Recent Posts

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71
Hi @MrChips & @Incandescent - It's more like ignored than didn't receive. Unfortunately due to personal circumstances we did have a bunch of post that didn't get opened over the last few months and it's likely it's in that pile.

So you haven't actually had it for sure - you are assuming it's in a pile of post somewhere?  Not sure where the law stands on this - but if you do find it an open it and it likely arrived in time, then you wouldn't be eligible for an out of time application.  If you never opened it and can't find it, who's to say if it ever arrived or not?

NB you must not lie about this.  You can only legally file the application if you believe you did not receive it. I don't think this means you are obliged to assume you did receive it if you haven't actually seen it.
72
Private parking tickets / Re: PRIVATE PARKING CHARGE
« Last post by jfollows on Yesterday at 10:11:00 am »
There are multiple angles to contest this.

  • The PCN is not compliant with the requirements of PoFA 2012 to transfer liability from the unknown driver to the registered keeper, provided the driver is not identified, for example because it does not specify a "period of parking" as required by the legislation. Plus other failures I'm sure.
  • Promissory estoppel applies because the driver sought and obtained permission from the operator on the land to leave the site. Any claimed contractual obligation not to leave the site was over-ridden by this.
  • Leaving the site is almost impossible to prove anyway.
See what other say before deciding on the best approach here.

And stop identifying the driver when you post, or in any communication with the parking company. https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
73
Private parking tickets / Re: PRIVATE PARKING CHARGE
« Last post by RubbishWithCars on Yesterday at 09:59:12 am »
Thanks for letting me know.

Can you try the below links please

https://postimg.cc/gallery/9ftvRdM









74
Of course, it’s a matter of law.

Your POPLA appeal is a good basis for a defence to a county court claim, if POPLA rejects it. POPLA is not a court and is often incompetent. A court can’t ignore appeal points because it finds them too difficult. In any case, it’s normal for court claims to be discontinued if properly defended; the reason they’re brought is because they either make people pay up or they get ignored, and if ignored the claimant will obtain a default judgment. In either case the bringing of the claim costs nothing other than the time of the people raising the forms.
75
Yes, it sadly is. In November Barnet changed back office contractor from NSL to APCOA who only give you a reference number which you need to copy before you close that page.
76
Cut out the penultimate paragraph, as it contributes nothing to your reps, and only winds them up. You want cancellation.
77
Have filled in the online first stage challenge - got through to a confirmation page, but no confirmation email. Is this normal?
78
Thanks.

Yes I have the same worry from experience too. Praying that it lands with an assessor who actually has a brain instead of a peanut.

I wonder if people are also making complaints to popla in regards to this. It would certainly benefit.

Quick question if this appeal is not allowed and it goes to court do the judges recognise non pofa compliance then?
79
Looks good.

It is, as you say, a lengthy appeal.

My worry (based on experience) is that the POPLA Assessor will 'skip over' the very awkward POFA statutory wording issue and simply say that, "I have examined the notice and it contains all the information required by POFA".

POPLA find it very difficult to engage with these POFA wording appeal points on ECP NtKs since they are not actually compliant - therefore the Assessor is forced to find a way to get around each appeal point without actually addressing it.

In simple terms; by including multiple appeal points you give the Assessor the opportunity to focus on the subjective appeal points whilst deliberately ignoring the objective requirements of POFA.
80
That's a shame, she's just literarily given £50 away for no reason when this was a super simple win at appeal.
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