Showing results for tags 'appeal'.
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Hi everyone, this is on behalf of my partner. Got "caught" by an inspector, but is unsure whether the Oyster reader (at the station, or the inspectors) is at fault; also, the inspector failed to issue the penalty notice, we think deliberately - he certainly took his time. Got a £50 demand .. appealed on line but was refused, got a standard reply and a futher £50 demand. Here are the details entered on line .. I have an Oyster card. On this occasion, I was under the impression I had touched in at XXXX. I either touched in at XXXX and it did not register, or I did not touch in (I have forgotten to do this before, so it is possible, but similarly, I have definitely touched in or out sometimes and the machine hasn't registered, in which case Oyster refund me for any overcharge). I was not actually issued with the penalty notice as the officer took too long to complete it, and he knew I was getting off at XXX (XXX to XXXX is a five minute journey). I attempted to hurry the process along, but he refused to look at documentation with my name and address and insisted on a lengthy telephone check. I got off at my stop and he was still writing the notice. I would have no possible motivation for evading the fare that day, as I tried to explain to the officer, who ignored everything I said. 1. My oystercard usage for the day was at £7.30, which means there was only another 40p to go before reaching the "cap" of £7.70. I definitely checked at the Oyster reader at xxxxx that I had sufficient balance for my journey, otherwise I would have topped up there. 2. I was on JURY SERVICE that whole fortnight, which means all my fares were reimbursed by the Juror's Office. Why would I deliberately avoid racking up a 40p charge, which would be paid for by the Crown? I am willing to pay a small charge but not £50.00. If you were to take it further, I can produce the printout of my Oystercard journey history (which shows me taking several journeys that day, to and from xxxxx, where the court is) and put the question to the court, is it logical I would deliberately avoid paying 40p which I was going to get back? . -
Hi, I received a call yesterday stating I had failed my work assessment at ATOS as I hadn't received enough points. The woman on the phone asked me many times and tried to force me to allow her to put me through to claim JSA. When I mentioned appealing she stated I would still need to apply for JSA as I wouldn't receive ESA whilst the appeal is pending. So my question is this the case?, If so this is disgusting. I have failed, appealed previously and won the appeal and had no gap in payments in between.
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Hello My wife parked in a bay 'reserved for a nearby college' on a large private car park in Birmingham City Centre. She had displayed a valid parking ticket for parking in the car park, (still have the ticket) but just mistakenly parked in a reserved space. She did not notice the signs stating that these bays were for the use of Matthew Boulton College only until she returned to the car to find the parking charge ticket. Only then did she notice the sign high up. Incidentally, the college was closed on this day as it was during Easter Holidays. They have sent photographic evidence, basically my car with Reg Plate. The car park is virtually empty!! Surely the cost of my wife's mistake does not resemble the charge!! I have read various ways of dealing with this. I have ignored all contact but they have now sent a 'Final Reminder' to me (Registered Keeper). Is there anything I need to do? Any advice appreciated. Many Thanks -
I have been parking in a private car park which charged £3 for the day, unbeknown to me the car park became managed by Parking Eye and a tariff was put in place. I did not see anything to say that price was going to change and in my usual rush to get to work paid my £3 and went off to work as normal. Then one day I happened to notice a tariff on the wall of the car park as I had parked in a different place and saw that it had gone up to £4 for the day, I bought another ticket (so I ended up spending £7). Then a couple of weeks later I received two parking fines for two separate days from parking eye both for £60 if paid early. I appealed the fines as I don't see how they can charge me £120 for an honest mistake. They have not accepted my appeal. It's obvious it was a mistake and that I did not realise that the tariff had changed I did not see any notice and the signs are not very big. It's obvious my intention was to park for the full day. Can anyone help me with my appeal to popla please? I sent parking eye a picture of the two tickets that I purchased on the day that I realised the price had increased to try to show them it was an honest mistake and how could they justify charging me £120 when I had underpaid by £1 for each day! Thanks -
