Help needed drafting my CEL POPLA appeal!

jcooperengineer

Hi guys....

Looking forward to hearing your thoughts on this guys!

Thanks - J

jcooperengineer

Draft Popla Appeal for CEL PCN / NTK:


POPLA Ref: XXXXXXXXXX

Civil Enforcement Parking Charge Notice no: XXXXXXXXXXX

Redx

the menu needs a short bullet point 3) on signage , not war and peace like it is now


that same sub header should start off actual point 3) where war and peace is located


so short bullet point sub-headers in the menu


fleshed out by the actual points in the 4 appeal points

jcooperengineer

Thanks Redx, I'll amend that.

Guys, how about my comments 1) and 2) in post #1? Am I right in thinking that these aren't valid points and should be removed? or can I keep them in as they are?

Redx

if the postal NTK arrived 3 weeks (21 days) after the event then CEL failed POFA2012 timescale of it arriving by day 15 , never mind if they included the POFA2012 warning or not

so no keeper liability is point 1), based on POFA2012 failure

you had 28 days to appeal as keeper to CEL, even if it was less

CEL had up to 35 days to make a decision, which they rejected in a few days and issued a popla code - so what ? responding quickly is not relevant , 2 days , 10 days , 35 days , who cares ? we dont and neither will popla

the popla code is valid for about 33 days, but for safetys sake its 28 days

jcooperengineer

Thanks Redx !

Redx

if the NTK arrived within 14 days and also if it has the POFA2012 warning paragraph on it as detailed in POFA, then its POFA compliant, if they failed any or both then its not compliant

you study the timescale and wordings, you decide based on what you find

either its fully compliant, or its not, make your mind up (its like a woman being pregnant, either she is, or she isnt, no in between)

if the 3 weeks does not apply to the initial posting period, then I have no idea why you mentioned it and confused us all, if its in a template then its not about POFA


if you appealed a postal NTK, doesnt matter if you did it in 2 hours , 2 days, 2 weeks or 26 days, its irrelevant as long as it was within 28 days

jcooperengineer

Guys, could you confirm if this is a legitimate point to back up point 1) of my draft:


Thanks - J

nosferatu1001

No evidence is needed as none is presecribed under para 10.

jcooperengineer

Is there anything else you can guys think of to include in my appeal?

Thanks - J

Umkomaas

2)The operator has not shown that the individual who it is pursuing is in fact liable for the charge

They don't have to if they are pursuing the Keeper and their NtK is PoFA compliant.

3) The signs in this car park are not lit at night

If the parking event did take place during the hours of darkness, then this is relevant (but get your own photos with no flash to illuminate to show their unreadability/difficulty to spot). You should also get illuminated ones which are readable should you wish to challenge anything in the wording - this is the purported contract between the PPC and driver, so wording could be all-important.

If the parking event took place during daylight, the fact that there is no nighttime illumination is irrelevant.

I've not gone through all the blocks/walls of text in your prior posts, but can you get a grace period argument in?