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Messages - Wellsy

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I've been doing some reading on successful POPLA appeals and have found this example:

In this case, I cannot see that the driver of the vehicle has been identified at any point in the appeals process. As such, the operator is seeking to pursue the appellant as the registered keeper of the vehicle. In PoFA it states under section 9 4(b) that the notice must be given by sending it by post, to a current address for service for the keeper, so that it is delivered to that address within the relevant period. Under section 9 (5) it states the relevant period for the purpose of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended. The date on the PCN is 12 January 2022. This is 24 days after the parking event, and so the Notice to Keeper was not given within the required timeframe. Accordingly, I allow this appeal.

My fine was dated 7th Nov, but the letter was issued 28th Nov. Can I use the above?

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Hi all, thanks for the replies.

Unfortunately, I'm no longer a member of the gym - should have added that point. I have emailed them and will attempt to call them tomorrow and at least try though.

I guess if they won't help it's time for a POPLA?

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Gym car park is owned / monitored by Smart Parking. They have two tablets on the front desk where you need to input your registration when you visit to get 3 hours parking. I received a PCN on 28/11 for a convention dated 07/11.

Original PCN: https://imgur.com/a/xtwyGyj

When I received this I contested it via their website. I did not give them any of my personal details, I just filled out the text box to words of this effect (I do not have a copy of the exact message I'm afraid)

I have visited this gym countless times and enter my registration every single visit, this incident was no different. Your tablets must have had an issue and not registered my entry. I will not be paying this.

I submitted that on the day I received the original PCN.

Today, 10/01, I have received further communications. Please see here: https://imgur.com/a/132mtul

I genuinely believe I entered my registration on the tablet, I've visited over 50 times and never forgotten. Of course, I cannot prove this - but how can they? In my opinion, just because other registrations were recorded that doesn't prove they were working at the time I visited. For instance, the internet could've dropped for a few minutes.

Feedback appreciated. I understand I probably shouldn't have contested it before consulting a forum such as this. A lesson learned.

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