I have a question on capability dismissal. I have recently received First warning on my performance. The ground for it is an assessment that I had a month ago. I had few objections on the assessment (the way the assessment was done, range of questions etc..). I have raised these issues on the formal meeting with my line manager and HR representative, but I still got First Warning. The formal letter I have received is mentioning my right to appeal to one of CEO. I do not think that it will make much sense to appeal as I believe this is happening with management approval. But I do not think that assessment was fair and I think I have enough evidences for this. My question is as following: if I will be dismissed and go for tribunal will it take into account that I appealed or haven't appealed on First Warning. Is it worth to appeal from this point of view? Many thanks. Emily -
Hello Finally & T.G., I won my ESA appeal. Please can I ask a few questions? (1) How long (roughly) will DWP take to pay arrears? (2) How will HB / CTB treat my case? (i.e. will an overpayment of HB/CTB be created whilst on Assessment Rate?) (3) Does DWP ever appeal the HMCTS appeal decision? (4) Do DWP take notice of any reassessment recommendations? (5) I have been advised by a few advisers to claim DLA / PIP but am stressed enough with claiming ESA. Is there any correlation between ESA and PIP decisions? Thanks (thanks for answering previous HB etc. questions)
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Hi guys (again), I hope somebody can help with this. I've just got a parking ticket from Wandsworth Council (again) for being "parked in a special enforcement area adjacent to a dropped footway, cycle track or verge lowered to meet the level of the carriageway". At that moment I was doing a big removal (Ashvale Rd, SW17) and as you can see from the photos there was no chance to park my van anywhere on that road so I parked right on the kerb (it was the only place to do it). I don't feel really confident with this one but just wanted to hear what do you have to say about this. Does anybody have any suggestions for the grounds for appeal? Many Thanks Tiago -
I paid for parking via mobile and received a penalty notice for non payment. The appeal went to POPLA, and APCOA then agreed in their statement that they had received payment but not my vehicle reg. I stated that I entered my vehicle reg with my payment details. APCOA claimed that they sent me a separate text message asking for vehicle reg. They did not. I did however receive a voice mail from them saying that payment process was complete and I was entitled to park for 24 hours, so I assumed that everything was in order. (APCOA haven't denied this message). POPLA denied my appeal, the assessor stated that I hadn't entered my reg details (even though I disputed this) so payment wasn't valid. What did I pay for if it wasn't parking? I followed exactly the instructions communicated to me and APCOA didn't have any loss of income. I cannot understand the assessors decision. -
Gemini Parking Solutions - POPLA Appeal
dundee777 posted a topic in Private Land Parking Enforcement
Hi I apparently recieved a PCN from Gemini Parking Solutions for parking in an unmarked bay at the London Aqautics Center at the Olympic Park on 27 Feb 2015. There were no prominent signs for parking or penalties in the car park. I was unaware of the PCN till I received a Reminder Notice letter on 28 April 2015 posted to my home address as the registered keeper of the vehicle for a charge of £100 now from £60 if paid within 14 days of the PCN. Stupidly before coming onto this site I appealed to Gemini Parking Solutions supplying my details stating that I was the driver. The PCN was not on my windscreen when I returned to the car it must have blown away as it's quite windy at the center with no buildings nearby. I appealed that I never received a PCN, obviously they rejected my appeal and sent me a image of the PCN on my windscreen (to my surprise!!!) and they claimed that their parking operative noted that the driver ripped up the PCN in front of him!!! - that never happened. They have now sent me a POPLA Appeal form, what should I do now. How should I appeal ? Thank you. -
Hi all, A few weeks back I received a PCN from CP Plus for overstaying my welcome at the Moto Dinnington Services. I appealed their decision via a rather lengthy letter that I sent to them via recorded delivery a couple of weeks back (can't remember the exact date without logging onto my computer at work and finding the serial number). I know they received it as it was signed for. This morning I received a 'Legal Action Pending' notice asking for £140 with no mention of my appeal! Why have they ignored it and what are my next steps to sort this out? Is this grounds for cancellation of the PCN? Thanks for your help in advance! -
