ParkingEye Golden Ticket POPLA appeal, help.

Leafball

Umkomaas said:

Just confirm please that none of the NtKs has a paragraph on the reverse side headed 'Protection of Freedoms Act 2012 (Schedule 4)'. It's omission is a sure-fire way of knowing that PE know they have no chance of making keeper liability stick. 

You do know that POPLA has gone into 'suspended animation' because of COVID lockdown/furlough' and getting a decision on your case(s) will likely take some weeks, even months?

  Yeah none of the NTK’s have the POFA paragraph on the reverse. 

Ah no i wasnt aware, i thought it may take longer than the 28 days they state. Just checking then, whilst an appeal is under review by POPLA the PPC cannot (or shouldnt) chase you for charges. Will this still be the case with the extended timeframes? 

Leafball

Le_Kirk said:

There is a huge section in the NEWBIE sticky concerning POPLA, it is the third post here: -
https://forums.moneysavingexpert.com/discussion/comment/64350600#Comment_64350600

Yeah ive checked the newbies but cant find information specifically relating to “no standing to issue charges in their own name”. Apologies if im overlooking something here. 

Fruitcake

You need to submit an appeal within the 32 days that a PoPLA code lasts. It can be a full appeal, or a holding appeal just saying you will submit more details later. The PoPLA website should explain all of this.
Personally I would want to get it over and done with asap.

As for the scammers not being the landowner and having no standing to issue charges, you aver it, they have to disprove it. You don't actually need to know whether they do or not, you just need to mention it. 
You only need to win on one point, they have to win on every point.

These points as well as the other points mentioned are all in the third post of the NEWBIES.

Umkomaas

Just checking then, whilst an appeal is under review by POPLA the PPC cannot (or shouldnt) chase you for charges. Will this still be the case with the extended timeframes? 

While a PCN is under appeal, recovery action should not commence - the BPA Code of Practice covers that. But, this sector is wholly unregulated and PPCs do as they like. PE generally play by the 'rules', but never rule out anything. 

Presumably, by extension, the recovery action should be held off until POPLA decisions are finally made, but again, 'rules are rules' doesn't apply in this sector!

Le_Kirk

Leafball said:

Le_Kirk said:

There is a huge section in the NEWBIE sticky concerning POPLA, it is the third post here: -
https://forums.moneysavingexpert.com/discussion/comment/64350600#Comment_64350600

Yeah ive checked the newbies but cant find information specifically relating to “no standing to issue charges in their own name”. Apologies if im overlooking something here. 

You expect the claimant to prove they have "standing", i.e. the lawful/legal right to issue charge because of a contract from or flowing from the landowner.  The usual phrase is "the claimant is put to strict proof that it has standing.........."

Leafball

Le_Kirk said:

You expect the claimant to prove they have "standing", i.e. the lawful/legal right to issue charge because of a contract from or flowing from the landowner.  The usual phrase is "the claimant is put to strict proof that it has standing.........."

Oh okay thank you for clearing that up.  

nosferatu1001

Landowner authority is the usual title for the section

Leafball

nosferatu1001 said:

Landowner authority is the usual title for the section

 Just checked my original draft above and i seem to have the landowner authority section in almost verbatim. Again sorry if I'm being thick here but is that not okay/missing something? I cant figure out what ahah. 

nosferatu1001

No thats fine -=but youd said you werent doing a 4000 long appeal,  implying only a single point

Leafball

Okay I believe ive covered everything mentioned above now (thank you so much for the help).