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  • FIRST POST
    • JoeBloggs123
    • By JoeBloggs123 14th Apr 18, 1:53 AM
    • 5Posts
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    JoeBloggs123
    attach evidence?
    • #1
    • 14th Apr 18, 1:53 AM
    attach evidence? 14th Apr 18 at 1:53 AM
    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?
Page 1
    • KeithP
    • By KeithP 14th Apr 18, 2:25 AM
    • 8,724 Posts
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    KeithP
    • #2
    • 14th Apr 18, 2:25 AM
    • #2
    • 14th Apr 18, 2:25 AM
    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
    • By The Deep 14th Apr 18, 10:33 AM
    • 9,968 Posts
    • 9,766 Thanks
    The Deep
    • #3
    • 14th Apr 18, 10:33 AM
    • #3
    • 14th Apr 18, 10:33 AM
    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.
    You never know how far you can go until you go too far.
    • JoeBloggs123
    • By JoeBloggs123 14th Apr 18, 8:58 PM
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    JoeBloggs123
    • #4
    • 14th Apr 18, 8:58 PM
    • #4
    • 14th Apr 18, 8:58 PM
    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
    • By Quentin 14th Apr 18, 9:22 PM
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    Quentin
    • #5
    • 14th Apr 18, 9:22 PM
    • #5
    • 14th Apr 18, 9:22 PM
    The advice here is tried and tested - but you can take it or leave it - your choice/your PCN
    • KeithP
    • By KeithP 14th Apr 18, 9:23 PM
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    KeithP
    • #6
    • 14th Apr 18, 9:23 PM
    • #6
    • 14th Apr 18, 9:23 PM
    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.
    Last edited by KeithP; 14-04-2018 at 10:17 PM.
    .
    • Coupon-mad
    • By Coupon-mad 14th Apr 18, 9:57 PM
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    Coupon-mad
    • #7
    • 14th Apr 18, 9:57 PM
    • #7
    • 14th Apr 18, 9:57 PM
    With CEL you do not need evidence at this stage, just submit the appeal template only and they might fold.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • JoeBloggs123
    • By JoeBloggs123 15th Apr 18, 8:26 PM
    • 5 Posts
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    JoeBloggs123
    • #8
    • 15th Apr 18, 8:26 PM
    • #8
    • 15th Apr 18, 8:26 PM
    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
    • By KeithP 15th Apr 18, 8:37 PM
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    KeithP
    • #9
    • 15th Apr 18, 8:37 PM
    • #9
    • 15th Apr 18, 8:37 PM
    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?
    Originally posted by JoeBloggs123
    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
    • By JoeBloggs123 15th Apr 18, 9:26 PM
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    JoeBloggs123
    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
    • By pogofish 15th Apr 18, 9:32 PM
    • 8,794 Posts
    • 9,131 Thanks
    pogofish
    Hi, a general question which I couldnt find the answer to after reading the Newbies section and various other posts:
    Originally posted by JoeBloggs123
    Post one of the Newbies Sticky covers this completely....?
    • KeithP
    • By KeithP 15th Apr 18, 9:35 PM
    • 8,724 Posts
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    KeithP
    If you can find parts of PoFA that they have not complied with then that means that they cannot hold the keeper liable for the alleged debt. That won't necessarily stop them trying though.

    If they don't know the identity of the driver, then there really is no-one they can chase.

    This is all explained in post #1 of the NEWBIES FAQ sticky thread.

    Please also re-read post #7.
    .
    • Quentin
    • By Quentin 15th Apr 18, 10:35 PM
    • 36,872 Posts
    • 21,004 Thanks
    Quentin

    .......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?
    Originally posted by JoeBloggs123
    Use an email account you use for spam sign ups and a made up non working phone number
    • JoeBloggs123
    • By JoeBloggs123 15th Apr 18, 10:46 PM
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    JoeBloggs123
    Thanks. I read the Newbies FAQ section again.

    Just want to make absolutely sure re Post #7. The poster said: "With CEL you do not need evidence at this stage, just submit the appeal template only and they might fold." Does that apply even though I am too late for POPLA? The company's online appeal page says: "Appeals submitted online must have all documents attached. No consideration will be given to documents sent separately." So, is the poster saying this is wrong? (i.e. they WILL consider documents sent separately?)

    It may be obvious to you guys, you have lots of experience with these things. But I'm still unclear, sorry. Again, please excuse my ignorance.
    • KeithP
    • By KeithP 15th Apr 18, 10:51 PM
    • 8,724 Posts
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    KeithP
    No they won't consider documents sent separately.

    Please, just send the appeal.
    You have nothing to lose and everything to gain.

    Good luck with whatever you decide to do - if ever you do decide what to do.
    Last edited by KeithP; 15-04-2018 at 11:11 PM.
    .
    • Quentin
    • By Quentin 15th Apr 18, 10:55 PM
    • 36,872 Posts
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    Quentin
    If the appeal is too late for popla then cross that bridge - being late with an appeal doesn't mean they win!!
    • clowni
    • By clowni 15th Apr 18, 11:59 PM
    • 13 Posts
    • 1 Thanks
    clowni
    Please send your appeal, mine was sent late after date and was still considered so nothing to loose.
    • Coupon-mad
    • By Coupon-mad 16th Apr 18, 12:18 AM
    • 60,110 Posts
    • 73,255 Thanks
    Coupon-mad
    Send it, by email, NOW. No more faffing.

    CEL never comply with the POFA and the NEWBIES thread tells you that too (I name them and tell you they and a few others do not use the POFA!) so no idea why there are so many post on such a simple one to win.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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