corsairrunner
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Hi guys, Feels funny coming back to this thread 12 months later from the point of initially posting it. My case was adjourned due to the ParkingEye Limited vs Beavis case as the majority of my appeal was based around GPEOL. Today POPLA have emailed and asked me if I wish to submit any further evidence within the next 7 days before the case is heard. Is there any further evidence I should look at submitting based off of new information in relation to the above case? Or shall I just let it go to appeal with my current appeal as is? Cheers Luke
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Hi guys, Appeal is due to be reviewed today, just to give you a further update, I submitted the following further evidence on Friday: https://www.dropbox.com/s/i7eh69rtkvgi9dr/Ref%20appeal%206860195039.pdf?dl=0 PPS replied with: https://www.dropbox.com/s/owxkb33mv1ch616/REPLY%20TO%20FURTHER%20EVIDENCE%20TO%20POPLA%20APPEAL%206860195039.pdf?dl=0 Doesn't seem to me like they've actually answered any of my appeal points, they've just repeated their case summary which in my mind isn't adequate. Fingers crossed we get a good result today.
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Going to have a proper mull through this later, as I said I had 15 minutes to knock it out and the content has likely suffered as a result. I'll be sure to clean it up before sending. In relation to sticking to the points of law, unfortunately I'm not well versed in civil law so I'm kind of winging it from the small amount of reading I've done. I'll have a proper read through the content this evening and update accordingly.
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Thanks, had to write this up a bit quick on lunch so didn't have a chance to proof read, will make necessary ammendments later, I'll remove the link for now as I don't have the ability to edit the doc at this time
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Please see the document I've prepared to send to POPLA, hopefully this should be sufficient, I know I've repeated points a number of times but I really wanted to drill the point. -Link removed briefly until edit- Thank you so much for your help up until this point ericsbrother!
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Hi guys, Just wanted to run this post past you guys before I submit it to POPLA. Any feedback would be appreciated. Ref appeal xxxxcc Please add this evidence to my case file, it refers to PPS’s evidence forwarded to me on 27/02/2015 I would argue that the majority (if not, all) of their GPEOL costs are as a result of preparing evidence for POPLA, which is a consequence of their own actions, opposed to any loss in relation to the actual parking event itself which is ultimately what their £60.00/£100.00 charge should reflect, how could PPS present me with a £100.00 charge when it isn't at all accurate UNLESS it goes to appeal, only when it goes to appeal do PPS fabricate this £100.00 GPEOL. This leads me to believe PPS’s only legitimate loss in this situation would be the costs of the operative putting the ticket on my vehicle as the parking ticket was in fact paid and all of their loss is entirely dependent on the case going to appeal, if it didn’t go to appeal, they can never substantiate that the £100.00 PCN is remotely accurate to the loss they incur. Finally I would like to point out that I requested the actual contract from PPS to determine whether the supposed “loss” is theirs or the land owners, they refused to provide that contract and instead provided me with a witness statement that will not suffice due to the points listed in my appeal. It is obvious to me, having done some research, that PPS are guilty of constantly messaging their figures in relation to POPLA appeals, they’re always finding weird and wonderful ways of attaching costs to their staff, previously they used directors quality checking which is obviously codswallop, that got refused in appeal, now PPS have amalgamated it in to their “POPLA Manager” and admin costs. The fact is, their GPEOL is unrealistic and hinges entirely on the PCN going to POPLA appeal, given that roughly 2% of PCN’s ever make it to appeal, I find this GPEOL and the £100 PCN farcical.
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How would you recommend I present this to them? Do I need to create a word document to that effect and e-mail it to POPLA? Any help with how to present the point would be much appreciated.
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Do I need to highlight that to POPLA or can I have faith that POPLA will recognise that flaw when they come to reviewing the appeal?
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Hi guys, I've had a summary of evidence from POPLA, including the GPEOL from PPS etc, can someone have a quick scan of this just to see if there's anywhere easy to trip them up? https://www.dropbox.com/s/fgxbvk67pjfgcr9/Case%20Summary.pdf?dl=0
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Hi guys, Just to give you an update, I've submitted my appeal, as recommended in the previous post I didn't bother changing anything in relation to the content of the appeal other than changing the POPLA code obviously! I'll come back to you with any updates I receive. Hopefully this results in a win! If not I'll be back for more advice. Thank you for your help up until this point!
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I haven't yet received the NTK, should I just enter this part in to my appeal incase the NTK doesn't include this information? Concerned that if they've changed their NTK they may see the appeal I'm submitting as inaccurate and that may go against me?
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Having read through the appeal, it appears only the section about the signs stating there could be potential police action and the font size of the £100 tariff has changed on their signage so I will edit those sections accordingly. Given that the crux of this argument seems to depend on the GEPOL hopefully it won't change much. Just for my understanding can you confirm what the "NTK" is in this context?
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Thanks so much for your help! I'll submit the appeal later today and let you know what they come back with!
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I'm finding it hard not to get lost in the amount lingo and legal points in this document, could anyone briefly highlight given the subject of the thread, which of these sections I should remove/edit to cater to my scenario, also the signage I've linked is (I would assume by the content in the appeal) different to that of the parking signage this chap was dealing with.
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https://db.tt/M9j0vLTd https://db.tt/JwkLhhWH https://db.tt/Dl0GqaX9 Pictures of signage in the parking area, please advise.
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Removed link due to being unable to showing personal data, will edit accordingly later
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They included a (somewhat bad) picture of the parking signage on their reply. I'll see if I can upload it, failing that I'll go and grab a picture of it later. Thanks for your help so far! I'll update this post with the necessarys later.
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Hi guys, I've received an email refusing my appeal on the basis the ticket wasn't visible. They've included a POPLA appeal number in the letter. Is there anyway I can attach a copy of the letter to this thread for your review?
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I'll post the appeal reply once they contact me, can anyone explain the legal reason why it won't hold up in court? I'm ex-police so quite interested in the legal technicalities that result in it almost never going to court and what the success rate is like when ignoring.
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Okay, I'll sit tight for now, shall I leave this here to update when I hear from PPS? Or just delete it and create a new thread once I've heard back from them?
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Yeah I pretty much identified myself as the driver, appreciate that was likely a mistake and should've asked for advice prior to submitting the appeal.
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Yeah appeal already sent unfortunately! What's the NTK?
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Hello, Thanks very much! Date of the offence was actually today 12/01/2015, from what I've read in various places and what it says on the website it seems likely it's going to be rejected, so was hoping to get some information on how to proceed assuming it does get rejected to avoid shooting myself in the foot. Any advice?
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Hello, I wonder if you can assist, this evening I parked in a "PPS" pay and display car park, I paid for my ticket and put it on the dashboard, however it was particularly windy. Upon my return I have a parking ticket and look through to see the ticket facedown on the dashboard, I filled in an initial appeals form attaching a picture of my ticket showing I paid to park there, however after reviewing their website it says the following: Appeals will NOT be considered for the following reasons: Your ticket fell down/was blown off the dashboard/on the seat etc. Your ticket was not displayed clearly, face up, on the dashboard of your vehicle You forgot to display your ticket You went to get some change You did not know it was a Pay & Display car park You were only a few minutes overdue You only stopped for a few minutes This seems backwards to me as they're making a claim for loss, but there's no loss? I paid to park there, the ticket was just incorrectly displayed. Is there anyway I can fight this? Any advice on how to proceed would be much appreciated!
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