Popla Appeal -pending comment

Coupon-mad

POPLA decisions are not binding on consumer appellants.

Search the forum for POPLA lost if you want to see how commonly people just sit on their hands after POPLA fail to make the right call.

But you have a winning point, assuming your POPLA appeal raised it:

Concentrate on #1 on your list, only.

That 100% wins the case if they've not provided any proof of landowner authority - as long as you listed it as an appeal point.

MistyZ

Going by your opening post, you did raise landowner authority in your original appeal.

Make sure you rebut this as clearly as possible, the way you phrase it is very important - don't give the assessor any wriggle room.

I found one example of a landowner rebuttal point in the 'POPLA Decisions' thread very easily. The way it is worded looks okay to me, though obviously it is for a different PPC:

"Landownership. Rebuttal presented nothing, so SMART has no title in this land and no BPA compliant landowner contact assigning rights to the charge and enforce in the courts in their own right. There is no evidence of compliance to BPA CoP para 7. SMART has not produced a full copy of the contemporaneous, signed and dated contract with the landowner, and therefore have not supplied any evidence showing that they are entitled to pursue these charges."

The appellant won on this point. I would probably put 'has not produced' in italics, just to hammer it home that bit more. You might well find an even clearer example to use.

keepsim

thanks all again

I will respond back with two points, hope it makes sense.

1. No Landowner Authority - In my appeal I questioned Euro Car Parks Limited’s authority from the landowner. Euro Car Parks has no title in this land and no BPA compliant landowner contact assigning rights to the charge and enforce in the courts in their own right. There is no evidence of compliance with BPA CoP para 7. Euro Car Parks 'has not produced' a full copy of the contemporaneous, signed and dated contract with the landowner, and therefore have not supplied any evidence showing that they are entitled to pursue these charges
2. Lack of signage - In my appeal I questioned the signs were not visible from a distance and the words are unreadable. Euro Car Parks supplied 4-5 pictures of the signboard, 2 with the camera zoomed in that a human can read, 3 zoomed out on which a human cannot read without standing next to it, not certainly when you are driving. Also, weather conditions should be taken into account, on the day of taking these pictures, it appears a bright sunny day and not gloomy December. Hence I still consider signs are not visible from a car seat before parking and the words are completely unreadable and incapable of forming a contract before the act of parking.

Coupon-mad

has not produced

should be in italics or underlined, not in inverted commas.

keepsim

Coupon-mad wrote: »

should be in italics or underlined, not in inverted commas.

Thanks, I have checked again popla's comment section does not allow font formatting i.e no underline italics etc.

Coupon-mad

OK go for capital letters for those words, which I think I recall work.

keepsim

Received decision but appeal is unsuccessful.


What options do i have, should i just ignore contacts from eurocarpark ?

What are the usual next steps i.e 1. Eurocarpark notice 2. Court notice 3. Debt collector ?

Can this affect my credit rating ? If u don't pay the penalty.

What value MP can add if i contact them ?

Redx

there is no "penalty" (unless this was a port , railway station or airport ?)

if it was a private car park, it was a pcn , an INVOICE

the next steps after an unsuccssful popla appeal are :-

pay up in full

OR

IGNORE debt collector letters (see post #4 of the NEWBIES thread)

wait for an LoC and/or MCOL to arrive in the post within 6 years of the event and action it or them as described in the NEWBIES FAQ sticky thread , post #2

its likely to be debt collector letters, followed by solicitor letters (or fake ones from the debt collector), and then an LoC and/or an MCOL ,in that order

afyer 6 years, it "times out"