attach evidence?

JoeBloggs123 · 14 April 2018 at 1:53AM

Hi, a general question which I couldnt find the answer to after reading the Newbies section and various other posts:

Do you recommend attaching evidence to a template appeal, when first disputing a PCN (e.g. photo showing car park signs obscured by grafitti), or should this wait until later? The BPA firm's website seems to suggest you only get one opportunity to attach evidence - that is, at the time you submit the online appeal. I assume that's rubbish and it's ok to submit evidence after the initial template appeal, even if this is evidence on a specific point which was not mentioned in the initial appeal letter?

KeithP · 14 April 2018 at 2:25AM

Just send the template appeal as it is. No changes required.

You cannot submit evidence for your initial appeal afterwards.

You can submit evidence with a subsequent appeal to PoPLA.

Who is your parking company?

The_Deep · 14 April 2018 at 10:33AM

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

JoeBloggs123 · 14 April 2018 at 8:58PM

Thank you both for your replies.

The parking company is CEL. I'm worried I may have left it too late, to get a POPLA code, because today I received a follow-up letter (bizarrely, it says 'final reminder' at the top, even though this is the first reminder I received).

I get that it's an unregulated industry etc.and I share everyone's outrage at these scammers. That's what drove me to search online and so I found this forum (albeit a bit late perhaps). But even so, wouldn't it help to attach photos with my online appeal, i.e. at the initial stage, to try and cut through all the crap that is sure to follow with one of these appeals?

Quentin · 14 April 2018 at 9:22PM

The advice here is tried and tested - but you can take it or leave it - your choice/your PCN

KeithP · 14 April 2018 at 9:23PM

As you have given no dates, no-one here knows whether you have left it too late either.

If you are too late to get a PoPLA code, then you are too late to appeal to CEL, but do that anyway. It al least shows that you tried to engage.

Have you sent the template appeal?

You appeal will be turned down whether you enclose pictures or not. The whole idea of appealing is to get a PoPLA code, but if you have left it too late to appeal, why are you asking about sending pics?

Send the template appeal now, before it really is too late.

Coupon-mad · 14 April 2018 at 9:57PM

With CEL you do not need evidence at this stage, just submit the appeal template only and they might fold.

JoeBloggs123 · 15 April 2018 at 8:26PM

I will send the template appeal soon.

Can I just check on what you mean by "If you are too late to get a PoPLA code, then you are too late to appeal to CEL". I think I am too late for POPLA code. So are you saying in that case, no appeal is possible at all? Surely by appealing online this is still a valid appeal to the parking company, even if it is too late for POPLA to get involved?

One further question. The appeal form asks for email and phone number (mandatory fields to be filled in). I don't feel comfortable disclosing contact details. What is the advice here / what do people normally do?

Excuse my ignorance on all of this, I am not an expert like you guys, and I really value your guidance.

KeithP · 15 April 2018 at 8:37PM

JoeBloggs123 wrote: »

Can I just check on what you mean by "If you are too late to get a PoPLA code, then you are too late to appeal to CEL". I think I am too late for POPLA code. So are you saying in that case, no appeal is possible at all? Surely by appealing online this is still a valid appeal to the parking company, even if it is too late for POPLA to get involved?

The BPA CoP says:

22.7 We consider it a reasonable timescale to allow 28 days from the issue of the parking charge notice (in whatever format you send it) to allow the driver, keeper or hirer to appeal the enforcement action.

Yes of course you can appeal to the operator outside that timescale, but the operator is a) not obliged to consider that appeal, and b) does not have to supply a PoPLA verification code.

JoeBloggs123 · 15 April 2018 at 9:26PM

Thanks KeithP...understood.

Do they nevertheless still have to comply with POFA? (Meaning, if I can find parts of POFA which they have not complied with, then I can use that in my defence?)

pogofish · 15 April 2018 at 9:32PM

JoeBloggs123 wrote: »

Hi, a general question which I couldnt find the answer to after reading the Newbies section and various other posts:

Post one of the Newbies Sticky covers this completely....?

attach evidence?

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