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POPLA Doc Pack Rebuttal
greenbluegreen
Posts: 60 Forumite
Hi guys,
I am helping a friend disputing a PCN and we are at the comments (rebutal) stage.
PCN looks like this:
This Parking Charge Notice is issued to Vehicle Registration Mark:
for allegedly breaching the parking terms and conditions in the Privately Operated
Parking Area at:
The alleged Parking Event was detected and recorded by Automatic Number
Plate Recognition ＝ANPR≠ cameras at the site on: the reason for the alleged
parking contravention is: No payment
The Creditor is Total Parking Solutions Ltd
The terms and conditions, to which the driver agrees to be contractually bound upon
entering the car park, are clearly placed in prominent places throughout the site. As we
do not know both the name of the driver and a current address for service for the driver
and having reasonable cause that a contravention occurred through a breach of the car
park terms and conditions, the vehicle details were passed to the driver and Vehicle
Licensing Agency DVLA and your details were requested as the Registered Keeper on
the date of the event. Or the Registered Keeper has named you as the driver on the date
of the event.
WHAT YOU SHOULD DO NEXT – Either:
If you were the driver, pay the Parking Charge Notice. You have days from the
date of issue of this Notice to pay the discounted Charge of £ If the
charge is not paid within days of the Notice Issue Date, the full Charge will be
due at £ , payable no later than days from the date after that on which
this Parking Charge Notice was issued. Should the charge remain unpaid after
days, additional costs arising from debt recovery may be incurred.
Appeal against the Parking Charge Notice if you feel it was incorrectly issued. The
appeal must be received by us within days from the date of this Notice.
Notify us if you have sold/hired the vehicle prior to the date of the event or were
not the driver. Please provide us with a valid serviceable address by completing the
relevant section on the reverse of this Notice in order for us to transfer liability and
pass this notice on to the driver.
IMPORTANT NOTE: If, after 28 days beginning with the day after that on which
this Parking Charge Notice was served payment has not been made in full, or we
have not been provided with the name and a serviceable address for the driver/
hirer, under Schedule 4 of the Protection of Freedoms Act 2012, we do have the
right, subject to meeting the requirements of the Act, to recover from the
Registered Keeper the amount that remains outstanding. (Only applicable in
England and Wales). We have obtained the name and address of the registered
keeper of the vehicle from the DVLA for the purposes of enforcing this charge.
Such information has been provided in accordance with the Road Vehicles
(Registration and Licensing) Regulations 2002.
DATA PROTECTION: Photographic evidence and data is held on file in order to
enforce the parking contract and protect legitimate interests. The data is used for
the purpose of pursuing settlement of this parking charge notice.
You have the right to request the following relating to information we may hold
about you: Inform you how and why it is processed; give you Access to it; Rectify
inaccuracies; Delete it; Restrict our use; Transfer copies to third parties and Object
to our processing. Under data protection law we must verify your identity before
providing information and provide you with an explanation if we do not agree with
your request. For more information you can also see our full privacy notice at
privicy.totalparking.co.uk or hear the notice by telephoning 01536 428546 - Data
Protection Officer – . You have the right to complain to the
information Commissioner’s Office at
If you believe your data has been used inappropriately, you should notify us
immediately along with the Information Commissioner Office, Wycliffe House,
Water Lane, Wilmslow and DVLA Customer Service Manager, Swansea, SA7 0EE
For photographic evidence please visit . Methods
of Payment and details of the appeal/challenge procedure are set out at the
Here is what I've done so far:
Initial Appeal to get a POPLA code:
"Re PCN number:
I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and
I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:
- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.
- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.
Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future."
TPS's response to the above:
Thank you for your correspondence, the content of which have been noted.
Since your appeal appears to be vague template and giving no mitigating reasons for the beach of terms and conditions, we are limited with what we are able to respond. We duly enclose images of the vehicle and signage in situ (note the images of the signs are with date/time stamp of 2018 and 2017, can this help?).The reason for the PCN is clearly explained in our correspondence dated XX/XX/XXXX.
Unfortunately, after careful consideration your representation has been declined. It follows therefore, that the PCN was correctly issued and the discounted amount of £40 remains outstanding. You have now reached the end of our internal appeals procedure and you have a number of option:
Here they said (rephrasing here), 1) List driver 2) Pay within 14 days at the prevailing price of £40 by xx/xx/xxxx after this date it will be £70 and must be paid xx/xx/xxxx. 3) Make POPLA appeal , failing that price will again be £70 . 4) Do nothing - they'll send collectors.
