Comments to 'evidence pack'?

Adam-and-the-ants

Hello there, i am going through a dispute with ECP, of which i am at the stage where i have gone through the popla process, and their latest move was to provide me with an evidence pack of which i have 7 days to respond to with any comments.

Im not completly sure what i sure be writing as my 'comments back'. Everything i wanted to say, was in my lengthy popla appeal that i sent over on their appeals page. Should i just repeat everything that i have said in my original popla appeal?? Do i have to comment back? I mean what happens if i dont, will that hinder my case?

I just dont understand what i should be writing back to them, as i have already outlined everything in my original popla appeal.

fisherjim

No you don't just reiterate your appeal, you go through their evidence pack and pull it apart.


For example, sometimes they show a plan of signage which is incorrect, or even of the wrong site. They may show signage that was photographed when installed but isn't there now. Are their timings correct are all their facts correct etc etc

Adam-and-the-ants

Yes everything is correct from what i can see. Without going to the site (which is over an hours journey) to confirm all pictures are correct, from looking at google street view & maps, everything looks completely correct. As well as the signed contract of landowner authority
The only grounds for comment i really feel i could make would be to do with the signage...the fact that the sign with the pcn £85, is not clear and is not in bold letters (similar to the beavis case).
But i dont feel like that is much of an argument :-/

waamo

Signage must be clear and prominent. I would certainly challenge it. It sounds like the signage fails Lord Dennings "Red hand rule".

Adam-and-the-ants

Thanks Wammo, will challange the signage for sure.
As for the landowner contract that they have sent me, how is it possible to rebut that this is actually the landowner. It is signed by (without mentioning which store) 'the store' ltd and then has a signature....how can i prove this is the landowner, or do i just take that as read? Just trying to figure out angles around this.

Coupon-mad

Maybe less scope with that WS than some.

Re the signs, are ECP's pictures old (check the dates) and did they fail to produce an aerial map or pics of clear entrance signs? Look for what's missing and attack it (you only have 2000 characters - not 2000 words - so keep it short).

If you lose, so what? No-one pays as you will find when you search this forum for the keywords: POPLA lost (hope you don't need to, but ECP sometimes do win at POPLA and no idiot pays)!

Adam-and-the-ants

Just wanted to send a quick note to let you all know how i got on with my appeal....it was successful
Thanks to you guys that helped and to this forum for the helpful info. Could never have done it by myself.
I want to post my successful appeal in the popla decisions....(will obviously block out sensitive info etc)...but they cant change their decision now can they, now its made??? Lol, just want to make sure this decision is final before i go ahead and post it....the last thing i would want is for that to go against me and have their decision revoked(!)

waamo

The decision is indeed final. Happy days.