POPLA appeal support needed please :)

Philosophy56

Hello all,

My PPC appeal was of course rejected, so I've been given a POPLA code. I am now preparing my POPLA appeal and was keen for some support please.

I just wanted to clarify the following;

-The NTK is not POFA compliant; I will be discussing this further in the appeal, but do I need to provide POPLA with the NTK as evidence? Or will it be sufficient to just state that the NTK is not POFA compliant, and provide the reasons why.      *Just asking because I can see on previous threads that some operators have submitted POFA compliant NTKs in response to the POPLA appeal, although this was not the NTK that they have originally sent!

-If I suspect that no planning permission has been sought for the land/ to put up signs here, should I try to provide evidence of this via the council, or do I just need to state that the operator needs to prove that they sought planning permission for this? (and then it will be for the operator to prove/disprove this)

-On the NTK, the location (post-code) of where the vehicle was parked is incorrect. The road name is however correct, but there are a number of car parks along this road, with different post codes. In the appeal, shall I state that the car was not parked in post-code XYZ but actually was parked in XYZ... or shall I just ask the operator to prove that the vehicle was actually parked at the specified location?

Many thanks in advance! 

Umkomaas

POPLA is an evidence-based appeals process, so yes, include your evidence. 

Which parking firm are you dealing with?

In what way is their NtK not PoFA-compliant?

The planning permission is a non-starter, don't waste your time.  In fact 'planning permission' does not apply to signage. 'Advertising Consent' is the relevant element of the legal requirement. PoplaPOPLA will not deal with it as it's a Local Authority issue. 

If you can categorically pinpoint the postcode and add a convincing argument about it being incorrect, then try it, but I don't think POPLA will give it that much weight. 

Philosophy56

Thank you
It's ECP

Re. non compliance - no period of parking, no correct identification of the land (wrong post code), notice states to give name and address of driver but doesn't also say that should pass on the notice on the driver.

Re. the incorrect post-code, I can definitely provide the exact postcode that the vehicle was parked. I'm just not sure how I would prove this though or how I would prove that the post code the PPC provided was incorrect. Can't find any similar situations on the POPLA appeal outcome forums about this scenario either...
Any ideas?  do you think images from google maps might be helpful in this case?  or images of the location the PPC has provided, compared with images of the actual location that the vehicle was parked... ?

Umkomaas

As it's ECP, do you have your own images of the signs on site?  

Often £100 on the sign is in minuscule, unbolded text and so it doesn't meet the clarity & prominence required as per the Beavis case and the Consumer Rights Act 2015 (fairness test for terms & notices) - credit @Coupon-mad for the wording of this paragraph.

Please read from page 416 of the POPLA Decisions Announcement (pinned near the top of the forum thread index) where you will find a number of POPLA decisions going against ECP on this very point. Reading the linked original threads might also help. 

https://forums.moneysavingexpert.com/discussion/4488337/popla-decisions/p416

Philosophy56

Thanks for this!

Any suggestions regarding the incorrect post-code on the notice? 
I can definitely provide the exact postcode that the vehicle was parked. I'm just not sure how I would prove this though or how I would prove that the post code the PPC provided was incorrect. Can't find any similar situations on the POPLA appeal outcome forums about this scenario either...

Any ideas?  do you think images from google maps might be helpful in this case?  or images of the location the PPC has provided, compared with images of the actual location that the vehicle was parked... ?
I don't want to write something that will jeopardise my appeal

Gr1pr

State that the postcode is incorrect on the NTK PCN letter so no vehicle of yours was in that area on the date in the pcn,  so you put them to strict proof of their allegation 

The claimant ECP should include a copy of the pcn in their evidence pack,  so no need for you to do so, although you can 

I wouldn't be stating anything about where the vehicle was,  stick to refuting the allegations, plus the errors 

Umkomaas

Making the POPLA appeal detailed and lengthy (lots of usable appeal points and paragraphs in the NEWBIES FAQ Announcement, third post) can often lead to ECP deciding to withdraw at the POPLA stage. Even if you 'lose' at POPLA, it's nothing to concern you, and definitely not the trigger for paying the PCN. Only a Judge can require you to pay, and ECP hardly ever sue, especially for one-off tickets. 

Coupon-mad

Philosophy56 said:

Thanks for this!

Any suggestions regarding the incorrect post-code on the notice? 
I can definitely provide the exact postcode that the vehicle was parked. I'm just not sure how I would prove this though or how I would prove that the post code the PPC provided was incorrect. Can't find any similar situations on the POPLA appeal outcome forums about this scenario either...

Any ideas?  do you think images from google maps might be helpful in this case?  or images of the location the PPC has provided, compared with images of the actual location that the vehicle was parked... ?
I don't want to write something that will jeopardise my appeal

How did it go?