I received a PCN for my work hire vehicle.

Coupon-mad

You will know from the better POPLA appeal examples that they are full of embedded photos in a single document.  Not uploaded to POPLA separately or that makes the Assessor have to do some work...they are not legally trained people and you want to give them a storybook with pictures.

Redx

It was the driver that noticed the signage , the use of the word I will trip you up

As Keeper you have checked the location since the PCN arrived and have noticed the following sign is obstructed by the tree branch (embed picture of sign into the pdf)

I hoped you would have understood that words matter , especially now when you are going away from templates

johnryder84

Just an update, I had received a reply to my complaint to BPA, they claim there is "no evidence of a breach of point" and that I should just select something as close to my appeal reason as possible, which I did.
Meanwhile I am currently off from work due to my youngest being very ill and hospitalised but since I have been off I have received another pcn for the same carpark for a following month I had parked there. I have no issue in regards to sorting it out but I did notice the same member of staff who dealt with my previous PCN had yet again forwarded the PCN to my manager and left it to him to inform me which didn't happen until 15 days after receiving the PCN, still not acknowledging POFA.The date the PCN was issued to the transport department the 30 days they give to pay has passed and I have only found the email this evening. 

Anyway, I am still typing up my POPLA appeal which I am hoping to send off by tomorrow. When I appeal the second PCN, if it goes to POPLA appeal do I just send the POPLA appeal I am writing now, obviously with the dates changed etc? 

Thanks for all your help. 

Redx

yes, follow all those same procedures, even if nobody else does

any NTH comes to you from the parking company, it is those dates you work to, it is that rejection and popla code where you appeal as hirer or as lesee , as day to day keeper

any win at popla is on the technicalities and not identifying the driver, no proof of who was driving, no I (so ambiguous)

johnryder84

Thanks Red, I am only using "I" for this conversation.

I am again reading the Newbies 3rd post about POPLA, just to confirm I am reading the right sections that are relevant to me:
"signage" 
"The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge"?. 

Sorry I just want to make sure I am reading the correct posts. Thanks

Redx

signage is always in a popla appeal

no landowner authority , always

the keeper has not been identified as the driver

the claimant has failed to comply with POFA because...........

the relevant CoP compliance (or non compliance) , only 1 of the 2 CoP`s applies

you are best to look at previous winning popla appeals from hirers and lessees, you will see several appeal points in them , including all of the above, although the actual winning point should be non compliance with POFA or driver not identified (or both) , NTH failure and no hire documents are common

Coupon-mad

If this is a POPLA appeal about a Hirer, then copy one from POPLA Decisions that won, that is about a Notice to Hirer and the lack of enclosures.

NEVER READ THE POPLA DECISIONS THREAD FROM THE START, IT'S ANCIENT!  READ FROM THE END, BACKWARDS, TILL YOU FIND ONE.

Uptown_Boy

johnryder84 said:

Thanks Red, I am only using "I" for this conversation.

Is your forum name in any way related to your real name? (And perhaps also your year of birth). If yes then you should be aware that some PPCs read this forum trying to find people who trip themselves up, and if what I've asked is true then it won't be difficult for them to join the dots.

johnryder84

Uptown_Boy said:

johnryder84 said:

Thanks Red, I am only using "I" for this conversation.

Is your forum name in any way related to your real name? (And perhaps also your year of birth). If yes then you should be aware that some PPCs read this forum trying to find people who trip themselves up, and if what I've asked is true then it won't be difficult for them to join the dots.

No totally unrelated to my name and date of birth. Username from a movie I was watching when I set account up. 

johnryder84

I'm just about to upload my pdf to POPLA and in checking it over I had noticed that some people in their appeals have quoted Henry Greensdale's POPLA's 2015 Annual Report keeper liability statement but some have removed it(strikes through). Should I just remove this part?

Also in regards to photographic evidence I have went with a walk through of pictures from the time the PCN was issued, showing the entry sign you pass as you turn into the car park all the way to where the car parked and the lack of signs in the vicinity of where the car was parked? Would that be adequate?