Need to find a winning POPLA appeal Initial Parking

flossykazzie

I obviously edited it to fit the circumstances in my situation, but would like opinions before submitting it.

flossykazzie

I have finally managed to edit and reword the Registered Keeper, removing I,

flossykazzie

Can I get opinions on whether it is good enough to submit please. I have also made a complaint to Steve Double. 

Scrapit

flossykazzie said:

Can I get opinions on whether it is good enough to submit please. I have also made a complaint to Steve Double. 

Split infinitives upset people greatly here. They will need some recovery time before responding.
You should see what happens when star trek comes on telly.
To boldy go...

Fruitcake

Unless the alleged event occurred last year, you are still using the wrong version of the BPA CoP.

You need this one from January of this year.

https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2020_v8(2).pdf

Beware using copy and paste without proof reading. In my post about contract signatories I said the word "you"  because that is who I was advising. You need to change it to I because that is who is making the appeal. 

You need to tidy up your numbering as you have several Point 1s in there.

You need to emphasize how inadequate the signage is, especially the one with hundreds of small words giving the Ts and Cs. That alone would take several minutes to read and probably more than the ridiculous five minutes that the CoP allows. 
The template Inadequate Signage point in the NEWBIES is much longer than the version you have used.

Commas would suit this paragraph better than lines that look like the capital letter I.

"l Locate a sign indicating entrance l Locate a sign containing the terms and conditions l Read the full terms and conditions in the darkness l Decipher the confusing information being presented l Decide not to park and therefore not entering into a contract l Return to car and safely leave the car park."

You need a separate point for frustration of contract, (having to change a wheel then queue to leave.) If you have a receipt or bank/card statement for buying a replacement tyre shortly after the event, include a copy.

Have a look at Jopson vs Homeguard

http://nebula.wsimg.com/f6d657adf7df70d27e1dd285688b5701?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

Here the judge said where he referred to stopping versus parking in paragraph 20, 

" ... and perhaps coping with some vicissitude of short duration, such as changing a wheel in the event of a puncture."

In addition, this case mentioned here when Parking Lie used to scam at Fistral beach might be useful. Ignore the comments about no genuine pre-estimate of loss as it is no longer relevant. The bit about driving round whilst waiting for a space is relevant in that it shows the scammers can only issue a PCN for time parked, not time driving around, or in your case queueing to get out. 

http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

flossykazzie

Fruitcake, I will do as you say and go through it again and tidy it up.
Scrapit, I have taken note about split infinitives, I did read the NEWBIES section and didn't come across anything that advised you against using split inifinitives, so I am more than sorry for using, I would like to apologise to everybody if I have caused upset, it really was not mean't.   

Scrapit

flossykazzie said:

Fruitcake, I will do as you say and go through it again and tidy it up.
Scrapit, I have taken note about split infinitives, I did read the NEWBIES section and didn't come across anything that advised you against using split inifinitives, so I am more than sorry for using, I would like to apologise to everybody if I have caused upset, it really was not mean't.   

I wouldnt worry, its popla that you are trying to win over, not the posters here. Pretty sure I left it on my appeal

Fruitcake

I have been going back and added a few more things to my previous post, so have another look at it before you make any changes.

flossykazzie

Hi Fruitcake
Thank you very much, I have gone and had a look at the Signage in the NEWBIES section, yes it is very long indeed, so shall I copy and paste that in and use that version. Also the Frustration of Contract is slightly confusing me on the fact that then you are admitting that you did enter into a contract with them, or is that not correct? 

Coupon-mad

I have gone and had a look at the Signage in the NEWBIES section, yes it is very long indeed, so shall I copy and paste that in and use that version.

The idea is you use the long wording and add your own photos of the signs (NOT CLOSE UP) - in fact, proof of lack of visible signs - to it.