Going through the evidence pack (mostly consisted of same photos they sent me on paper) I found one document titled: 'CASE SUMMARY anpr no payment(1)' - which couldn't be loaded at all (seems like its corrupt pdf), can this help?
POPLA Appeal:
I, the registered keeper of this vehicle, received a letter dated [XX/XX/XXXX] acting as a notice
to the registered keeper. My appeal to the operator – Total Parking Solutions Ltd – was
submitted and acknowledged on [XX/XX/XXXX] but subsequently rejected by a letter dated
[XX/XX/XXXX]. I contend that I, as the keeper, am not liable for the alleged parking charge and
wish to appeal against it on the following ground:
The operator has not shown that the individual who it is pursuing is in fact the driver who may have
been potentially liable for the charge
In cases with a keeper appellant, yet no POFA 'keeper liability' to rely upon, POPLA must first consider
whether they are confident that the Assessor knows who the driver is, based on the evidence received.
No presumption can be made about liability whatsoever. A vehicle can be driven by any person (with the
consent of the owner) as long as the driver is insured. There is no dispute that the driver was entitled to
drive the car and I can confirm that they were, but I am exercising my right not to name that person. In this case, no other party apart from an evidenced driver can be told to pay. As there has been no admission regarding who was driving, and no evidence has been produced, it has been held by POPLA on numerous occasions, that a parking charge cannot be enforced against a keeper without a valid NTK. As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4. This applies regardless of when the first appeal was made and regardless of whether a purported 'NTK' was served or not, because the fact remains I am only appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was
driving) can cause a keeper appellant to be deemed to be the liable party.
The burden of proof rests with the Operator to show that (as an individual) I have personally not complied with terms in place on the land and show that I am personally liable for their parking charge. They cannot. Furthermore, the vital matter of full compliance with the POFA was confirmed by parking law expert barrister, Henry Greenslade, the previous POPLA Lead Adjudicator, in 2015.
Understanding keeper liability
'There appears to be continuing misunderstanding about Schedule 4. Provided certain conditions are
strictly complied with, it provides for recovery of unpaid parking charges from the keeper of the vehicle.
There is no 'reasonable presumption' in law that the registered keeper of a vehicle is the driver.
Operators should never suggest anything of the sort. Further, a failure by the recipient of a notice issued under Schedule 4 to name the driver, does not of itself mean that the recipient has accepted that they were the driver at the material time. Unlike, for example, a Notice of Intended Prosecution where details of the driver of a vehicle must be supplied when requested by the police, pursuant to Section 172 of the Road Traffic Act 1988, a keeper sent a Schedule 4 notice has no legal obligation to name the driver. [...] If {POFA 2012 Schedule 4 is} not complied with then keeper liability does not generally pass.'Therefore, no lawful right exists to pursue unpaid parking charges from myself as keeper of the vehicle, where an operator cannot transfer the liability for the charge using the POFA. This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA
Assessor Carly Law found:
''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.''
I've been re-reading Newbies thread multiple times but I could only find outdated (apologies if I'm wrong), rebuttal information that I can adapt to his case.
Now I'll keep on looking and try and find something to use and redact to fit his case, but I thought this might be useful to someone else (and hopefully ends good). Any ideas will be really helpful guys, great comunnity!
UPDATE:
Operator Information and Evidence
Submitted 08/11/2019
Verification Code
XXXXXXXXXXXX
Operator NameTotal Parking Solutions - EW
Operator Case Summary
The Terms and Conditions of parking at this location are clearly displayed at the entrance and throughout the car park. It is the vehicle driver responsibility to ensure that when parking on private property they do so in accordance with the Terms and Conditions in force at the particular location. The vehicle in question was observed by our Automatic Number Plate Recognition system for no payment which was in contravention of the car parks Terms and Conditions of use.
Please provide your comments on the operator evidence.
You have 7 days from the operator evidence submission date - 08/11/2019. You will not have opportunity to edit or add further detail once you have submitted your comments.
Many thanks,
green
I am helping a friend disputing a PCN and we are at the comments (rebutal) stage.
PCN looks like this:
This Parking Charge Notice is issued to Vehicle Registration Mark:
for allegedly breaching the parking terms and conditions in the Privately Operated
Parking Area at:
The alleged Parking Event was detected and recorded by Automatic Number
Plate Recognition ＝ANPR≠ cameras at the site on: the reason for the alleged
parking contravention is: No payment
The Creditor is Total Parking Solutions Ltd
The terms and conditions, to which the driver agrees to be contractually bound upon
entering the car park, are clearly placed in prominent places throughout the site. As we
do not know both the name of the driver and a current address for service for the driver
and having reasonable cause that a contravention occurred through a breach of the car
park terms and conditions, the vehicle details were passed to the driver and Vehicle
Licensing Agency DVLA and your details were requested as the Registered Keeper on
the date of the event. Or the Registered Keeper has named you as the driver on the date
of the event.
