Secure parking Solutions (Foundry Gym Dudley)

Sankai

Coupon-mad said:

Ok sounds like you can put together a good POPLA appeal by using the templates in the 3rd post of the NEWBIES thread, and embed your pictures with the date embedded, showing the photos within the POPLA appeal like a story book. 

Not links, not for POPLA.

My POPLA letter. Will this be ok?

https://drive.google.com/file/d/1K1gDc3IELxqiGoH8hZ58fpUn31qn9hvi/view?usp=sharing

1505grandad

Make sure you are using/quoting from the BPA CoP relevant for the time of the parking event  -  should be V8.
I believe you are quoting from a previous version.

Coupon-mad

Wow that’s based on a POPLA appeal that’s so old it pre dates ParkingEye v Beavis 2015!

You can’t use #3 at all.

You haven’t embedded the date and time metadata into your evidence photos as is advised earlier.

Remove the horrible clunky intro; it’s written in really bad English by someone who doesn’t know what a split infinitive is.  Horrible to keep seeing people copy that pointless intro.

The first point is wrong because the BPA CoP 2020 does not provide for two grace periods.  You can’t just copy someone’s POPLA appeal from years ago and assume the BPA CoP remains the same.  You need to read and use the BPA CoP 2020, easy to Google.

IMHO, your very first heading should be that there are two parking firms operating with completely different terms in the same car park.  Then show those photos of Elite and the Foundry gym signs (date and time of image embedded).

If you are going to use the point that the operator doesn’t know who was driving, you must also have a point showing why you think they haven’t complied with the POFA 2012 and can’t have ‘keeper liability’.

I didn’t notice if you had ‘no landowner authority’ but it is needed as a final point.

Sankai

To be fair I was using one of the newest appeals to POPLA I could find, and it was succesful . I read now the code and see that I can't use the Grace period at all. Not so easy copy paste, as advertised

Coupon-mad

Wow, someone used the non point about no genuine pre estimate of loss, recently?!

Don’t copy it.  Bad example.

Your main first point is what I said it should be and your photos need the metadata embedded to have real value to your case.

Also tell us if the NTK is non POFA or not by comparing it to the POFA, schedule 4 and you might have an easy win if the driver has never been admitted.

Sankai

Coupon-mad said:

Wow, someone used the non point about no genuine pre estimate of loss, recently?!

Don’t copy it.  Bad example.

Your main first point is what I said it should be and your photos need the metadata embedded to have real value to your case.

Also tell us if the NTK is non POFA or not by comparing it to the POFA, schedule 4 and you might have an easy win if the driver has never been admitted.

I've made the changes. I'll need to retake some photos, as I can't make metadata appear on photos. I've checked POFA and NtK, and pointed out the letter is not compliable with 9(2)(e), but I don't know if that is going to be enough as they have ticked all the other points.
your thoughts?:
https://drive.google.com/file/d/1kHdiHiILsLzgtH3aRikSFxRpEwFSowPp/view?usp=sharing

Le_Kirk

Sankai said:

I've made the changes. I'll need to retake some photos, as I can't make metadata appear on photos. I've checked POFA and NtK, and pointed out the letter is not compliable compliant with 9(2)(e), but I don't know if that is going to be enough as they have ticked all the other points.
your thoughts?:

One small point for you.

Coupon-mad

You can say that there can be no keeper liability where there is no ‘adequate notice’ of the parking charge (POFA REQUIREMENT).

Sankai

Coupon-mad said:

You can say that there can be no keeper liability where there is no ‘adequate notice’ of the parking charge (POFA REQUIREMENT).

Unfortunately there is one...they were pretty good with their NtK, and my grounds on this are pretty thin.
https://drive.google.com/file/d/1yGARYxEaeDwK-z7zadl5Ma4QNCUdtV0x/view?usp=drivesdk
Do I have 21 or 28 days to submit to. POPLA after I've received their number? 

Redx

In fact it's 32 days from the date of the notice , when the code was generated , not 28 , definitely not 21 , but don't be late ( so not from when you received it )

These companies cannot issue fines , they are invoices for an alleged breach of contract , nothing more , so never use the word fine for private parking issues , if necessary , use PCN , less letters , more meaning