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POPLA - Golden Ticket

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Reue
Reue Posts: 569 Forumite
Parking Eye has spotted the driver on their ANPR but have taken almost 3 months to issue a NTK.

I believe this, plus the lack of any POFA statement on the NTK makes it a golden ticket.

My question is does the registered keeper throw the whole kitchen sink in the POPLA appeal, or just stick to the first 2 points?

Draft POPLA appeal here.

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's not clear, to me at least, whether this is related to any of your previous threads.

    If this is a continuation of another thread then please copy the above post onto the appropriate thread.

    Anyway, to answer your question... it depends on your attitude to risk. If you believe the one point is an absolutely certain win for the motorist, then why bother with any more. On the other hand, if the assessor misses your point (or you don't explain it well enough) your appeal is doomed to failure if no other points are offered.
  • Umkomaas
    Umkomaas Posts: 43,388 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My question is does the registered keeper throw the whole kitchen sink in the POPLA appeal, or just stick to the first 2 points?
    Your choice really, depends on your attitude to risk.

    In my view, given the dates you show in your appeal, you could go with the first two appeal points. We like to see single/duo appeal points only submitted as it shows the PPC you know precisely your rights. You do take a risk that the POPLA assessor is not a rookie and fully understands the PoFA requirements - there have been perverse decisions in the past and getting them put right is an uphill struggle.

    Adding the other appeal points does give you a degree of safety netting should the other two fall foul of the assessor.

    The suggestion of submitting just two appeal points is based on the driver not having been previously implied to PE, or the vehicle is not a leased/hired/company one.
    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
  • Reue
    Reue Posts: 569 Forumite
    KeithP wrote: »
    If this is a continuation of another thread then please copy the above post onto the appropriate thread.


    No this is not a continuation. Have edited OP to avoid confusion.

    Umkomaas wrote: »
    The suggestion of submitting just two appeal points is based on the driver not having been previously implied to PE, or the vehicle is not a leased/hired/company one.

    Driver has not not been implied, the RK has only responded once to Parking Eye using the newbies template. Private vehicle.
  • Reue
    Reue Posts: 569 Forumite
    edited 30 July 2018 at 4:50PM
    Thanks both, I guess its safest to go for the full POPLA appeal rather than just the first 2 points.
  • Umkomaas
    Umkomaas Posts: 43,388 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Reue wrote: »
    Thansk both, I guess its safest to go for the full POPLA appeal rather than just the first 2 points.

    With all the additional point thrown in, it could well see PE not contest it at POPLA, saving themselves ~£30 POPLA fee, and you any more hassle.
    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
  • Reue
    Reue Posts: 569 Forumite
    Thank you to all the regulars for their continued assistance on this forum. POPLA have emailed today to confirm Parking Eye have decided not to contest the appeal and so the PCN is cancelled.

    For reference incase anyone has a similar situation, here was my winning appeal: https://www.dropbox.com/s/pflqaamk3quvld1/POPLA%20Final.docx?dl=0
  • Umkomaas
    Umkomaas Posts: 43,388 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well done. :T. Exactly as predicted.

    PE knew they couldn't hold the keeper liable, yet chanced their arm hoping you didn't!
    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
  • Reue
    Reue Posts: 569 Forumite
    Umkomaas wrote: »
    Well done. :T. Exactly as predicted.

    PE knew they couldn't hold the keeper liable, yet chanced their arm hoping you didn't!


    Exactly. Still frustrating that I had to go through all that work for POPLA to defend a PCN which should have never been issued and Parkingeye can just walk away cost free.
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