WHAT YOU SHOULD DO NEXT – Either:
If you were the driver, pay the Parking Charge Notice. You have days from the
date of issue of this Notice to pay the discounted Charge of £ If the
charge is not paid within days of the Notice Issue Date, the full Charge will be
due at £ , payable no later than days from the date after that on which
this Parking Charge Notice was issued. Should the charge remain unpaid after
days, additional costs arising from debt recovery may be incurred.
Appeal against the Parking Charge Notice if you feel it was incorrectly issued. The
appeal must be received by us within days from the date of this Notice.
Notify us if you have sold/hired the vehicle prior to the date of the event or were
not the driver. Please provide us with a valid serviceable address by completing the
relevant section on the reverse of this Notice in order for us to transfer liability and
pass this notice on to the driver.
IMPORTANT NOTE: If, after 28 days beginning with the day after that on which
this Parking Charge Notice was served payment has not been made in full, or we
have not been provided with the name and a serviceable address for the driver/
hirer, under Schedule 4 of the Protection of Freedoms Act 2012, we do have the
right, subject to meeting the requirements of the Act, to recover from the
Registered Keeper the amount that remains outstanding. (Only applicable in
England and Wales). We have obtained the name and address of the registered
keeper of the vehicle from the DVLA for the purposes of enforcing this charge.
Such information has been provided in accordance with the Road Vehicles
(Registration and Licensing) Regulations 2002.
DATA PROTECTION: Photographic evidence and data is held on file in order to
enforce the parking contract and protect legitimate interests. The data is used for
the purpose of pursuing settlement of this parking charge notice.
You have the right to request the following relating to information we may hold
about you: Inform you how and why it is processed; give you Access to it; Rectify
inaccuracies; Delete it; Restrict our use; Transfer copies to third parties and Object
to our processing. Under data protection law we must verify your identity before
providing information and provide you with an explanation if we do not agree with
your request. For more information you can also see our full privacy notice at
privicy.totalparking.co.uk or hear the notice by telephoning 01536 428546 - Data
Protection Officer – . You have the right to complain to the
information Commissioner’s Office at
If you believe your data has been used inappropriately, you should notify us
immediately along with the Information Commissioner Office, Wycliffe House,
Water Lane, Wilmslow and DVLA Customer Service Manager, Swansea, SA7 0EE
For photographic evidence please visit . Methods
of Payment and details of the appeal/challenge procedure are set out at the
Here is what I've done so far:
Initial Appeal to get a POPLA code:
"Re PCN number:
I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and
I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:
- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.
- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.
Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future."
TPS's response to the above:
Thank you for your correspondence, the content of which have been noted.
Since your appeal appears to be vague template and giving no mitigating reasons for the beach of terms and conditions, we are limited with what we are able to respond. We duly enclose images of the vehicle and signage in situ (note the images of the signs are with date/time stamp of 2018 and 2017, can this help?).The reason for the PCN is clearly explained in our correspondence dated XX/XX/XXXX.
Unfortunately, after careful consideration your representation has been declined. It follows therefore, that the PCN was correctly issued and the discounted amount of £40 remains outstanding. You have now reached the end of our internal appeals procedure and you have a number of option:
Here they said (rephrasing here), 1) List driver 2) Pay within 14 days at the prevailing price of £40 by xx/xx/xxxx after this date it will be £70 and must be paid xx/xx/xxxx. 3) Make POPLA appeal , failing that price will again be £70 . 4) Do nothing - they'll send collectors.
Going through the evidence pack (mostly consisted of same photos they sent me on paper) I found one document titled: 'CASE SUMMARY anpr no payment(1)' - which couldn't be loaded at all (seems like its corrupt pdf), can this help?
POPLA Appeal:
I, the registered keeper of this vehicle, received a letter dated [XX/XX/XXXX] acting as a notice
to the registered keeper. My appeal to the operator – Total Parking Solutions Ltd – was
submitted and acknowledged on [XX/XX/XXXX] but subsequently rejected by a letter dated
[XX/XX/XXXX]. I contend that I, as the keeper, am not liable for the alleged parking charge and
wish to appeal against it on the following ground:
The operator has not shown that the individual who it is pursuing is in fact the driver who may have
been potentially liable for the charge
In cases with a keeper appellant, yet no POFA 'keeper liability' to rely upon, POPLA must first consider
whether they are confident that the Assessor knows who the driver is, based on the evidence received.
