POPLA Appeal - Spring Parking

Tank40

Coupon-mad said:

The fact the signs were unlit in the dark needs stating in your own words...and you need photos taken in the dark, and embed them into the appeal document like a story book with pictures, not uploading photos separately to POPLA.  IMHO that's too hard for the Assessor to jump around between uploads and attachments. 

Make it easy, a picture book appeal leading them to conclude the signs were impossible to see in the dark.

For my appeal on a NTK issued during the hours of darkness, I photographed the entrance signs from within the car to show that (in my case) the entrance signs weren't swept by the car headlights on entering.

MGar160

A question about all of the "own space" and primacy stuff.

Would this still apply to someone who was not part of the rental agreement? i.e. is the rental agreement and "peaceful enjoyment" only valid for the persons who are on the rental agreement?

Everything else I have read the keeper is arguing a right to use their space without permit, or not in a marked bay, etc.

D_P_Dance

As Red says, throw the sink at them, it costs them more to counter 20 points than one.  

Coupon-mad

POPLA appeals are not decided on primacy of contract though.  Defence/court cases are, but not POPLA.    Their Assessors need spoon feeding the easy stuff first.

For that reason I say put grace periods first and state there is no evidence the car was parked for more than 3 minutes which is momentary and not long enough for a driver to be expected to see and seek out and read unlit signs in the dark, and this is unreasonable and against the BPA CoP on grace periods, as this is a car park where parking is allowed so a MINIMUM 10 minute grace period would be reasonable.

I am not saying to exclude the primacy of contract/lease, as it may be enough to make Spring throw in the towel as your appeal will be too much like hard work!

MGar160

Right, I have finished the draft of my appeal to POPLA. If someone more experienced than I can have a skim through I would be very grateful.

There is a link below (it wouldn't let me post it directly), or I can paste the relevant bits in here if it's preferable.

hxxps://drive.google.com/file/d/15z_QezQGskYQc9esc5KLOx1yebJUyIKj/view

Thanks in advance.

Le_Kirk

Tried to make your link live but it does not work (error 404) just post the whole link but change https:// to hxxps://  with no spaces additions or deletions.

MGar160

Does this work?

hxxps://drive.google.com/file/d/15z_QezQGskYQc9esc5KLOx1yebJUyIKj/view

Le_Kirk

Your link made live for you and yes, it works: -
https://drive.google.com/file/d/15z_QezQGskYQc9esc5KLOx1yebJUyIKj/view

1505grandad

Grace Periods  -  you are quoting "BPA's Code of Practice (18.5) states that:-"

However this is the second OP where I have queried this CoP para number re Grace Periods.

I can now see that the OP's have been copying and pasting from this thread as per the Newbies:-

https://www.dropbox.com/s/p7ltb9rcr6zy7kn/Appeal_stage2_POPLA_ECP_draft5.pdf?dl=0

BUT:-

Para 18 deals with signs.

Para 13 deals with Grace Periods.

MGar160

Thanks, will change to reflect this.