Can you check if this appeal is adequate please?

HappyUser

Hello!


Can you check my appeal here if it is okay to submit please?


https://pastebin.com/e8P3KEeg


Also can you check the photographic evidence here, is it adequate?
Would it be better to annotate the images explaining the ground of the appeal?


https://unsee.cc/4010d4b1/



Thanks!

KeithP

Is this a continuation of the saga started on your earlier thread?

If so, then please copy the above post as a reply onto that thread.

Having done that perhaps replace the text above with something like "Duplicate thread - please ignore".

HappyUser

KeithP wrote: »

Is this a continuation of the saga started on your earlier thread?

If so, then please copy the above post as a reply onto that thread.

Having done that perhaps replace the text above with something like "Duplicate thread - please ignore".

No, it is not associated with any other post or thread.

KeithP

HappyUser wrote: »

No, it is not associated with any other post or thread.

That is almost unbelievable.

Less than two weeks ago you were creating a PoPLA appeal for Britannia, and now you are creating another one.
What an amazing coincidence.

Can you please update your other thread on progress with that incident?



Anyway, back to this incident... it is impossible to comment on what I presume is a PoPLA appeal, without any background information.

HappyUser

What background? I thought you it is being said here it's copy/paste.

KeithP

HappyUser wrote: »

I thought you it is being said here it's copy/paste.

I don't think so.

PoPLA appeals are bespoke.

Fruitcake

You haven't told us any of the history behind this PoPLA appeal, how it came about, where it was, what the keeper did afterwards etcetera.


Your appeal starts by mentioning something about 26 days which is completely irrelevant. I have no idea where you got that from.

If you are trying to say the NTK was non PoFA compliant, or was never received, you need to quote the relevant parts of the PoFA that they have failed, and need to include it as an appeal point.

You refer to Schedule 4 para 9, but then mention a NTD, so para 8 is relevant, not para 9.

You later refer to a NTK, but previously state one was never received.

Do railway byelaws apply since this is a station car park? If so, not relevant land should be point 1.

The signage is inadequate. The charge is not prominent and thus dissimilar to Beavis.

HappyUser

Fruitcake wrote: »

You haven't told us any of the history behind this PoPLA appeal, how it came about, where it was, what the keeper did afterwards etcetera.

Your appeal starts by mentioning something about 26 days which is completely irrelevant. I have no idea where you got that from.


Isn't the 26 days that they need to send a NtK to the registered address? Nothing has been sent. What do I need to copy/paste here?


If you are trying to say the NTK was non PoFA compliant, or was never received, you need to quote the relevant parts of the PoFA that they have failed, and need to include it as an appeal point.


A letter NtK was never delivered but a PCN was attached on the windscreen. How do I present that exactly?

The PCN does not have any photos of the car etc, that's what I am trying to say with the NtK not being proper.
What do I need to copy/paste here?



You refer to Schedule 4 para 9, but then mention a NTD, so para 8 is relevant, not para 9.
What is that and what do I need to say?


You later refer to a NTK, but previously state one was never received.
Yes, the PCN was not proper, it didn't have photos of the car.


Do railway byelaws apply since this is a station car park? If so, not relevant land should be point 1.
I am not sure if railway byelaws apply as it is not exactly part of the train station, but few meters close to it. What should I say?


The signage is inadequate. The charge is not prominent and thus dissimilar to Beavis.
What should I say then?

I need to see the text that I need to mention, I cannot derive it de novo.

Fruitcake

Originally Posted by Fruitcake
You haven't told us any of the history behind this PoPLA appeal, how it came about, where it was, what the keeper did afterwards etcetera.

Your appeal starts by mentioning something about 26 days which is completely irrelevant. I have no idea where you got that from.


Isn't the 26 days that they need to send a NtK to the registered address? Nothing has been sent. What do I need to copy/paste here?

No.
If a NTD was left, the NTK must arrive between day 28 and 56 for keeper liability to apply.
If there was no NTD then the NTK must arrive by day 14.

The date of the alleged event is day zero. There is no mention of 26 days in the PoFA.


If you are trying to say the NTK was non PoFA compliant, or was never received, you need to quote the relevant parts of the PoFA that they have failed, and need to include it as an appeal point.


A letter NtK was never delivered but a PCN was attached on the windscreen. How do I present that exactly?


See above.


The PCN does not have any photos of the car etc, that's what I am trying to say with the NtK not being proper.
What do I need to copy/paste here?

But according to you, there was no NTK.

You refer to Schedule 4 para 9, but then mention a NTD, so para 8 is relevant, not para 9.

What is that and what do I need to say?

You need to read and understand the PoFA, linked from the NEWBIES. You need to clarify whether there was a NTD or not, and therefore clarify which part of the PoFA applies.

You later refer to a NTK, but previously state one was never received.

Yes, the PCN was not proper, it didn't have photos of the car.

As above. Was there a NTD or not? Was there a NTK or not? You need to read and understand the difference between the two and clarify which you received and/or didn't receive.

This is why we NEED the background to your case. You contradict yourself by saying there was no NTK then later say there was a NTK. How do you expect us to help and comment if you don't tell us?


Do railway byelaws apply since this is a station car park? If so, not relevant land should be point 1.
I am not sure if railway byelaws apply as it is not exactly part of the train station, but few meters close to it. What should I say?

You need to find out who owns the car park. Find out if it is a railway asset. Does it belong to the train operating company (TOC) or Network Rail?

The signage is inadequate. The charge is not prominent and thus dissimilar to Beavis.

What should I say then?

Look at the Inadequate Signage template point in post 3 of the NEWBIES. Compare the Beavis signs with the signs at this location and the requirements of the BPA CoP. Point out how they are dissimilar and fail to meet the require criteria of the BPA and the Supreme Court decision.

HappyUser

1) What is NTD? There was only a PCN in a yellow envelop attached to the windscreen. Is that what you mean by NTD?


There was no NTK.


The sticky thread does not mention anything about 'notice to driver' or 'NTD'.


2) There is no way I can find out who owns the land. I asked the council and they told me to ask the land register which wants me to pay to provide that info.

KeithP

HappyUser wrote: »

2) There is no way I can find out who owns the land. I asked the council and they told me to ask the land register which wants me to pay to provide that info.

No way?? That is an exaggeration.

You are right, H.M.Land Registry will charge £3.00.

My local council has a spreadsheet on their website listing all the properties that attract Non-Domestic Rates, and says who pays those NDRs.