Hi, We parked in an SIP car park in Manchester but, because we parked in a really narrow spot, I put the parking ticket in the back window (the one facing outwards) so the attendant would be able to see it properly but they gave me a PCN anyway and said it was because my ticket was not displayed. I wrote and complained that I had a valid ticket (which I sent them as proof) and that I had displayed it in the back of my car (and told them why) but they rejected my claims and still want me to pay the fine. What should I do? The PCN was also issued at 7.52pm and the car park became free at 8.00pm so a £100 fine seems a little extortionate too! Thanks
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Hello, A friend / colleague was struck off. She can not work as an RN since being struck off. After speaking with her earlier today, she has no intention of returning to the nursing profession (private or NHS) since the ordeal of the case against her. However - she does want to clear her name of any wrongdoing. At court, she was found guilty of neglect, a patient fell out of bed. In her court case, there are some concerns. 1. Her barrister didn't bring any of the witness statements from her colleagues which showed that the owner was infact lying and covering up in relation to her repeated request for maintenance. 2. On the night of the incident, my friend had to work a double shift (since there was no staff). 3. No attention given to the fact that the nursing home had approximately 10 or so managers in the 2 years prior to my friend accepting management position there. 4. No attention given to the fact and evidence that my friend requested a repair to the faulty bed, email sent to bed manufacturers, entry made in maintenance book, nursing home owners informed of bed. 5. At court, it was discussed that my friend disposed of the bed. It was then discussed that my friend was actually disposing of evidence. There are a few other inaccuracies and concerns for court case. Friend has given about £8,000.00 to the barrister dealing in the court case but feels that the barrister did not perform to the best of his ability since a lot of witness statements were ignored. I know the owner of the nursing home (he is a GP). From what I understand, various other managers worked at the nursing home and left simply because repairs and maintenance was ignored. My friend has worked in other nursing homes which were due to be embargoed. She is a very well known nurse and I know that some nursing homes actually have headhunted her because of her abilities to turn a bad nursing home into a good nursing home. I have worked with my friend in a hospital and she is one of the few nurses I would consider to go beyond their minimum required duty when dealing with patients. I have not worked with her in nursing homes, though, on two occasions i did have to make a visit to nursing home where she worked. After reason for my visit concluded, she showed me around the home as she was proud of the fact that she turned it from being closed down to that of a much higher standard. This nurse should not have been struck off. Is it possible so she can make an appeal? Clear her name? She feels that if full explanations and evidence was shown in court, then she would have been found not guilty, whilst the GP who is the owner of the home is found guilty? (Off topic, but I know of far too many GPs who own nursing homes) Any help / advice appreciated, thanks!
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Bit of background story first, I have had back problems going back to 2005 when I slipped 2 discs in a industrial injury at work. I have since been on ESA(before it was called ESA) then JSA and then back to ESA in Jan 2014. On Wednesday this week I attended my appeal tribunal hearing for my ESA claim I made back in January 2014. I didn't see the DWP appointed 'doctor' until November 2014 and after getting the decision, zero points awarded, I appealed the decision as I believed it was wrong. Since seeing the DWP 'doctor' in November my condition has worsened to the point that I can now barely walk and am in severe pain constantly in lower back and left leg sciatica. None of that matters though as it is how my condition was in November that counts so I could have been carried into the tribunal in a coffin and it would still have seen the same outcome. I would like to know if the information given to me by my appeal representative is correct and if there's any other options. I have been advised that I should:- 1. Commit fraud and apply for JSA stating that I'm fit for work and hopefully ride it out until May when I can put a new ESA claim in due to the 6 months rule. 2. Go to my doctor and make some other unrelated illness/ailment up that would stop me from working, my adviser said I should say to my Doctor I'm depressed due to this whole process!, and then start a new ESA claim using depression as the reason. 3. Do nothing and starve. 4. Something else I don't know about or been made aware of. Thanks.
