you doubt the NtK entered the postal system on the 25th december and in any case could not have been delivered until at least the 28th at the earliest. You also note that this mysterious NtK only appears now, ECP took no chance to dispute that a NtK was never served at the appeal, and this further discredits their supposed "evidence".

BUt shorter. Bullet points.

Danni_T59

Hi all!
yes at the POPLA comment stage where I can comment on the evidence provided by ECP. Going to write it now and will let you know how I get on! Thanks again!

Umkomaas

Danni_T59 wrote: »

Hi all!
yes at the POPLA comment stage where I can comment on the evidence provided by ECP. Going to write it now and will let you know how I get on! Thanks again!

Don't forget, you've only 2,000 characters to play with, so no long-winded sentences/paragraphs, rather short bullet points linked to the assertions made in the PPC's evidence pack.

Note - you cannot introduce new appeal points or evidence not already submitted via you main POPLA appeal.

Utilise the POPLA web portal to send your rebuttal, do not send it via email as POPLA have been known to ignore email rebuttals.