No presumption can be made about liability whatsoever. A vehicle can be driven by any person (with the
consent of the owner) as long as the driver is insured. There is no dispute that the driver was entitled to
drive the car and I can confirm that they were, but I am exercising my right not to name that person. In this case, no other party apart from an evidenced driver can be told to pay. As there has been no admission regarding who was driving, and no evidence has been produced, it has been held by POPLA on numerous occasions, that a parking charge cannot be enforced against a keeper without a valid NTK. As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4. This applies regardless of when the first appeal was made and regardless of whether a purported 'NTK' was served or not, because the fact remains I am only appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was
driving) can cause a keeper appellant to be deemed to be the liable party.
The burden of proof rests with the Operator to show that (as an individual) I have personally not complied with terms in place on the land and show that I am personally liable for their parking charge. They cannot. Furthermore, the vital matter of full compliance with the POFA was confirmed by parking law expert barrister, Henry Greenslade, the previous POPLA Lead Adjudicator, in 2015.
Understanding keeper liability
'There appears to be continuing misunderstanding about Schedule 4. Provided certain conditions are
strictly complied with, it provides for recovery of unpaid parking charges from the keeper of the vehicle.
There is no 'reasonable presumption' in law that the registered keeper of a vehicle is the driver.
Operators should never suggest anything of the sort. Further, a failure by the recipient of a notice issued under Schedule 4 to name the driver, does not of itself mean that the recipient has accepted that they were the driver at the material time. Unlike, for example, a Notice of Intended Prosecution where details of the driver of a vehicle must be supplied when requested by the police, pursuant to Section 172 of the Road Traffic Act 1988, a keeper sent a Schedule 4 notice has no legal obligation to name the driver. [...] If {POFA 2012 Schedule 4 is} not complied with then keeper liability does not generally pass.'Therefore, no lawful right exists to pursue unpaid parking charges from myself as keeper of the vehicle, where an operator cannot transfer the liability for the charge using the POFA. This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA
Assessor Carly Law found:
''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.''
I've been re-reading Newbies thread multiple times but I could only find outdated (apologies if I'm wrong), rebuttal information that I can adapt to his case.
Now I'll keep on looking and try and find something to use and redact to fit his case, but I thought this might be useful to someone else (and hopefully ends good). Any ideas will be really helpful guys, great comunnity!
UPDATE:
Operator Information and Evidence
Submitted 08/11/2019
Verification Code
XXXXXXXXXXXX
Operator NameTotal Parking Solutions - EW
Operator Case Summary
The Terms and Conditions of parking at this location are clearly displayed at the entrance and throughout the car park. It is the vehicle driver responsibility to ensure that when parking on private property they do so in accordance with the Terms and Conditions in force at the particular location. The vehicle in question was observed by our Automatic Number Plate Recognition system for no payment which was in contravention of the car parks Terms and Conditions of use.
Please provide your comments on the operator evidence.
You have 7 days from the operator evidence submission date - 08/11/2019. You will not have opportunity to edit or add further detail once you have submitted your comments.
Many thanks,
green
0
Comments
-
It's very nice of you to help your friend. I'm confused though (it doesn't take much!). Has a POPLA appeal actually been sent? It rather sounds as if you've posted a POPLA appeal in progress. If that is the case you (or rather your friend) are at the POPLA stage, not the POPLA rebuttal stage.
If I'm right, what were the circumstances of the alleged infringement, what is the alleged infringement? When was it and when was the Notice to Keeper received? Did the NTK mention PoFA? Was this a hire car?
POPLA appeals are covered in the Newbies' thread, with links to examples of key sections to adapt as necessary. But to help, we need more information. As I think you realise, the POPLA appeal must be sent by the Registered Keeper, in their name, even if they've had help.0 -
[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, it can cause the scammer extra costs and work.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]You never know how far you can go until you go too far.0 -
I missed the last bit of the POPLA , now updated at the end of my original post
It's the 'Operator Evidence' stage, so there is until Friday to submit my comments
Please provide your comments on the operator evidence.
You have 7 days from the operator evidence submission date - 08/11/2019. You will not have opportunity to edit or add further detail once you have submitted your comments.