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My husband and I separated 6 years ago due to his drinking. He stopped drinking then and is still dry now. When he left the family home he rented a property and as he he was receiving Incapacity Benefit he was encouraged to claim for Housing Benefit and Council Tax Benefit. However he did not tell them he was getting a work pension ( having been medically retired due to depression and 2 suicide attempts) and his pension was paid into my account and I paid his rent. 6 months ago the council wrote to say they had received information about the pension and needed details. He contacted his pension provider and sent them the details for the last 6 years. He was then interviewed under caution with a solicitor and told them he had given me his pension due to my being in financial difficulties but did not tell them I paid his rent. Before this interview they had recalculated his claim and he owes £30000 which he is repaying monthly. However when he told them I had been receiving the money they told me they would be looking into my Income Support and CVouncil Tax Benefit claims as I was claiming as I was a carer for my parents. They called me for interview in January and my solicitor told me to give a no comment interview as he thinks what they were trying to do was get me to admit I helped my husband with his claim forms so they could prosecute me for fraud. I did help him with the forms because he was detoxing the first 4 weeks from the alcohol and was in no fit state to do it himself and indeed has no recollection of that time. he has sent a doctors letter confirming that to the local council. In Feb and March I was called to 2 more interviews but on solicitors advice I chose not to attend. He said that if they needed to find out information they could do it but I was not to provide any Fast forward to last week when I received a letter from DWP saying I owe £12000 because I was receiving extra income i.e. my husbands pension so was not entitled to Income Support. I phoned my solicitor with a view to asking for a Mandatory Reconsideration on the grounds i was actually paying his rent from that money. My solicitor said I should get a letter from my husband to say I was paying the rent and provide them with banks statement from my account to prove it and they may look at it that I was actually paying him maintenance by paying the rent. He also advised seeing the CAB. This I have done today and she says I need to go back to the solicitor to ask whether my giving them bank statements showing the rent payment is going against the no comment interview or is that and the reconsideration 2 separate issues. As it stands husband says he will only write a letter if Dwp or local council ask him too. So my question really is can 2 people be overpaid benefits for the same money i.e. the pension ?? -
I attended Comer Business And Innovation Centre at North London Business Park managed by Secure A Space Ltd on the 19th of March 2015. On my arrival I attended the facility reception area where the lady on reception instructed and guided me to park in one of parking spaces available which was marked "Staff" and following on instruction given I Parked my car. I was even given a Visitor Parking Permit that I clearly displayed in the Windscreen After finishing and attending my car I realised my had parking ticket The Vehicle Registration on the PCN issued is incorrect however make, model and colour of the car is correct. I appealed this without mentioning my Car Registration on the basis that I parked based on instruction provided by receptionist and that she could be contacted if needed. However my appeal got rejected and I was given option to challenge it with POPLA. I want to ask very Important question: 1) Is this a valid PCN if it has INCORRECT VEHICLE REGISTRATION NUMBER? 2) Can it be enforced if I choose to ignore it? Any help would be highly appreciated -
Hi all Have this morning received 2 letters in reply to my appeal to parking eye. I am unsure what to do now. Could someone please advise hopefully they are attached below. Many thanks
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hi i need some help please.my girlfriend was driving my car she was in morrisons in acton london she over stayed in a free car park by 40 mins .she did not know that there was a time limit on this car park first we knew is when parking eye sent a invoice through the post. the reason she overstayed was she waited 25 mins for a parking space as on a friday people use this car park to go to friday prayers in the local mosque i copied a letter to parking eyes that i got from here Default Re: Parking Eye are at it again....... Appeal to Parking Eye as the Registered Keeper ONLY as follows (either by their online appeals portal or by post (if post GET PROOF OF POSTAGE)) :- Your name Your Address Date A Formal Appeal Against A parking charge Dear Sir Your ref; parking charge number xxxxxxxx Whilst the DVLA may have informed you that I was the registered keeper of the motor vehicle in question, at this stage I make no admission as to the identity of the either the keeper or the driver at the material time. This