Delivery driver exceeding PE max stay for free

Ralph-y

the 2000 characters can be exceeded by the use of a PDF ....


please have a read through the newbies thread ..... so as to pre pair you for court.


Ralph:cool:

MistyZ

Did you complain to the landowner and all the businesses you delivered to?

If not, although it's a little later than is ideal, do that ASAP. ABP can cancel this charge. If you complained and got fobbed off, do so again.

This must be a well-structured and comprehensive email. Detail the exact circumstances though go careful when mentioning avoiding getting soaked, I'm sure you were much more concerned for the packages than for yourself. List all the businesses you delivered to plus reasons for any delays such as heavy items / unavoidable delays in completing the handovers.

Explain why signage was missed and the pressure that you were under without sounding self-pitying. Compare the charge clearly to your hourly rate. Assure the landowner that this will not happen again.

Strongly request that they cancel the charge. Such places cannot function without people like you.

Coupon-mad

Be_LL wrote: »

I used Jopson case and similarities between them and ours. Recently popla seems limited to up to 2000 characters you can't make long stories in there.

You only needed to search the NEWBIES thread for '2000' to know this is not something that we adhere to, hence why our example POPLA appeals are dozen pages long, sometimes. We don't write them for fun then bin/cull them!

Anyway, POPLA don't understand case law like the Jopson appeal, but a Judge would pay regard to it, given the similarities, if you use it in your defence.

Be_LL

Good read thanks for link. I'll take a bit of rest and wait for LBCCC to come through post for now.
I've been in contact, back in the day before popla, with landowner and they replied fortunately. Should i give them an update and persuade them to follow it up with PE in the mean time? :money:

Coupon-mad

Yes it is worth a try.

Be_LL

Hi all!. Little update. I got my Letter before Court actions about 2 weeks ago. They gave me some 30 days to respond/pay.
I've been in contact with the land owner, they were kind of helpful unfortunately pesky PE refused to drop their demands and cancel blaming on me i appealed popla... Land owner said they can't help further.

'Unfortunately,! this charge cannot be cancelled as the motorist appealed further to POPLA and POPLA won'

Now I'm looking into getting in court . Loads of time wasted so far already questioning myself if was worthed to refuse paying the £60 stealing fee at the beginning

Coupon-mad

This is why the NEWBIES thread says complain FIRST, before POPLA. Most are a cinch for the retailer/landowner to cancel, pre-POPLA.

You would have had no LBC and no court case possibility. You do realise that if they push harder, the landowner CAN get PE to cancel?

MistyZ

Coupon-mad wrote: »

You do realise that if they push harder, the landowner CAN get PE to cancel?

And that is what you should do, push the landowner to push harder. A brass neck may be required to make yet another, much more determined approach. But, for heaven's sake - you were just - doing - your - job.


There's increasing awareness about delivery drivers' working conditions. Looks like delivering goods is the least of it & now fighting unfair parking charges can be added to the list. I'm not sure how you'd add that into your complaint, though some statistics from that day, or a typical day, if you have them, might give the landowner pause for thought.

nosferatu1001

They should ask PE to cancel.
This shows the landholder has no wish for this to contiune. and you can turn that against PE.

Be_LL

I couldn't push too much the landowner. They own the land and site, i was delivering to their lessees. I'm pretty much anywhere with any of them, I'm like a fourth party to a third party. I contacted the landowner from beginning and they said 'will follow with PE'. Not sure if they did or not before POPLA so i tried again after POPLA when i got a crystal clear answer PE refused to cancel. I will use this in an eventual Court Claim. I emailed enforcement with my clear intention to dispute in Court if they feel like and gave them my reasons. I'm waiting for their response or letter...