Begin Popla Appeal - Kay St Bolton

Umkomaas

Your rebuttal must be contained within 2,000 characters (not words), so it needs to be short, sharp and absolutely 'on point'. Forget long, leggy waffle, be very concise.

Submit it exactly as required by POPLA. You have 7 days, but effectively it's just 6 days, and the clock is already ticking, it cannot be paused.

Coupon-mad

I fear you will lose because you didn't upload your PDF. You had to make sure the little 'bin' icon appeared before submitting (NEWBIES thread tells you that).

You will lose and you will end up ignoring them.

Please don't ask about the next step, once it's lost at POPLA, given the shedloads of other threads exactly the same. Sit on your hands, you now have no chance at POPLA.

asmartguy

What a shame. I remember distinctively uploading the document and checking through it several times. The funny thing is ECP has responded anyway with a blanket appeal arguing against what they assumed I probably would have put in my appeal, then at the end they said no PDF was attached. Anyway I've emailed in my PDF now and responded briefly int the appeal box with a few points regarding the signs that ECP has photographed, stating that none of them actually display the penalty amount.

asmartguy

So it's been a whole month and my appeal still says in progress! Don't know if that's good or bad but do I keep quiet or should I bother them?

Umkomaas

Phone POPLA and ask for the current position. They've had computer problems of late.

Coupon-mad

asmartguy wrote: »

What a shame. I remember distinctively uploading the document and checking through it several times. The funny thing is ECP has responded anyway with a blanket appeal arguing against what they assumed I probably would have put in my appeal, then at the end they said no PDF was attached.

Anyway I've emailed in my PDF now and responded briefly int the appeal box with a few points regarding the signs that ECP has photographed, stating that none of them actually display the penalty amount.

An update for you: POPLA have form for IT glitch ''failed uploads'' at their end:

https://forums.moneysavingexpert.com/discussion/comment/75766554#Comment_75766554

Get complaining if they rejected this appeal and pretended there was no PDF!

This bears out why a flow chart doesn't work, IMHO! Too many variables.

asmartguy

Hey guys, so I forgot about my appeal as I never heard back. After receiving a letter from DRP today threatening court I was reminded of my sorrow so I logged unto Popla to check what actually happened. Turns out my appeal was actually successful on strange terms with the bellow comment:

"In this case, the driver is not known, so I must consider the Protection of Freedoms Act (PoFA) 2012, as the operator issued the Parking Charge Notice (PCN) to the keeper of the vehicle. The operator has provided me with a copy of the notice to keeper sent to the appellant. I have reviewed the notice to keeper against the relevant sections of PoFA 2012 and I am satisfied that it is compliant. The appellant has identified as the keeper; as such, I will be considering their liability for the PCN as the keeper. The operator has provided photographic evidence of the signage. The signs state: “Failure to comply with the following will result in the issue od a £100 parking charge notice (£60 if paid within 14 days of issue)” and “Display a valid ticket or permit clearly inside your windscreen”. The operator has provided Automatic Number Plate Recognition (ANPR) images of the vehicle, entering the car park at 09:09, and leaving at 09:28. They have remained in the car park for 18 minutes. While I appreciate that the operator has provided this information regarding the event, they have not provided any evidence that no payment was made by the appellant. The burden of proof lies with the operator to show that the PCN has been issued correctly. As the PCN was issued due to no valid pay and display was purchased, I would have expected data to show this. As such, I conclude that the PCN has not been issued correctly. Accordingly, I must allow this appeal. I acknowledge that the appellant has raised further grounds of appeal; however, as I have allowed the appeal for this reason, it is not necessary to respond to these points."

Great news! BUT why is ECP still chasing after me? Haven't the lost? Have I misunderstood the decision?

Thanks

Redx

DRPL are chasing you . not ECP

complain to the BPA and give them the popla number and copy in the popla decision, as ECP are in breach by getting DRPL to chase it up , which is also a breach of the GDPR in passing on your data with no reasonable cause

IGNORE drpl for now, they are powerless

Coupon-mad

The operator has provided Automatic Number Plate Recognition (ANPR) images of the vehicle, entering the car park at 09:09, and leaving at 09:28. They have remained in the car park for 18 minutes. While I appreciate that the operator has provided this information regarding the event, they have not provided any evidence that no payment was made by the appellant.

Hilarious - how stupid are ECP not to provide that!

Send a screenshot to stupid old DRP:

info@drpl.co.uk

Tell them to do one. YOU MUST QUOTE THEIR 'REF' FROM THEIR LETTER NOT THE PCN.

Also complain to Steve Clark at the BPA that ECP have shared data with debt collectors, when the case was won at POPLA. Drop them in it:

steve.c@britishparking.co.uk