Premier Park Ltd - POPLA

Redx

in theory, if they can prove it was sent out with proof of postage by day 13 following the incident, it is "deemed to be delivered" 2 days later


so you could put them to strict proof of posting it promptly , but unl;ess you have the envelope with a posting mark indicating when the P.O. accepted it, then its harder fr you to prove they are wrong, as they hold all their own data


so if we assume that it was an incident date of 21/08 and the issue date is a day later on 22/8 , it seems reasonable to assume they posted it promptly and that it arrived by day 15 at its destination , in theory on the 24/8


anyone can say it took 3 weeks to arrive, but as a defendant or apellant its up to you to try to prove it , whereas for PPS its for them to prove their case that it was sent within the POFA timescale


you could SAR the dvla and ask when keeper details were obtained, we assume on the 22/8 , so its fair to say a judge may take the view that it arrived "in time" under POFA2012 (more probable than not)

Kandk

Thank you for your prompt reply Redx.

I’m a bit stuck as to what to do now. I don’t have the envelope and have no way of proving it arrived when it did.

Any ideas of what I can appeal to POPLA then?
As I stated in earlier posts, I did purchase a parking permit but it slipped off the dashboard!!

Should I stick with the out of time argument?
Or argue that I did pay for permit and that it was an ‘honest mistake’ and should be cancelled.

Please help!

Redx

POPLA do not consider "mitigation" , only legal arguments

if you check their website it clearly tells you this, so they will IGNORE all "explanations" and look for a legal reason to uphold or to dismiss the appeal

post #3 of the NEBIES faq sticky thread has various popla appeal points, including

NO LANDOWNER AUTHORITY
POOR AND INADEQUATE SIGNAGE
POFA2012 FAILURES
BPA CoP FAILURES

NTK FAILURES AND ERRORS
ANPR ISSUES
NOT THE SAME AS BEAVIS

etc

so by all means use a "kitchen sink" appeal on as many grounds as possible, put popla to strict proof from the PPC on the NTK posting date by alleging it came 3.5 weeks later

Kandk

I am seriously considering just paying the £60 although I seriously can not afford it. - purely because of this distress!

I am going away on 16/10 (not a holiday) and not back for few weeks so really do not want this hanging over my head whilst away

Kandk

Hi Redx,

I don’t feel that any of your points in CAPS from previous post apply to my situation

I also had another thought - I stayed at this B&B from 20th-22nd August and purchased a permit for the 20th and 21st.

I do not have the permit anymore as I threw it away but can I argue that I clearly did have a permit as I hadn’t been charged for the 20th August but have been charged on 21st August (as permit blew off)

I’m seriously clutching at straws now!

KeithP

Kandk wrote: »

I am going away on 16/10 (not a holiday) and not back for few weeks so really do not want this hanging over my head whilst away

The only way you stand any chance of resolving this before 16th October is to pay what they are asking.

Just for the record, that is not a suggestion or advice.

Your decision.