Reply To POPLA CEL

Ammaa

Hi everyone, I haven beem reading a lot of information that is similar to my situation. At the moment, POPLA sent me a link to defend the information they received from Civil Enforcment. The information consist of the Signage, copy of the PCN and the Beavis case. They have also included distorted plates numbers of people who have supposedly made payment.
I have written my reply and will appreciate if it can be looked at for critic. Thank you


* Dear Sirs



Ref. POPLA appeal 
In response to the "evidence pack" submitted by Civil Enforcement

. I am writing that you consider the following in further support of my original POPLA appeal as submitted on xxxx
* Accordingly Civil Enforcement have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper
* The Notice to Keeper was merely a Reminder and not compliant with Protection of Freedoms Act 2012 (POFA) the NTK is not compliant because it has nothing on the back about the POFA of the Reminder which was the first letter received. ( I have attacked Blank page faced up to reflect as much of it as possible)
* The landowner contract is heavily redacted, and covers up much of the information about the definition of services, so this makes one wonder what they are hiding (dates and times of control? a 25 minute grace period at weekends? Who knows) and as such, it fails to comply with the BPA CoP para 7.'
The start date is more than 12 months ago and there is nothing to say the end date, or if the contract has been renewed, or continues into perpetuity
* Signage- Specifically mentioned in the BPA Code of Practice as the use of capital letters and mixing large and small font are also deemed unclear as far as signage is concerned Civil Enforcement have mixed this into their signs despite the fact they appear to be new and should match the requirements of the BPA CoP.

* Furthermore it simply would not be possible to read any signs whilst in a moving car, and certainly not have read them sufficiently to have be deemed to fully understand the T&C's to which it is alleged I agreed as the registered keeper of the vehicle. Civil Enforcement own 'evidence' photos show that a number of the signs are perpendicular to the flow of traffic,
* All of the plate numbers showing vehicles that paid, is untrue, there is no means to make payment. These are registered members of the Gym who have registered their plate numbers with the gym
* There is nothing to prove how close the car was parked to a sign

* The Charge is disproportionate and not a genuine pre-estimate of loss. The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner. In my case, the £100 charge you are asking for, far exceeds the cost to the landowner. I only overstayed for 12 minutes. I therefore feel the amount you are asking for, is excessive.
* Accordingly, this appeal must be allowed."

Coupon-mad

You only have 2000 characters (not words!) to comment to POPLA at this final stage and you can't attach things. No adding anything new.

Simply bullet points of comments on the lack of evidence & why you should win.

DO NOT talk about pre-estimate of loss, OMG nonono, that went out in 2015! That is guaranteed to have POPLA hitting the 'computer says no' button.

And eeek:

I only overstayed for 12 minutes

''I''????
Even though you are relying on the POFA and appealed as keeper, not talking about who was driving (we hope) if you comment like this, you would ruin that immediately by saying ''I''...

Ammaa

Please Can you send a link as to where I can read about templates for POPLA. I am new, so navigating through the site feels like a maze. Thanks

Ammaa

Where can i get such bullet points? Thanks

Coupon-mad

There is no template to comment to POPLA, you just comment on the evidence.

If you want to read the NEWBIES FAQS thread, you already know where that is (unless you are using this forum on a phone - STOP!) as you can see my signature under every post I make, telling everyone where to click.

Ammaa

Yes, I am. I will switch immediately

Ammaa

The 7 days give n for me to reply end today and I have seen more information I can work with. I notice a comment about sending a rebuttal after the seven days.
Pls is this ok, so I am able to do a bit more reading on the new Information I have

Coupon-mad

You can't send a rebuttal late.

I told you what to remove from your first draft. NO SAYING WHO WAS DRIVING.

Just put your short comments on the evidence, in on the POPLA portal.

Ammaa

When inwent to the thread, it felt like I can put in more. I will remove what you mentioned. However, I did not mention anything against the Beavis case which they sent as part on the evidence pack

Coupon-mad

No need to mention the Beavis case at all.

Redx

you mentioned a genuine pre estimate of loss in your comments above, which is dead after the BEAVIS case, so remove them

remove anything else that is not applicable from your comments in your rebuttal in post #1 as well


12 minutes comes under the BPA CoP clause #13 on grace periods, one before and one after


once you have adapted your popla rebuttal that you posted in post #1 , repost it below for further comments


make sure it has LESS THAN 2000 characters