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Minster baywatch pcn

1246710

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    excellent , stick with it as you are doing well so far

    embed the photos etc into the pdf

    much better to have the details in front of an assessors nose and not have links they may not be allowed to click on or fail their firewalls etc

    keep it as simple as possible for an assessor to try and get them in the right mood to accept your appeal

    if the driver had no offer or contract to park, then its forbidding signage to everyone else and so an issue for the landowner to issue a trespass notice , nothing to do with a parking company who didnt offer an actual parking contract to this driver
  • azz007
    azz007 Posts: 216 Forumite
    First Anniversary First Post
    Redx wrote: »
    excellent , stick with it as you are doing well so far

    embed the photos etc into the pdf

    much better to have the details in front of an assessors nose and not have links they may not be allowed to click on or fail their firewalls etc

    keep it as simple as possible for an assessor to try and get them in the right mood to accept your appeal

    if the driver had no offer or contract to park, then its forbidding signage to everyone else and so an issue for the landowner to issue a trespass notice , nothing to do with a parking company who didnt offer an actual parking contract to this driver


    cool understood will embedd the photos in.

    Lastly my final point i will add is regarding the BEAVIS penalty rule you mentioned. shoould i add this within the signage section, or as a separate point? i.e 6.

    6- Amount demanded is a penalty and is punitive, contravening the Consumer Rights
    Act 2015. The authority on this is ParkingEye v Beavis. That case was characterised
    by clear and ample signage where the motorist had time to read, and then consider
    the signage and decide whether to accept or not. In this case the signage was
    neither clear not ample, and the motorist had not time to read the signage, let alone
    consider it, as the charge was applied instantly the vehicle stopped. The signage
    cannot be read safely from a moving vehicle.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    I believe it is a separate point because you are stating that the BEAVIS result is showing that this pcn is a penalty and not a contract to park

    beavis had a contract to park for 2 hours only

    the driver in your case had NO contract to park, period , so its a penalty AFAIK

    bear in mind I have no legal training, but read a lot on here
  • azz007
    azz007 Posts: 216 Forumite
    First Anniversary First Post
    Redx wrote: »
    I believe it is a separate point because you are stating that the BEAVIS result is showing that this pcn is a penalty and not a contract to park

    beavis had a contract to park for 2 hours only

    the driver in your case had NO contract to park, period , so its a penalty AFAIK

    bear in mind I have no legal training, but read a lot on here


    great, appreciate it. ready to created a PDF now and then submit the appeal.
  • azz007
    azz007 Posts: 216 Forumite
    First Anniversary First Post
    edited 29 November 2017 at 10:04AM
    Redx wrote: »
    I believe it is a separate point because you are stating that the BEAVIS result is showing that this pcn is a penalty and not a contract to park

    beavis had a contract to park for 2 hours only

    the driver in your case had NO contract to park, period , so its a penalty AFAIK

    bear in mind I have no legal training, but read a lot on here


    sorry 1 last thing, should i attach a photo of the Signage up close for the assessor to read the sign properly as what it says etc. is this advisable to do this?
  • azz007
    azz007 Posts: 216 Forumite
    First Anniversary First Post
    KeithP wrote: »
    This post has won you no favours.


    i dint mean to sound offensive , i appreciate all the help and guidance.
  • azz007
    azz007 Posts: 216 Forumite
    First Anniversary First Post
    POPLA appeal has been submitted. how long do they usually take to review an appeal anybody know?
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
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    azz007 wrote: »
    POPLA appeal has been submitted. how long do they usually take to review an appeal anybody know?

    Can be around 4-6 weeks.

    You will receive the PPCs evidence pack (they have 21 days to produce it), you then have 7 days to respond to that, so you can easily see how it takes 4-6 weeks.

    Obviously if the PPC responds quickly, and you do, it might take a bit less.

    HTH
    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
  • azz007
    azz007 Posts: 216 Forumite
    First Anniversary First Post
    Umkomaas wrote: »
    Can be around 4-6 weeks.

    You will receive the PPCs evidence pack (they have 21 days to produce it), you then have 7 days to respond to that, so you can easily see how it takes 4-6 weeks.

    Obviously if the PPC responds quickly, and you do, it might take a bit less.

    HTH

    I thought it was first submitting the appeal , then POPLA and the PPC do the stuff behind the scene/review and then i get the decision/response from POPLA about if it was successful or unsuccessful

    if unsuccessful - i get it with their evidence pack.etc and take it from there,
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    azz007 wrote: »
    I thought it was first submitting the appeal , then POPLA and the PPC do the stuff behind the scene/review and then i get the decision/response from POPLA about if it was successful or unsuccessful

    if unsuccessful - i get it with their evidence pack.etc and take it from there,

    Nope. Read my advice.
    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
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