POPLA appeal - help please as I need to respond to them by 27th December

lollyreddevil

Hi - new to this to please be kind!

I got a parking charge notice for an overstay from Civil Enforcement which I appealed due to mitigating circumstances (recent bereavement). My sister also got one for the same reason which she also appealed under the same conditions. Evidence provided in both cases was identical.

My appeal was successful and my parking charge notice was cancelled. My sisters was not however. Same evidence provided too, so confused by this.

We are now appealing my sisters with POPLA. She has not confirmed who the driver was and we are appealing based on the mitigating circumstances, and the fact they cancelled my charge but not hers for same reason.

We have 7 days to respond to CEs evidence which consists of photos of notices, layout of parking area, Beavis decision and copies of the notice sent to my sister.

We have accepted that we overstayed but again cited the mitigating circumstances and the fact my notice was cancelled for this reason but hers was not.

Do we have any hope or shall I give up the appeal now?

Thanks for your advice folks.
I have tried to find info about this on the newbies page, and in other forums, but there is so much info, it was too much and confused me - hence the question here.

KeithP

Without seeing the PoPLA appeal and CEL's response it is difficult to offer detailed guidance.

You need to study CEL's response and point out to PoPLA where they are clearly wrong.

Your sister also needs to point out any of the points she made in her appeal that they have failed to challenge.

Remember, you only have 2000 characters to respond and you cannot introduce new evidence.

It might help to re-read that part of post #3 of the NEWBIES FAQ sticky thread following:

AFTER SUBMITTING YOUR POPLA APPEAL:

lollyreddevil

Thank you I will take a look at that thread and will review CEL's response. I know they have stated she was the driver, but we have not confirmed who was driving, only that she is the keeper, which they know as they got the info from DVLA.

Umkomaas

I know they have stated she was the driver, but we have not confirmed who was driving,

Unless in her initial appeal she used statements like 'I parked ...' or 'I didn't see the signs ....'.

'I, Me, Myself' are dangerous words when used in an appeal to a private parking charge.

lollyreddevil

My point was that she didn't dispute the overstay, our argument was that I also received a PCN at the same car park at the same time but they cancelled mine based on mitigating circumstances. She appealed with the same circumstances but they didn't cancel hers.

I am writing to CE to try and understand this, seems a bit inconsistent. But I will also appeal via POPLA on the same basis.

Thanks for advice.

Redx

POPLA work on the basis of the evidence and legal appeal points being made, not a comparison to a cancelled pcn