appeal is on the following grounds:- • Your Notice does not comply with the statutory requirements of Schedule 4 of the Protection of Freedoms Act 2012 and you are therefore legally barred from pursuing the keeper. • The £100 parking charge is excessive. It does not represent a genuine pre-estimate of loss caused by the alleged parking contravention; as such it is a legally unenforceable penalty charge. • You do not have sufficient contractual authority from the landowner to issue and enforce parking charge notices. You have set out your case in your parking charge notice; this is the response and the formal appeal. You therefore have two options; 1) Either accept the grounds of appeal and cancel the parking charge Or 2) Refuse the appeal and provide me with the unique 10 digit code in order that the matter can be properly referred to POPLAicon for independent adjudication. Finally, I have nothing further to add to this appeal and therefore will not respond to any further correspondence with your company; so either cancel the parking charge or provide the POPLA code as required by your industry Code of Practice. Kind regards (Print the name of the Registered Keeper here - do not sign it) and today i get a unsuccesful letter from them with a popla code on it i checked the code and it seems ok but in the letter its going on about the judgment from the judge from the parking eye vs beavis case as i am aware the judgment is expected after easter how can i appeal to popla i will upload letter from parking eye -
Appeal tribunal tomorrow...(ESA). Absolutely bricking it, haven't been able to sleep in days with the stress, feel much more stressed than the actual ATOS exam, keep reading the forum and see people taking representatives with them, what's that all about as I was unaware I know it's too late but what do they mean by representative, as it's only myself and my mother going. -
Hi, this is my first time on any forum so here i go. I drove into London not knowing what the sign you are entering a low emission zone incurred. I was sent 20 penalty notices in two batches to which i appealed, the county courts found in my favor and told me that they would take no further actions on the pnc's, but informed me that the tfl might not agree and they did not. TFL then sent me 20 copies of the original pnc's, i called them to tell my van complied to the low emission zone they asked me to send a picture of my vin plate which i did, that was in June of 2013. I heard no more them i thought the matter over. November 2013 i was sent 20 pnc's. to which i appealed they gave me four different dates for an adjudication hearing finally i got a date in August 2014. At the hearing they told me that they had sent me a warning letter i told them that i did not recived a warning letter, they then told me that every one in the country had been sent a letter explaining about the charge on entering the low emissinon zone in older vehicles. The adjudicator then said that she agreeded that i might not had been sent a warning letter - but ignorance was no excuse found in favor of TFL and the fines would stand and gave me 14 days to find £5000. I have not paid this is now up to £20,000 with the bailifs letters, i got to admit i burried my head in the sand with this. I just don't know which way to turn can you help? Many thanks -
Hello I parked in a local shopping centre car park and went to the library and shops. The parking was 3 hours for free. I went to leave before this time was up and noticed a new store round the back and went to have a look. The car park seemed to be a separate one so I thought it would be OK and stayed a bit longer. I received a Parking Charge Notice from ParkingEye in the post 2 weeks later saying I had overstayed by 33 minutes and was charged £100 or £60 if paid in 14 days. By the time I received it there were only 7 days left. I sent in an appeal and it was rejected by post which I received yesterday. My appeal was based on the following: (I sent it as the registered keeper and not driver but did not point it out specifically): The car was not improperly parked. I asked for evidence of where the car was between the times mentioned. Inadequate signage. Photos enclosed of the second car park with no signs visible in half of it. Unreasonable and disproportionate terms. £100 is not a realistic prediction of loss. Unethical use of ANPR (an unreasonable and disproportionate response to parking management) as per theInformation Commissioners's Office 2013 Data Protection Code of Practice for CCTV. It's a poor area and the shops there are mostly discount stores.P { margin-bottom: 0.21cm; direction: ltr; color: rgb(0, 0, 0); }P.western { font-family: "Liberation Serif","Times New Roman",serif; font-size: 12pt; }P.cjk { font-family: "DejaVu Sans"; font-size: 12pt; }P.ctl { font-family: "Lohit Hindi"; font-size: 12pt;* I am aware of my rights under the Citizen's Harassment Act 1997. Any more letters from them will be kept in evidence of harassment. I also sent evidence of purchase from one of the shops in the the form of a till receipt I sent a copy to the local councils and local MP. The MP said "It is difficult for us to give advice on