Multiple PCNs at POPLA stage

Umkomaas

You are on the right lines in terms of rebutting the glaring gaps in the NCP evidence. Go with the arguments you've listed above. But be aware, you only have 2,000 characters (not words) to play with, so brevity will be key. If you are struggling with getting every point addressed, you're going to have to prioritise.

In any event, don't go anywhere near 7 or 8 (if there are other machines within 2 metres), but definitely hit hard on 9 (whether it's new evidence or not), it's clearly a hidden term in a contract that puts the consumer at a disadvantage.

nosferatu1001

go hard on the contratc not being signed or dated
It is not evidence of a valid contract existing, as an unsigned undated contratc isnt a contract at all.
POPLA has no choice but to uphold the appeal on that basis alone.

Castle

All NCP's car parks with London Underground are subject to TFL Byelaws, so POFA doesn't apply.

FalconA

Thank you, Everyone! All comments noted. I'm sure I will struggle with 2000 character limit ;-)

FalconA

POPLA has rejected 4 of my appeals. In one they said I didn't submit the document (which I double checked I did but can't really prove that).

In three others, it doesn't look like they even looked at the evidence. They accepted the operators evidence which is outdated and not from this site!!! saying the signs in the car park are compliant (which they are clearly not), and that the operator submitted site map of the signs (which they didn't or at least it wasn't showing on the system when I looked at their evidence). They also said the driver stayed there for 2hrs x minutes, where the driver was there for over 2 hours. For the other two rejections they basically copied the same rejection text again quoting the time driver spent there was 2hrs x minutes while the driver was there for over 8 hrs.

That's so unfair but I have no strength to fight it, already having an emotional breakdown. I'm just going to pay, can't afford bailiffs running after me :-(

KeithP

Bailiffs won't be coming - guaranteed.

Please do nothing hastily.

A PoPLA decision is not binding on the motorist, meaning that you still do not have to pay anybody anything.

Le_Kirk

Reiterate what Keith has said, take the weekend, cup of tea (or something stronger if that is your bag) and look at it with fresh unemotional eyes on Monday morning.

FalconA

Thanks, Guys. I do feel better.

In this case I admitted who was the driver so they were able to establish who the motorist was and decided there was a valid contract between them and the driver...

What's the worse case scenario if I do nothing now?

Le_Kirk

POPLA decisions are not binding on the motorist so the next step is not yours but the PPC who will have to issue a small claim but they must send you a LBA/LBC/LBCC before that. Take time now to look at NEWBIE sticky post # 2. Also check that the car park is not under bye-laws as suggested in post # 14.

Coupon-mad

FalconA wrote: »

What's the worse case scenario if I do nothing now?

At worst, you will get a court claim...and will be able to have a fair hearing this time.

No risk, no CCJ and no huge costs or anything bad. And we win 99% of claims cases.

What's not to like, it will be 'scam over' and you certainly DO NOT pay this until a Judge tells you to. Read other NCP Gladstones claims threads, honestly it's defendable.