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  • FIRST POST
    • Bean789
    • By Bean789 15th Sep 18, 4:25 PM
    • 3Posts
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    Bean789
    HIghview POPLA - Warrington gym
    • #1
    • 15th Sep 18, 4:25 PM
    HIghview POPLA - Warrington gym 15th Sep 18 at 4:25 PM
    I have had a rejection letter from Highview after submitting the standard template appeal from the NEWBIES thread.
    They have not provided any evidence other than the 2 photos of the car entering and exiting the car park even though the appeal asked for all evidence including pictures of the signs in the car park, so can they rely on this in POPLA stage if they choose then to provide it?

    I am currently writing my POPLA letter and have the relevant template points from the NEWBIES thread:

    1. This Notice to Keeper (NTK) is not compliant with the Protection of Freedoms Act 2012 (POFA) due to the dates and the wording used.
    2.The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge
    3. Highview Parking Ltd. lacks proprietary interest in the land and does not have the capacity to offer contracts or to bring a claim for trespassing
    4. The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself

    Also, the signage at the front of the car park said 'For Gym Members Only' but did not specify a gym (there are 2 equidistant from my space) and allegedly used the 'wrong' gym to be able to validate parking. The terms and conditions weren't seen at all because they were car height (and so blocked by the parked cars there) and along the wall of the gym that wasn't walked past. Highview did not consider this mitigating circumstances in the rejection letter but is it worth adding to my POPLA letter?

    I have pictures of the gyms relative to the parking space and of the signage but cant upload due to being new.
Page 1
    • Redx
    • By Redx 15th Sep 18, 4:28 PM
    • 19,874 Posts
    • 25,173 Thanks
    Redx
    • #2
    • 15th Sep 18, 4:28 PM
    • #2
    • 15th Sep 18, 4:28 PM
    use any and ALL points to beat them at popla, including signage issues etc (including the ambiguity)

    yes they may provide popla with an evidence pack and can put whatever they like in it

    concentrate on making this as hard for them as possible with a detailed long appeal with several appeal points , including everything you have said above
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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