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Land owner changed since PCN of 4 months ago

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  • Silversurreal
    Silversurreal Posts: 69 Forumite
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    I have read and read newbies and all the FAQs and cannot find a template specifically for POPLA and I still do not know if my reason is on Popla site is OTHER GROUNDS ? I assume so ????? help please!
  • Silversurreal
    Silversurreal Posts: 69 Forumite
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    Other grounds for appeal

    <<<Appeals based solely on the following grounds for appeal are less likely to be successful>>>


    Is this where I go?
  • KeithP
    KeithP Posts: 37,638 Forumite
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    Don't worry about that yet.

    Please concentrate now on writing your PoPLA appeal.

    When you are ready, you would be wise to post it here for appraisal.
  • Silversurreal
    Silversurreal Posts: 69 Forumite
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    Thank you I will do. Then hopefully I'll know where to insert it. It's definitely wise to write it out first for your perusal, will be done today and fingers crossed. The big negative in all this is that there is no store there anymore for this car park as it was closing down before Christmas, so just a heap of mud right now! Although a positive I suppose that the signs have been taken down or revamped now for the newly opening business/s. Probably still the same L O most likely! I so wish I'd known about a 90 min limit at the time I'd definitely have asked staff for help, but now no store, no staff! Cheers Keith P
  • Silversurreal
    Silversurreal Posts: 69 Forumite
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    PLEASE some one is this basically what I copy in just adjusting details to suit my case???
  • KeithP
    KeithP Posts: 37,638 Forumite
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    Wait a minute...

    On 1st May we were talking about a PoPLA appeal deadline date of 3rd May.

    Some discussion ensued, which seemed to conclude that you had a few more days than that.

    Please can you confirm the date of the appeal rejection letter from Smart?

    I suspect that by now you are too late for a PoPLA appeal, but please confirm that date.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    Silversurreal wrote: »
    Other grounds for appeal

    <<<Appeals based solely on the following grounds for appeal are less likely to be successful>>>

    Yawn, they lie.

    I've copied your template
    Can't have. There is NO POPLA template. You appear to have not actually READ the sticky.

    If your draft appeal is less than half a dozen pages long when copied into a word document, then you have the wrong thing and simply need to read the THIRD post of the NEWBIES thread and use the standard POPLA appeal points that make sense for your case.
    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
  • Silversurreal
    Silversurreal Posts: 69 Forumite
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    Oh I've read the newbies again and again believe me, and read the ridiculously long thing! Well scanned it, who'd read all that word for word as you say that they wont read it either, just say "oh no not another one" I get confused just looking at it;-)


    The appeal failure was probably about 2 weeks ago, the grace period was until the 5th May, I was told this doesn't affect when appeal to POPLA as long as within 28 days. I'm on the case!


    Cheers
  • Silversurreal
    Silversurreal Posts: 69 Forumite
    edited 12 May 2018 at 10:01PM
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    Came across this when searching for land owner. store images and proof it was closing down sale hence busy time in December.


    The store wasn't ever supposed to be there without the correct planning permission! I knew all the staff well and they all knew 2 years ago they would be forced to move out.


    Got pics of car park from google images cant see signs . On the dark night I visited on closing down week I never saw any signage. And now the car park is all dug out awaiting rebuilding for LIDL the staff told me this 2 years ago that they were forcing them out. Still don't know who LO are, but will keep trying. This the only store on this particular plot of land, the only shop, middle of nowhere off a dual carriageway. Why else would a person park there, as the keeper did for 105 mins! (15 mins over)


    Please read excerpt below from 2013 when store opened without planning permission






    Wymondham store that opened without correct planning permission is to meet with council bosses this week to lodge an application nearly four months after it started trading.














    Poundstretcher opened in the former Focus DIY store in Gateway 11 business park last September. But the store did not have permission to sell small goods which are sold in shops in the town centre.
    South Norfolk council wrote to Poundstretcher on September 12 and gave it the opportunity to apply for permission, but it did not respond to the letter and opened its doors on September 27.
    A High Court judgement relating to a similar case has strengthened the council!!!8217;s position regarding the breach and now the store had said it intends to meet with the council and apply for planning permission.
    South Norfolk Council spokesman, Jonathan Pyle, said: !!!8220;In 2007, the unit was granted planning permission with a condition prohibiting the sale of certain goods.
    !!!8220;The owners of the site have challenged this condition arguing that it no longer applied because of a subsequent permission that was granted for alterations to the unit.!!!8221;
    When Poundstretcher moved into the site a similar case was being considered in the Court of Appeal which would clarify the legal issue arising in both this and several other similar cases around the country.
    Mr Pyle added: !!!8220;The council!!!8217;s enforcement officer informed Poundstretcher of the planning condition and they told us that they were aware of the court case and if the judgement meant that they were in breach of the condition they would then make a planning application.
    !!!8220;The Court of Appeal has now determined the case and the judgement favours the council!!!8217;s position. We are still waiting for the written judgement but we will be contacting Poundstretcher again, urging them to make a planning application.!!!8221;
    A spokesman for the store said: !!!8220;We are hoping to set up a meeting with the council in the next few days, after which we will apply for planning permission.!!!8221;




    Will this revelation make any difference to my POPLA appeal ?

    Sorry copied some weird character template/macro /corrupted text - unable to edit My POPLA appeal will not be like this!
  • KeithP
    KeithP Posts: 37,638 Forumite
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    edited 12 May 2018 at 10:08PM
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    Will this revelation make any difference to my POPLA appeal ?
    Unlikely.

    Doesn't that article just say that in 2013 there was no planning permission to sell particular goods?

    Do you know, or can you confirm, whether Poundstretcher ever did get planning permission to sell those goods?

    Don't spend too much time on that as I cannot see that it has any relevance to your parking issue.
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