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Waiting PCN private area help needed on popla appeal

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  • JeffBezos
    JeffBezos Posts: 31 Forumite
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    Sorry guys. i'll repost it - I didn't want to tip my hat to PW in advance. I think they've caught a lot of people out in this location, yet I can't find a single reference to it.

    I still need to know whether to add some " not like the beavis case" stuff (But what and how please ?)
    Or whether to mention the yellow lines that have always been there?

    I reworded huge parts of it so let me redact personal stuff - really need to get this finished and more than that I need your help experts please...
  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
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    edited 15 August 2018 at 12:19PM
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    You need to remove the information about who realised they had made a mistake before leaving as this gives away the driver's identity.

    This occurs in other parts of the appeal as well, for example where you say, "adequately inform someone of the regulations" and, "When someone did come to observe the two signs."

    You need to go through the whole appeal with a fine toothcomb and edit out any and instances of this.

    Personally I think there is too much waffle. The mention of a three point turn for example is repeated several time. The assessor is likely to fall asleep with boredom if they have to read everything three times or more.
    I would just mention that the driver was on site for three minutes which is well within the two off ten minute grace periods you have quoted from the CoP. Other opinions are of course available.

    Was an occupant of the car disabled? If not, there is no need to mention signs about this.

    You need to tidy up the !!!8221 formatting errors as well. This is an MSE generated problem, but editing the errors yourself will make it much easier for the regulars to read.
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  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    edited 15 August 2018 at 1:52PM
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    With 6,400 words running to 19 pages of A4 (proportionate? :eek:), there's a real danger that any key point being made is overlooked by the assessor as they churn through the same old copy and paste regurgitated appeal material they must have seen hundreds of times.

    They're human and once they see a paragraph they recognise, there must be many times when they are tempted to jump to the next appeal section - potentially missing a killer point. It seemingly happened in the past few days where a very long appeal, but with a killer point, was jaw-droppingly rejected by POPLA.

    A real risk, as it's virtually impossible to get POPLA to review and change a decision.

    On the other hand it may just bring the PPC to its knees, being too much trouble to tackle all the points, and give up.

    That's the gamble! :)
    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
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    Make sure nothing implies who parked...go through it with a fine tooth comb.

    I love long POPLA appeals which almost always see a PPC throw in the towel.
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  • JeffBezos
    JeffBezos Posts: 31 Forumite
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    PDF Link to the final Version. (No images and info redacted)

    https://drive.google.com/file/d/1rog1ZPcXZqwfDUHas5DpqRAjmIR5v2X3/view?usp=sharing

    Any last minute tips or advice?

    Thanks!
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    I like that appeal, nice and rambling to send the PPC away, but it makes good points.

    Two typos:

    'locald' - did you mean located?

    and miniscule (twice spelt wrong) should be minuscule.

    And you have missed the template from the NEWBIES thread about the appellant not being shown to be the individual liable.

    And you didn't tell us this is a hired/leased car! SLAM DUNK WIN based on para 13/14 of the POFA Sch4, due to no documents enclosed with the Notice to Hirer the PPC sent you.

    Search the for, say, POPLA paragraph 13 hirer documents to see an example.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • JeffBezos
    JeffBezos Posts: 31 Forumite
    edited 16 August 2018 at 7:43AM
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    Coupon-mad wrote: »
    I like that appeal, nice and rambling to send the PPC away, but it makes good points.

    Two typos:

    'locald' - did you mean located?

    and miniscule (twice spelt wrong) should be minuscule.

    And you have missed the template from the NEWBIES thread about the appellant not being shown to be the individual liable.

    And you didn't tell us this is a hired/leased car! SLAM DUNK WIN based on para 13/14 of the POFA Sch4, due to no documents enclosed with the Notice to Hirer the PPC sent you.

    Search the for, say, POPLA paragraph 13 hirer documents to see an example.

    Thanks for this, but what?
    PW contacted the company that own the car.
    They then gave my details to PW.
    Then PW sent me the Ntk PCN

    I admitted being the driver in my initial appeal (I'm an idiot)

    What "SLAM DUNK WIN based on para 13/14 of the POFA Sch4, due to no documents enclosed with the Notice to Hirer the PPC sent you." ?

    What should have been sent to me that wasn't please?
    It sounds like I missed something huge here?

    The document sent to me was this one:

    Back
    https://drive.google.com/file/d/1kaIqYnlb9orO7x5yvKuDo6kNwIcmDW84/view?usp=sharing

    Front:
    https://drive.google.com/file/d/1wUjQX9wy1jx6uZlN-htzs2j6HXrPH9hV/view?usp=sharing

    What am I missing?

    Many thanks indeed!
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 16 August 2018 at 11:30AM
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    Too late now to use any Pofa arguments since you told them you were the driver!
  • JeffBezos
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    Submit this or not? What do you think?
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Sooner or later you have to go with it and take responsibility for your action. You really don't want someone coming back saying this needs a fundamental root and branch reworking - do you?

    Not sure how (if at all, maybe you've even increased the volume of verbiage) the current version varies from the one you posted a few days ago, but there was enough there to put most PPCs off responding.

    Just make sure POPLA can see and read your key points and that they're not drowned in all the text with which you've managed to swell this.

    Coupon-mad seems to have given the thumbs up - you absolutely can't get a better imprimatur.
    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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