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Charge whilst broken down

1235

Comments

  • RAS83
    RAS83 Posts: 27 Forumite
    Now that's a constructive point well made, thank you.

    That wasn't difficult.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    And we are also 6 posts further on
    More time wasted to no constructive use, just some hurt feelings needing a cup of tea.
  • RAS83
    RAS83 Posts: 27 Forumite
    Enjoy your tea.
  • RAS83
    RAS83 Posts: 27 Forumite
    One last question before i submit my POPLA if you will.

    I cant see on the newbie thread post #3 or from the parking prankster page if you are entering your correct details when registering the appeal?

    Am i right in you tick the box that you are appealing on behalf of someone else and enter no details other than an email address? Or are names required?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The keeper submits the appeal.

    Not on behalf of anyone.

    The keeper supplies his name. What's the point of doing anything else, the PPC already knows the keepers name?

    You tick the box 'other', as stated in post #3 of the NEWBIES thread, and submit your appeal as a pdf attachment.
  • RAS83
    RAS83 Posts: 27 Forumite
    Thank you, and phone number needs to be correct? I'd rather them not have my number so fill with 1's as per parking prankster page.
  • Umkomaas
    Umkomaas Posts: 44,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    RAS83 wrote: »
    Thank you, and phone number needs to be correct? I'd rather them not have my number so fill with 1's as per parking prankster page.

    Having your phone number, or not, won't matter. Put any old number in there - Whipsnade Zoo, Tower of London, Buck House, ParkingEye - use your imagination.
    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
  • RAS83
    RAS83 Posts: 27 Forumite
    Hi all,

    I have recieved the evidence submission from Euro car parts.
    They have made no reference to that fact that i appealed on the grounds of frustration of contract. Is this because they dont have any evidence to dispute that?
    They have provided counter evidence for my other 3 appeal points but nothing for my frustration of contract point.

    Thanks for your help
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    RAS83 wrote: »
    Hi all,

    I have recieved the evidence submission from Euro car parts.
    They have made no reference to that fact that i appealed on the grounds of frustration of contract. Is this because they dont have any evidence to dispute that?
    They have provided counter evidence for my other 3 appeal points but nothing for my frustration of contract point.

    Thanks for your help

    Euro Car Parts??

    The first line of your PoPLA appeal states "Civil Enforcement Parking Charge Notice no ……"

    Anyway, you need to challenge everything that they got wrong.

    You need to tell PoPLA that all your points that the operator has failed to comment on are points that the operator is not objecting to.

    You must be concise as your response needs to fit in a 2,000 character box.
  • RAS83
    RAS83 Posts: 27 Forumite
    This is my response to their evidence which I will send today as it’s the last of the 7 days.

    Any comments or improvements welcome!

    Thanks all!

    To all concerned

    Upon reviewing the operator evidence, it is clear the operator has not objected to or provided any evidence at all to point 3 of the appeal regarding frustration of contract.

    The registered keeper of the vehicle clearly stated that there was a frustration of contract present due to the vehicle breaking down and there was no intention for the vehicle to be parked or any contract to be entered. This statement was confirmed with the inclusion of a AA recovery breakdown report for the vehicle.

    The operator has failed to acknowledge point 3, has failed to comment on or provide any evidence disputing point 3 and therefore is not objecting to the point.

    With this in mind it is abundantly clear that by not contesting point 3, the operator is agreeing that there was a frustration of contract present and therefore no contract exists between the operator and the registered keeper of the vehicle.

    I therefore continue to request that POPLA uphold my appeal and cancel this PCN.
This discussion has been closed.
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