POPLA appeal specific example request

elephantsrus · 2 July 2018 at 5:35PM

Hi all, looking for a little bit of a head start in putting together a POPLA appeal.

In this instance, the keeper of the vehicle received a PCN, with the reason given that payment was not made for a car park in a certain location. However, the vehicle in question was never in said car park - it was correctly parked with full payment made in the car park next door, which has a different location code and set of charges.

Does anyone know of a similar case to this with a decent POPLA appeal example I can make use of?

Looking at the POPLA appeal examples in the newbies sticky, lots of them revolve around unclear signage, overstaying the paid for period etc.

If this POPLA appeal includes the unclear signage argument it's not clear to me whether to refer to the signs in the car park the PCN relates to, or the car park the vehicle was actually parked in.

waamo · 2 July 2018 at 5:39PM

Why explain a single point and risk losing? Why not just adapt examples you've already looked at and put the error in their paperwork as appeal point one.

Single point appeals can be risky as the assessor may not agree with your point, or you may phrase it badly and not get the point across.

I see no harm in a belt and braces approach to kill it off. There ain't no kill like an overkill.

elephantsrus · 2 July 2018 at 5:45PM

Waamo, agreed, never said it would be a single point appeal. Was just looking for some good examples for arguing this particular case.

However, it seems to me that the appeal would be more persuasive if all of the points made are relevant ones, and I do wonder if the unclear signage argument is relevant enough in this case to be worth including, especially as I don't know which signs to actually refer to.

Or maybe it's just a case of using generic language about signage and bogging down the appeal with lots of points to overwhelm them.

Fruitcake · 2 July 2018 at 5:48PM

Use ALL the points in the template appeals from post 3 of the NEWBIES.

KeithP · 2 July 2018 at 5:48PM

Who is the parking company?

Some of them are easily overwhelmed and instantly give up when seeing a voluminous PoPLA appeal.

elephantsrus · 2 July 2018 at 5:50PM

Civil Enforcement

waamo · 2 July 2018 at 5:55PM

The point is that there are things like minimum sizes and minimum font sizes for signs. If you question it then it is up to the ppc to demonstrate they are correct.

It is their job to prove their case, not your job to disprove it. Many will see a voluminous appeal and just give up.

Umkomaas · 2 July 2018 at 5:57PM

elephantsrus wrote: »

Civil Enforcement

Have you sent CEL an initial appeal which they've rejected and issued you with a POPLA Code?

Or are you jumping ahead of yourself in trying to develop a POPLA appeal too early?

Because if you send in the initial appeal template from the NEWBIES FAQ sticky, post #1 (unaltered, no wittering in it about what happened), in most cases CEL cancel the charge, then no need to get anything ready for POPLA.

elephantsrus · 2 July 2018 at 6:08PM

Umkomaas, unfortunately I sent the initial appeal before finding this forum. The initial appeal was kept brief - it said "parking was paid in full for the times in question", and included the relevant receipts. The PCN only specified the road name of the car park, and not the location code (there are two private car parks on that road). The keeper of the vehicle received a letter in response stating that as payment had been made for the "wrong" (in their view) car park, the appeal was rejected, so I am now on to the POPLA stage.

elephantsrus · 2 July 2018 at 6:09PM

Follow up question to this - when making the paperwork error argument, the only way I can see of making a persuasive argument that the vehicle wasn't where they claim it was is to use Google's activity tracking which shows a clear timeline of the driver arriving at and leaving from the other car park, with a nice map and times etc. I'm reluctant to include any identifying information but this could be anonymised.

Is this a good idea?

Alternatively should the onus be put on them to prove the vehicle was where they claim (or take both approaches)?

Umkomaas · 2 July 2018 at 6:13PM

Is this a good idea?

Use whatever evidence you have to prove your case to the POPLA assessor.

Similar to them cancelling the ticket on receipt of a forum template initial appeal, CEL is likely to slink away when faced with a really comprehensive POPLA appeal. Make it as detailed as possible.

POPLA appeal specific example request

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