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Ticket at POPLA stage - advice needed

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Comments

  • Fluff15
    Fluff15 Posts: 1,440 Forumite
    Sorry to trouble you but could you kindly explain further?

    In Gemini's response to your appeal it says you commented on claim and loss. What did your initial appeal say? Was it the most recent one from the sticky? It does not talk about loss and therefore I think you might have used an old template.
  • As requested by @Fluff15, this was my original appeal:

    Dear Sir / Madam

    Re PCN number:

    I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

    There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

    - If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

    - If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

    - in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

    Formal note:
    Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

    Yours faithfully,
  • Umkomaas wrote: »
    Like what?

    You can either accept advice as given, or do your own thing. We do not give advice that knowingly puts you in any position of disadvantage. You seem to be querying everything. The forum is ultra busy - 120 different cases (many with multiple and often complex inputs) being dealt with in the past 24 hours - from dawn to the early hours of the morning.

    I intend to accept the advice or do my own thing. I'm not querying everything, just asking for advice. I appreciate everyone is busy.

    On the sticky, I did not see about asking for data, so it surprised me. I just thought you appeal to POPLA under various categories. Could you tell me whether to do this data request before or after that? If before, how to weave in what they come back with?
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    I intend to accept the advice or do my own thing. I'm not querying everything, just asking for advice. I appreciate everyone is busy.

    On the sticky, I did not see about asking for data, so it surprised me. I just thought you appeal to POPLA under various categories. Could you tell me whether to do this data request before or after that? If before, how to weave in what they come back with?

    It pays you to raise a SAR as soon as things start taking off. The PPC has 30 days to respond, and they're unlikely to see your request as a priority, so are likely to go the full distance on it.
    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
  • Umkomaas wrote: »
    It pays you to raise a SAR as soon as things start taking off. The PPC has 30 days to respond, and they're unlikely to see your request as a priority, so are likely to go the full distance on it.

    OK, I'll do that. Sounds like this will run concurrent to my POPLA appeal? Out of interest, how will the information that comes back be useful? Is it a technicality to rely on later?

    In my POPLA letter, seems to me that the thing to rely on mostly is the lack of NTK? They haven't sent me one.
  • KeithP
    KeithP Posts: 37,567 Forumite
    Name Dropper First Post First Anniversary
    Out of interest, how will the information that comes back be useful?
    It is simply that at that time you will know exactly what they know about you.

    That in itself is far more useful than not knowing what they know about you. Surely you can see that?
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