POPLA appeal

kindofblue

Umkomaas said:

This is the sure-fire way of beating SP at POPLA, provided the driver hasn't been inadvertently or tangentially identified. Your very best opportunity. It's a pity you don't have a copy of your initial appeal for us to check. But you must make 'no keeper liability' your number 1 point in your appeal - placed right at the top of it. Infinitely more useful to you than planning permission. 

In your experience, does admitting to the keeper's child needing to be near the parking venue give away the driver?

D_P_Dance

How could it?

Umkomaas

The 'No Keeper Liability' looks OK to me, and strategically best placed at the head of your appeal. 

The sign you've circled and shown above, is that the actual sign in the car park?  None of the detail is clear from your picture, but the real reason for asking is that, to me, it doesn't look like a standard Smart Parking sign. If I was asked to guess, I'd say it was a Euro Car Parks sign - typical layout and colour scheme. SP house colours are a hideous tangerine colour. 

I may be miles out, but this is just a heads up so that you can be doubly sure it is a SP sign. 

kindofblue

It is yes it does have some yellow on it if I zoom into the original. 

Cheers both

Coupon-mad

Furthermore, the PCN arrived after 15 days from when the vehicle was allegedly parked. This is clear from the date of issue of the PCN xx/xx/xx and the date on the alleged ANPR images yy/yy/yy.  

What are those two dates?  I reckon the deemed date of service will be later than you think, but I'm guessing.

kindofblue

Coupon-mad said:

Furthermore, the PCN arrived after 15 days from when the vehicle was allegedly parked. This is clear from the date of issue of the PCN xx/xx/xx and the date on the alleged ANPR images yy/yy/yy.  

What are those two dates?  I reckon the deemed date of service will be later than you think, but I'm guessing.

Cheers. The alleged contravention was 15th Sat, date on the PCN is 28th Fri. We received it the following week. Is there something that stipulates how the date of service is worked out? 

Umkomaas

kindofblue said:

Coupon-mad said:

Furthermore, the PCN arrived after 15 days from when the vehicle was allegedly parked. This is clear from the date of issue of the PCN xx/xx/xx and the date on the alleged ANPR images yy/yy/yy.  

What are those two dates?  I reckon the deemed date of service will be later than you think, but I'm guessing.

Cheers. The alleged contravention was 15th Sat, date on the PCN is 28th Fri. We received it the following week. Is there something that stipulates how the date of service is worked out? 

I'm assuming that it is the month of May?  If so, the earliest the NtK is recognised to have been delivered in PoFA is Tuesday 1 June, which is 17 days following the day after the date of the parking event. Oops, no keeper liability for Smart. POPLA slam dunk for you. 

So you need to set this out for POPLA - Janet and John stylee, they have real difficulty in counting the number of days. Like:

15/05 - Alleged parking event - Day 0
16/05 - Day 1
17/05 - Day 2

complete the series through to

28/05 - date of issue of NtK - Day 13
29/05 - Saturday, non working day - Day 14
30/05 - Sunday, non working day - Day 15
31/05 - Monday, first working day - Day 16
01/06 - Tuesday, second working day and day of deemed delivery of the NtK - Day 17.

Castle

Umkomaas said:

I'm assuming that it is the month of May?  If so, the earliest the NtK is recognised to have been delivered in PoFA is Tuesday 1 June, which is 17 days following the day after the date of the parking event. Oops, no keeper liability for Smart. POPLA slam dunk for you. 

So you need to set this out for POPLA - Janet and John stylee, they have real difficulty in counting the number of days. Like:

15/05 - Alleged parking event - Day 0
16/05 - Day 1
17/05 - Day 2

complete the series through to

28/05 - date of issue of NtK - Day 13
29/05 - Saturday, non working day - Day 14
30/05 - Sunday, non working day - Day 15
31/05 - Monday, first working day - Day 16
01/06 - Tuesday, second working day and day of deemed delivery of the NtK - Day 17.

The 31st May 2021 was a Bank Holiday.

Umkomaas

Castle said:

Umkomaas said:

I'm assuming that it is the month of May?  If so, the earliest the NtK is recognised to have been delivered in PoFA is Tuesday 1 June, which is 17 days following the day after the date of the parking event. Oops, no keeper liability for Smart. POPLA slam dunk for you. 

So you need to set this out for POPLA - Janet and John stylee, they have real difficulty in counting the number of days. Like:

15/05 - Alleged parking event - Day 0
16/05 - Day 1
17/05 - Day 2

complete the series through to

28/05 - date of issue of NtK - Day 13
29/05 - Saturday, non working day - Day 14
30/05 - Sunday, non working day - Day 15
31/05 - Monday, first working day - Day 16
01/06 - Tuesday, second working day and day of deemed delivery of the NtK - Day 17.

The 31st May 2021 was a Bank Holiday.

Great spot @Castle, thank you.  Here you go @kindofblue

30/05 - Sunday, non working day - Day 15
31/05 - Monday, Bank Holiday - Day 16
01/06 - Tuesday, first working day - Day 17
02/06 - Wednesday second working day, and day of deemed delivery of the NtK - Day 18

kindofblue

Haha, many thanks folks. Regardless of the outcome of the appeal this forum is brilliant