No hire car, No payment, Pay to park site
Yes, the keeper of the car submitted POPLA appeal with the code provided, just to confirm again we're at 'Operator Information and Evidence' stage
Chronologically here is what happened and when:
1) PCN Received - Issue Date of Notice: 27/09 ; Contravention date: 20/09/2019
2) Appeal to TPS 28/09 sumbitted
3) TPS Responded with POPLA code - 02/10
4) Evidence and Information submitted to POPLA 22/10
5) Operator Information and Evidence (POPLA) 08/11
Now this is pending our comments. Hope this clear things up (I appreaciate its not an easy formatting I've put in the original post, apologies)0 -
It's very nice of you to help your friend. I'm confused though (it doesn't take much!). Has a POPLA appeal actually been sent? It rather sounds as if you've posted a POPLA appeal in progress. If that is the case you (or rather your friend) are at the POPLA stage, not the POPLA rebuttal stage.
If I'm right, what were the circumstances of the alleged infringement, what is the alleged infringement? When was it and when was the Notice to Keeper received? Did the NTK mention PoFA? Was this a hire car?
POPLA appeals are covered in the Newbies' thread, with links to examples of key sections to adapt as necessary. But to help, we need more information. As I think you realise, the POPLA appeal must be sent by the Registered Keeper, in their name, even if they've had help.
Updated the orginal post and also posted what happened when chronologically.
One of their evidence documents stating the following:
This is a ‘pay to park’ car park and payment must be made for
the entire duration of the stay. Please see ‘proof of no
payment’ document for the vehicle in question. This
document also shows payments made by other vehicles on the
date and time in question.
The driver states we have not complied with POFA and given
him the chance as the keeper to name the driver. Please see
‘appeal reply’ document where number 1 of the options states
‘1. If you were not the driver, provide the driver full name and
serviceable address within 28 days of the date of this
correspondence.’ This information was also on the Parking
Charge Notice to the keeper of the vehicle in question.
PCN had a print saying:
IMPORTANT NOTE: If, after 28 days beginning with the day after that on which
this Parking Charge Notice was served payment has not been made in full, or we
have not been provided with the name and a serviceable address for the driver/
hirer, under Schedule 4 of the Protection of Freedoms Act 2012, we do have the
right, subject to meeting the requirements of the Act, to recover from the
Registered Keeper the amount that remains outstanding. (Only applicable in
England and Wales). We have obtained the name and address of the registered
keeper of the vehicle from the DVLA for the purposes of enforcing this charge.
Such information has been provided in accordance with the Road Vehicles
(Registration and Licensing) Regulations 2002.
Note that they refered the keper as a driver (in bold) in one of their evidence documents. This is incorrect as we never revealed who was the driver. Could this be used?0 -
Hey guys,
I am nowhere near to start the rebuttal process, I'm really stuck and I was hoping for some pointers.
This is literally all of Operator Information:
"Operator NameTotal Parking Solutions - EW
Operator Case Summary
The Terms and Conditions of parking at this location are clearly displayed at the entrance and throughout the car park. It is the vehicle driver responsibility to ensure that when parking on private property they do so in accordance with the Terms and Conditions in force at the particular location. The vehicle in question was observed by our Automatic Number Plate Recognition system for no payment which was in contravention of the car parks Terms and Conditions of use.
Please provide your comments on the operator evidence.
You have 7 days from the operator evidence submission date - 08/11/2019. You will not have opportunity to edit or add further detail once you have submitted your comments."
I am reading some users here are sucesfull when they point no contract with the landlord provided and this indeed is my case. The evidence pack only contains my paper corespondence digitally and also number of photos taken of signages. Is there something that I can give you more as details for you to be able to respond better? Many thanks guys!0 -
Although POPLA do not make it sufficiently clear, their clock starts ticking from the day that the evidence is made available on their website i.e. 8/11/19 was Day 1. This means that Day 7 is today 14/11/19.0
-
You must get your comments filed by midnight tonight - or you lose.0
-
study this one and use it where possible in your own case, as your rebuttal needs to focus on the same issues, but adapt it to the PPC involved TPS, not Parking Eye
https://forums.moneysavingexpert.com/discussion/6068874/parkingeye-popla-rebuttal-help
2000 characters is the limit (characters, not words)0 -
study this one and use it where possible in your own case, as your rebuttal needs to focus on the same issues, but adapt it to the PPC involved TPS, not Parking Eye
https://forums.moneysavingexpert.com/discussion/6068874/parkingeye-popla-rebuttal-help
2000 characters is the limit (characters, not words)
This looks as close as our case as possible.
Gutted I didn't include contract with landlord in my original appeal. They didn't include on in their evidence pack, but I never objected that in my appeal
As the clock is ticking, I am doubtful this will have happy end but its better to put something in the comments, rather than absolute nothing.
Thanks again for everyone who spent their time to help us out!0 -
add a note about the lack of a valid contract to your rebuttal then
omissions are good , so check for omissions as well as submissions0
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