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Help needed drafting my CEL POPLA appeal!

2

Comments

  • jcooperengineer
    jcooperengineer Posts: 33 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    edited 13 December 2018 at 11:30AM
    Thanks Umkomaas.

    So now I have to remove point 2 as well.
  • Umkomaas
    Umkomaas Posts: 44,400 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So now I have to remove point 2 as well.
    I think I'd leave it in, because it is factually correct (notwithstanding the Keeper Liability point) and see how CEL respond to it. I've seen POPLA uphold appeals on that point in isolation. It's far from a slam dunk, but worth a punt. It's a bit different to arguing their NtK is not PoFA compliant, when it can clearly be proved it is, where putting that argument forward would be totally counterproductive.

    The more you give CEL to deal with in a POPLA appeal, the more they might decide it's not worth the hassle of dealing with it and they don't contest it - you win.

    Their real business model, beyond those who supinely pay up on demand, is issuing court proceedings to either turn the screws tight enough to extract a far greater amount than they are lawfully entitled to, or to achieve default judgments against ignorers or those who have moved address and are blissfully unaware of any court case against them.

    Refusal of a mortgage or a loan as a result of a credit trashing because of the above, soon brings the recalcitrant to heel .... and back into CEL's clutches.
    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
  • jcooperengineer
    jcooperengineer Posts: 33 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    edited 13 December 2018 at 11:30AM
    Thanks mate, really appreciate the help.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    popla codes last 33 days, so I would aim at by friday 1600 myself


    typical popla appeal points are as follows


    NO LANDOWNER CONTRACT
    POFA2012 FAILURES
    THE PERSON PURSUED IS NOT LIABLE (the keeper was not the driver)
    BPA CoP failures
    GRACE PERIODS
    POOR & INADEQUATE & POORLY LIT SIGNAGE
    NOT THE SAME AS THE BEAVIS CASE
    ANPR ACCURACY


    etc
  • jcooperengineer
    jcooperengineer Posts: 33 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    edited 13 December 2018 at 11:30AM
    Interesting

    Cheers - J
  • Umkomaas
    Umkomaas Posts: 44,400 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    the still photos are way too blurry to make out the number plates yet they somehow managed to provide zoomed in shots of the plates,
    They are nothing but computerised representations. Standard across most ANPR systems in the private parking game.
    Are there any good words on ANPR accuracy in these forums that I can use please?
    Like almost anything you need to know on this forum, a targeted search on keywords will find it for you. You already have identified the keywords 'ANPR accuracy'. Follow the below to take you to appropriate appeal point suggestions.

    HOW TO USE THE FORUM SEARCH FUNCTION:

    Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.
    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
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
  • jcooperengineer
    jcooperengineer Posts: 33 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    edited 13 December 2018 at 11:30AM
    Cheers guys
    Thanks - J
  • Le_Kirk
    Le_Kirk Posts: 26,327 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Try this, second hit on Auntie Google!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    2) Do I include my supporting photos within my PDF upload to POPLA, or shall I upload them individually and separate to the PDF text?

    Thanks - J


    you "include my supporting photos within my PDF upload to POPLA"
This discussion has been closed.
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