POPLA appeal lost - evidence pack?

KeithP

CharlieTHX said:

Dear Grahame,

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Kind regards,

What's all that about?

Formal letters start Dear Sirs.

Formal letters end with Yours faithfully.

CharlieTHX

Redx said:

Having now seen more of your case I fail to see how you could have won at popla , you haven't provided any legal reason as to why you should have won at popla , even if you had seen the machine logs , their statement outlined the case as they saw it

Johnersh was correct in his reply , which may have won at popla if you had argued it that way ,but hopefully may win in court

You do not form a case at LBC , you do so at MCOL

I genuinely made three attempts to enter my registration which begins with an L but it wouldn't register so I stupidly gave up and put in the last three digits instead.  I would therefore have liked to have seen the logs for the exact machine that I was using but they were never made available to me, only apparently to POPLA.

Presumably I should just wait now and see if it goes to court.

Johnersh

Yes. And you should seek a direction from the court in the directions questionnaire that those materials are disclosed prior to the witness evidence being exchanged if they don't voluntarily supply it.  You should also have a log of any works/repairs done to the machine since you parked. 

There is no GDPR issue in a registration number - the details reveal no personal data and therefore in order to be meaningful you can ask for a log which is entirely unredacted.  The only thing you don't need is card details/payment data. 

Redx

CharlieTHX said:

Redx said:

Having now seen more of your case I fail to see how you could have won at popla , you haven't provided any legal reason as to why you should have won at popla , even if you had seen the machine logs , their statement outlined the case as they saw it

Johnersh was correct in his reply , which may have won at popla if you had argued it that way ,but hopefully may win in court

You do not form a case at LBC , you do so at MCOL

I genuinely made three attempts to enter my registration which begins with an L but it wouldn't register so I stupidly gave up and put in the last three digits instead.  I would therefore have liked to have seen the logs for the exact machine that I was using but they were never made available to me, only apparently to POPLA.

Presumably I should just wait now and see if it goes to court.

You would have been better off substituting the number 1 for the letter L , with the rest of the VRM intact , which comes under minor keying errors and you would probably have won

Coupon-mad

Three things:
(1)  Go back without the car, and film yourself trying to put in your reg.  Hopefully it won't take the L.
(2)  Send that evidence video with a complaint by email to the BPA, saying that you wish to complain about Premier Park, because you have proof that the L key does not work on that machine, and you were never shown the evidence pack, photos or payment logs provided to POPLA but you suspect they included payments made at a second machine, or were possibly falsified.
(3) email the POPLA complaints email (in their FAQs...)  and tell them you did not ever see any evidence, only the 'case summary'.  So you saw no photos, no landowner authority nor the 'payments log' that the Assessor talked about.  This is a procedural error and an issue with their portal which failed to show you the evidence POPLA could see, which is a basic failure with an ADR service and must be put right. You want the decision to be put on hold and for them to email you the payment list because it was either falsified or they included another machine in the list.

pould

The bottom line here is (I think) that I wouldn't be worried about a court case. The Parking Company have admitted in their correspondence to you and their POPLA evidence that they recognise you paid the correct fee for parking on the day in question. The question of the VRN is a trifling matter - you paid for parking as requested and any judge will consider the contract fulfilled.

CharlieTHX

A quick update on this.  I've now received the final reminder from Premier Park and in the standard letter it reads:- The reason we have issued the PCN to the vehicle is as follows: Whole period pf parking not paid for.

This simply isn't the case, the PCN was issued due to a keying error and PP in their evidence to POPLA confirm that there was no overstay as does the POPLA assessor in their decision summary.

I've amused myself with the idea of PP building a case around an overstay but I guess that's unlikely and they will at some point realise their error.

One quick question, although my visit was in a private capacity to visit an opticians to collect new glasses I was driving a commercial vehicle which is registered to our business address.  Will this disadvantage me in any way going forward should this go to court?

Thanks for your help.

Coupon-mad

Are they writing to you as an individual or will the Defendant be 'the company'?

nosferatu1001

Did you do the above actions? Simple yes or no. 
No, as this was not company business, and the claim cannot be against a company. 

CharlieTHX

I did do as above, unsurprisingly as it was some time after the event the machine was working correctly.  I have still however complained to POPLA and am awaiting a response.

Premier Park are writing to me directly by name but at the business address as that is where the vehicle is registered.  It's a self employed partnership not a LTD company.

I'm currently composing a letter to send to Boots Customer Care as that was the opticians in question which I will then edit slightly and also send to my MP.