Update: CEL PCN, we won at POPLA! Thank you everyone!

SayNoToPCN

You get 33 days

You were not meant to include my parens comments! You had said the contracting party was the full web address, but ytou know NOW the full, legal name of the operator on the signs, and the full, legal COMPANY NUMBER for that entity

creek48

SayNoToPCN said:

You get 33 days

You were not meant to include my parens comments! You had said the contracting party was the full web address, but ytou know NOW the full, legal name of the operator on the signs, and the full, legal COMPANY NUMBER for that entity

If I understand correctly you are suggesting that I should change the title for point #1 to something like:

1. The sign supposedly offering a contract (which is denied) is in the name of a dissolved company "Star Park Management", which is a different entity to the Operator Civil Enforcement Ltd. The Operator is a stranger to any alleged contract with Star Park Management.

Is my understanding correct? If so, should I further point out that instead of including the full and legal company name - Star Park Management - what the sign highlighted is just a website - 'www.starpark.co.uk'?

Fruitcake

You have referred to CEL signage in your appeal, but the signs all say starpark. You should replace any reference to CEL signs and replace with references to starpark, then state that the keeper never received a PCN from starpark, then mention that starpark was dissolved and ceased trading in ??/??/????

creek48

Fruitcake said:

You have referred to CEL signage in your appeal, but the signs all say starpark. You should replace any reference to CEL signs and replace with references to starpark, then state that the keeper never received a PCN from starpark, then mention that starpark was dissolved and ceased trading in ??/??/????

Hi Fruitcake, many thanks for the comments. The sign indeed mentioned in the tiniest text in the t&c that 'enforcement is carried out by CEL' but 'starpark' is in bold and larger text at the bottom of the sign.  



In this case, would you still suggest replacing CEL in the whole of appeal? But I think it's a still good idea to mention the keeper never received a PCN from starpark.

SayNoToPCN

Yes, because the signs are what offers any alleged contract. You have no contract with CEL. As such, the operator that raised the PCN and is chasing is a complete stranger to you

SayNoToPCN

BTW. Dont expect POPLA to be bright enough to understand this point. They are NOT trained to understand even basic contractual law.

creek48

SayNoToPCN said:

Yes, because the signs are what offers any alleged contract. You have no contract with CEL. As such, the operator that raised the PCN and is chasing is a complete stranger to you

Thanks for your further clarification. I have reflected these changes in my draft. I have also embed details (e.g. actual quoted paragraph or screenshots) of the link as per your suggestion. Are there any other points you can think of before I submit it? Many thanks!


https://docs.google.com/document/d/1csbOxhA9R3CcLhj4Y2Fky9_kZeS0ltxryzE1D_kExes/edit?usp=sharing

Coupon-mad

Good work, but don't worry if POPLA don't get it and you lose.  Means nothing!  Worth a try to stop the scam at this stage.

creek48

Coupon-mad said:

Good work, but don't worry if POPLA don't get it and you lose.  Means nothing!  Worth a try to stop the scam at this stage.

Many thanks for all the comments.

Just to confirm the next step. I will fill in the POPLA code and vehicle registration number. Then, save it as a PDF. Do I need to sign anywhere on the document?

Regarding the uploading process, I followed the NEWBIES post. Just to confirm, when choosing the reasons for appeal, only choose 'Other' and ignore the 'traditional' reasons. Then upload the PDF under the 'Other'?

KeithP

creek48 said:

Coupon-mad said:

Good work, but don't worry if POPLA don't get it and you lose.  Means nothing!  Worth a try to stop the scam at this stage.

Many thanks for all the comments.

Just to confirm the next step. I will fill in the POPLA code and vehicle registration number. Then, save it as a PDF. Do I need to sign anywhere on the document?

Regarding the uploading process, I followed the NEWBIES post. Just to confirm, when choosing the reasons for appeal, only choose 'Other' and ignore the 'traditional' reasons. Then upload the PDF under the 'Other'?

Just follow the guidance in the NEWBIES thread. That thread is there to avoid the need for the information to be repeated every time.