Advice on POPLA appeal - rejected Euro Car Parks appeal - ECP allege 11 minute stay without payment

1505grandad

https://drive.google.com/file/d/1PjTUhcZZQvQLBrdZN8hLLwgOGQTVMEiJ/view

Unfortunately the latest BPA CoP is V8 dated January 2020 so the paras 13 are different to those you have quoted.

Fruitcake

As above, you need to check the latest version of the BPA CoP and amend your appeal accordingly. The grace periods have been drastically changed since 2017.

Coupon-mad

Embed the date and time from the metadata, into each photo that you took.  I believe you can use an autostamper or similar app.

No joy with the landowner complaint?  POPLA appeal being way down the pecking order of what to do first.

mrtedward

Coupon-mad said:

Embed the date and time from the metadata, into each photo that you took.  I believe you can use an autostamper or similar app.

No joy with the landowner complaint?  POPLA appeal being way down the pecking order of what to do first.

The landowner from my research appears to be a foreign entity; it's managed by "Nectar Asset Management" who are a barely-visible company with a barebones web site and no obvious contact details. All of the businesses that used to line the car park are shut down (Covid finally did them in) and the adjacent tram stop has nothing to do with it.

KeithP

The signs state Managed by Euro Car Parks on behalf of Nectar Asset Management.

On a Nectar Asset Management webpage there is a list of 'the team'.

They look like important people. 

They all have an email address and one of them has a UK phone number.

Suggest you send an email to that UK person - Charles Sherratt-Davies.

mrtedward

KeithP said:

The signs state Managed by Euro Car Parks on behalf of Nectar Asset Management.

On a Nectar Asset Management webpage there is a list of 'the team'.

They look like important people. 

They all have an email address and one of them has a UK phone number.

Suggest you send an email to that UK person - Charles Sherratt-Davies.

Sorry for delay in replying, busy few late night shifts at work and I've had to sort a few things out (imminent house move). I've been working through the main appeal doc and amending/improving sections where relevant, I'll put up a 2nd revision soon.

Greatly appreciate everyone's feedback so far.

Thanks for doublechecking their site - I noticed the contacts page but was interrupted mid-research (dinner duties!). In the past I've had the odd experience with other overseas asset management companies being echo chambers unless you have something to offer, but I've emailed and await a response. I'll continue to prep the POPLA doc in the meantime.

Coupon-mad

Make sure when you move that you change the V5C registration address for the car with the DVLA, additional to sending off your driving licence!  And tell the PPC and POPLA if the change of address happens while the issue is still live.

mrtedward

Hi everyone, thanks for your feedback so far. All good advice.

I've yet to hear back from the landowner, I've sent a chaser email but I doubt I'll hear anything. I've also emailed the council Planning department after doing some research - believe that ECP, the landowner or the agent never properly applied for planning permission for either the advertising/signage or ANPR furniture, so I've included that in the 3rd revision draft.

I've also updated references to BPA CoP, added a few images and I intend to revisit the car park to take more accurate measurements to include in the arguments concerning height, distance from road and so on.

https://drive.google.com/file/d/1GXH1KOdU430bbuSSnG3vCJI_K9x0Bsgo/view?usp=sharing

Have I missed anything obvious? I'll add more measurements after a follow-up visit this week, this time with a tape measure...

My time to submit my POPLA appeal is about halfway through, I have until the 11th. I'm inclined to not wait much longer for a response from the landowner's management agent (though I'll keep on trying). 

mrtedward

mrtedward said:

Hi everyone, thanks for your feedback so far. All good advice.

I've yet to hear back from the landowner, I've sent a chaser email but I doubt I'll hear anything. I've also emailed the council Planning department after doing some research - believe that ECP, the landowner or the agent never properly applied for planning permission for either the advertising/signage or ANPR furniture, so I've included that in the 3rd revision draft.

I've also updated references to BPA CoP, added a few images and I intend to revisit the car park to take more accurate measurements to include in the arguments concerning height, distance from road and so on.

https://drive.google.com/file/d/1GXH1KOdU430bbuSSnG3vCJI_K9x0Bsgo/view?usp=sharing

Have I missed anything obvious? I'll add more measurements after a follow-up visit this week, this time with a tape measure...

My time to submit my POPLA appeal is about halfway through, I have until the 11th. I'm inclined to not wait much longer for a response from the landowner's management agent (though I'll keep on trying). 

I also noticed the "some 3 years ago years ago" which I forgot to remove, that's in v4. I hate proofreading my own stuff, I'm awful at it... Also fixed a couple of errant references to current CoP around grace periods.

Draft 4: https://drive.google.com/file/d/1xkL-eRzR5qk6u6SEjIUsfFPkycxzxolB/view?usp=sharing

Umkomaas

Wow, almost 8,500 words? 😮. Hopefully that will put the PPC off from reading it and responding!  Your final 3 appeal sections have never once won a POPLA appeal.