parking fines, but we do believe that it may not be possible to enforce a parking fine when it is given for a parking infringement on private land. We aren’t totally sure about this so can’t definitely say it is the case, but that does seem to be what the situation is." The response from ParkingEye was: "You have provided evidence of purchase. However, please be adivised that this did not meet the discretionary criteria set by the landowner in this case. We are therefore writing to advise you that your recent appeal has been unsuccessful. This is because you have not provided sufficient evidence to show that you did not break the terms and conditions on the signage." The sent the POPLA form and "as a gesture of good will" have further extended the "discount" period another 14 days, half of which are already up because it was dated last week. What should I send to POPLA? Do I have a chance of winning and not going to court? I am feeling a lot of stress right now but have got this far because this seems really wrong! -
http://m.bbc.com/news/uk-31545417 If the forthcoming Court of Appeal case goes against the Bounty Hunting industry then people should start getting their claims in fast. If the Bounty Hunters are obliged to start refunding all of their victims, then they won't have enough money to do it. The result could be that they start closing themselves down pre-emptively. People should consider issuing small claims for refunds without hanging around too long -
Hello I parked on a double yellow line. I was given a pcn by the local authority, I was going to pay as i was in the wrong but i was advised that as the lines were broken and did not end in a t-bar i should appeal. I did. after various letters i recieved a notice to owner letter asking what my grounds for appeal were. I replied stating the broad facts and stating why i was appealing and i wanted go to the adjudication hearing. Today i received a letter saying my appeal was not recieved and i had to pay £195. yet I had replied to the same address with 2 other letters. I wrote back asking for the surcharge to be removed and give me a hearing date, I was polite. what do i do next.
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Hello. Any help or advice would be amazing. I had a loan in 2011 which I knew I had a couple payment remaining on when I moved house, I sent all of my creditors a letter confirming my change of address on but received nothing in writing from my loan company. I wasn't too concerned as there was only around 4 payments remaining. At this point I lost my job and could't make any further payments and I didn't receive anything in writing from them to chase payment so stupidly I assumed it was all forgotten. I have since got back onto work and have a good job now and recently applied for car finance which was declined, it was at this point that I checked my credit report and have realised I have a CCJ. I don't agree with the amount they claim I owe them but I would do anything to have it taken off my credit report. It was issued in 2012 to an address that I didn't live at so I had no clue about it otherwise I would have defended it. Do I have any grounds to get this set aside, what do I need to do? Please help me
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Hi, Is there a way to tell if an employment tribunal judgement has been made in default? I took my ex-employer to the ET, and, long story short, got a judgement for unlawful deduction of wages success. I was not requested to attend court, and heard nothing more on the subject for a while until I received the judgement in the post. It just says "JUDGMENT, The claim for unlawful deduction of wages succeeds and the respondent is ordered to pay forthwith, the sum of £xxxx.xx to the claimant. After the fourteen day of "interest free" deadline had, passed. I chased up the respondent for payment, who then claimed to be unaware of it. He subsequently wrote to the judge asking for the judgement to be revoked so he may submit a defence, claiming his registered office had moved address since the beginning of the ET procedure and he did not receive the court papers (response pack etc.) as issued by the court. The judges reply was essentially no, as the correct procedures had been followed in serving the documents. However, the respondent has since informed me that he is applying for the judgement to be set aside. Investigating through the likelihood the judgement will be setaside, it seems that not receiving the documents alone, is not sufficient reason, unless the judgement was made by default due to this. (he had not updated his registered office with the court nor companies house, and only moved address once the et process had begun) A) what is the likelihood of the judgement being set aside? B) How can one tell if the judgement has been made by default? Cheers -
I just wondered if it is normal practice for them to withdraw an appeal before having had any contact (save for the letter acknowledging my appeal). Do they have the right just to withdraw because they want to? Do I not have the right to a hearing even if they are sure they will win?>
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