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

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Comments

  • Coupon-mad
    Coupon-mad Posts: 162,357 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I wouldn't. 

    This is POPLA comments stage, fully covered in post #3 of the NEWBIES thread.  2000 characters, bullet points.  No restating your appeal.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • mrtedward
    mrtedward Posts: 17 Forumite
    10 Posts Name Dropper Photogenic
    D_P_Dance said:
    Dou you need to confine yourself to 2,000 characters, why not send a letter or multiple emails.  
    Can I do that, make an initial comment then email a further document to info@popla.co.uk ? It's not clear if you can do this and expect the comments to be included in the case, now they try to funnel everyone through their web portal...
  • Umkomaas
    Umkomaas Posts: 44,478 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mrtedward said:
    D_P_Dance said:
    Dou you need to confine yourself to 2,000 characters, why not send a letter or multiple emails.  
    Can I do that, make an initial comment then email a further document to info@popla.co.uk ? It's not clear if you can do this and expect the comments to be included in the case, now they try to funnel everyone through their web portal...
    POPLA will strictly apply the 2,000 character limit. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • mrtedward
    mrtedward Posts: 17 Forumite
    10 Posts Name Dropper Photogenic
    Umkomaas said:
    mrtedward said:
    D_P_Dance said:
    Dou you need to confine yourself to 2,000 characters, why not send a letter or multiple emails.  
    Can I do that, make an initial comment then email a further document to info@popla.co.uk ? It's not clear if you can do this and expect the comments to be included in the case, now they try to funnel everyone through their web portal...
    POPLA will strictly apply the 2,000 character limit. 
    Good stuff, I assumed as much - I made sure my comment was under 2000 characters and only addressed specific points and shortcomings of ECP's evidence pack. Fingers crossed.
  • mrtedward
    mrtedward Posts: 17 Forumite
    10 Posts Name Dropper Photogenic
    Case was adjudicated yesterday and very happy to report that the appeal was successful!

    The adjudicator's decision in part was down to the operator not providing photos in representative conditions of the time of day when the PCN was issued. This raised sufficient doubt about adequate legibility of signage including parking terms and conditions to void the operator's ticket. The adjudicator therefore did not need to assess the (many!) other points raised in my appeal, though I'm sure it was worth including them.

    Anyone interested in reading the adjudicator's explainer? Not sure what the etiquette is about posting the adjudication outcome.
  • Jenni_D
    Jenni_D Posts: 5,594 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Well done! Please provide an update (including the POPLA decision wording - break it up when posting so that it's not a wall of text) in the POPLA Decisions thread with a link back to this thread. (Look at other posts in that thread and what I've written should hopefully make sense). :)
    Jenni x
  • Umkomaas
    Umkomaas Posts: 44,478 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nice one. 👍

    Signage is always a good appeal point.  Quite often PPCs are using stock copies as evidence and are vulnerable to a good appeal paragraph, especially if it was a nighttime or poor visibility parking event. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 162,357 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, please post the Decision (with at least half a dozen paragraph breaks added PLEASE) in POPLA DECISIONS.

    And we need you to help us (and yourself) now:

    Please come back in August every week to check if the new and final Government Consultation is open as we need people like you to be heard and drown out the copy and paste consultation responses the industry will blanket bomb the process with, as they did in 2020. 

    We are nearly there with some decent regulation and level of parking charge, which we’ve almost achieved: 
    One more consultation coming very soon.  Don't miss out.  Be all over it and tell your family to do the same.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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