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ParkingEye - Aire Street Leeds POPLA Decision - Rejected - Next Steps

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  • AGURRU
    AGURRU Posts: 26 Forumite
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    I will read your thread tonight and see if I can gleam something from it.

    Thanks for bringing it to my attention.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 9 May 2018 at 4:53PM
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    some people put something in the comments box like SEE ATTACHED APPEAL

    the upload icon changes to a waste bin icon I believe when you upload the document

    you email popla as detailed above with a note that it goes to the lead adjudicator, complaining of a procedural and/or administrative error

    point out the errors in bullet point form , so there can be no doubt what your complaints are, and why

    as for "next steps" , there are no "next steps" after popla

    assuming you do not pay the amount listed on the popla decision within the timeframe, you will have to wait it out and argue it again before a judge in small claims court (your nearest court)

    so it will be

    PE or debt colelctors will send debt letters

    PE will issue an LBCCC according to the new protocols (Oct 2017)

    PE will issue an MCOL within 6 years

    there is no magic bullet so dont look for one

    IF popla reassess it after the complaint like the person above, then all well and good
  • KeithP
    KeithP Posts: 37,638 Forumite
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    AGURRU wrote: »
    Can I confirm you are saying that for the document to upload then the comment box must be filled?
    No, I am not saying that, but as you had put comments in the box then that could be what the assessor wrote as 'summary of your case'. So the suggestion earlier that "Theyre claiming they simultaneously know your grounds of appeal, and that they dont know it..." may not be accurate.

    But I do recall a thread saying that the appellant nearly submitted their appeal without the attachment and commented along the lines of "it's easily missed".

    I cannot find that thread now, but even if I could it wouldn't help you.

    However, do not let my ramblings deter you from complaining as you plan to do.
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Make sure your complaint includes the phrase 'Procedural Error', or 'Procedural Impropriety' as this is needed for POPLA to differentiate between a formal request for a review and a general 'rant' because a decision does not meet the appelant's expectation.
    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
  • Redx
    Redx Posts: 38,084 Forumite
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    similar issues about admin or procedure in this thread too, same car park etc

    https://forums.moneysavingexpert.com/showthread.php?t=5805671&page=5
  • AGURRU
    AGURRU Posts: 26 Forumite
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    Do you think it's worth pointing out and citing these other recent cases and the clear inconsistencies even if the actual arguments are not exactly the same?
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    AGURRU wrote: »
    Do you think it's worth pointing out and citing these other recent cases and the clear inconsistencies even if the actual arguments are not exactly the same?
    We don't deal with that many requests to POPLA for a formal review, so it's not possible to categorically say that it will definitely help.

    At best, I think we can say that it wouldn't be harmful to you in quoting, although you should be prepared for POPLA ignoring your reference to the cases on the basis that, 'Every case is different and POPLA makes its decisions based on the evidence presented to us on a case by case basis'.

    You pays yer money .......
    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
  • AGURRU
    AGURRU Posts: 26 Forumite
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    Sent the email off citing procedural error. I will update as I find out more.

    Thanks for all the help and support so far.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    When you uploaded the attachment, you did wait till a little bin icon appeared? If not you uploaded no attachment.
    How can someone summarise my case if the document had not been provided?
    From what you typed in the comments box, of course.

    You case is like the one Redx linked in post #16 and POPLA won't change their mind if the PDF was not uploaded. Fight it in court instead.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Silvercloud18
    Silvercloud18 Posts: 115 Forumite
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    Who was the assessor? Although not sure it matters. Seem to make it up as they go along. Poor inconsistencies
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