Vague Locus |
Vague Locus |
Mon, 7 Jan 2019 - 18:56
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#1
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Member Group: Members Posts: 277 Joined: 29 Aug 2017 Member No.: 93,755 |
I have asked this in another thread but had no answer
Am writing out a defence should it go to POPLA re a PPC where the location of the 'infringement' is shown as X ( name of shop) Y name of place However the HO of said shop is also in Y Could a vague locus argument add any weight to the POLPLA appeal? Already they are out of time so have failed 9-2-5 (Parked on 12 Dec letter sent 2 Jan), plus they also fail on sect 9-2-e and f Although the car park has notices advising on a max of 1.5hrs parking and refer to ANPR they direct you to a notce at the entrance However there are two doors to this entrance foyer and if you entered by the other one and shopped and then exited via the same the notice is not passed There is also in the small print that the ANPR could also be used for criminal purposes (Is this also a no-no) Hopefully my main point to them on the intial appeal will be that they are outside the timescale as mandated ( and hope they will see sense and cancel it at this stage) |
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Mon, 7 Jan 2019 - 18:56
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Tue, 8 Jan 2019 - 10:19
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#2
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
I've never found POPLA to be persuaded by vague locus
They've accepted a car park with no address and an obsolete postcode that covered half of central Plymouth They've also accepted Asda (town) that had at least four possibilities I've even known them to accept wrong addresses with operator photos showing completely different car parks, including the name on the entrance sign |
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Tue, 8 Jan 2019 - 12:31
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#3
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I've never found POPLA to be persuaded by vague locus They've accepted a car park with no address and an obsolete postcode that covered half of central Plymouth They've also accepted Asda (town) that had at least four possibilities I've even known them to accept wrong addresses with operator photos showing completely different car parks, including the name on the entrance sign I've never looked into POPLA but it makes me wonder why anyone bothers. Surely the county court is a better choice. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Tue, 8 Jan 2019 - 15:40
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#4
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Because if you lose at POPLA you can still defend in court, and because in total more than 50% succeed by appealing to POPLA.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 8 Jan 2019 - 16:42
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#5
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
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Tue, 8 Jan 2019 - 17:12
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#6
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Because if you lose at POPLA you can still defend in court, and because in total more than 50% succeed by appealing to POPLA. In other words, it's a free one. It used to be both free and useful, but those days have long gone... --Churchmouse If you're a defendant, you defend your claim successfully and don't file a counter-claim, the county court is also free. You even get to claim (some) costs. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Tue, 8 Jan 2019 - 17:50
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#7
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Member Group: Members Posts: 3,768 Joined: 17 Mar 2013 Member No.: 60,602 |
I've never found POPLA to be persuaded by vague locus They've accepted a car park with no address and an obsolete postcode that covered half of central Plymouth They've also accepted Asda (town) that had at least four possibilities I've even known them to accept wrong addresses with operator photos showing completely different car parks, including the name on the entrance sign I've never looked into POPLA but it makes me wonder why anyone bothers. Surely the county court is a better choice. Appealing to POPLA is 1/10 of the effort & 1/100 of the stress of defending a small claims court claim for the vast majority of motorists. -------------------- British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012 |
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Tue, 8 Jan 2019 - 17:55
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#8
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
I've never found POPLA to be persuaded by vague locus They've accepted a car park with no address and an obsolete postcode that covered half of central Plymouth They've also accepted Asda (town) that had at least four possibilities I've even known them to accept wrong addresses with operator photos showing completely different car parks, including the name on the entrance sign Must admit I am amazed at that. After all, PPC says I broke contract terms in X but I was not parked in X and their own photos refer to Y would seem fundamental on a claim |
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Tue, 8 Jan 2019 - 18:01
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#9
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
The wonderful world of PPCs and POPLA.
It gets even better if you're daft enough to go to the kangaroo court that is IAS, who, allegedly, guarantee to reject 80% of appeals. -------------------- Cabbyman 11 PPCs 0
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Tue, 8 Jan 2019 - 18:03
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#10
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
The photos showed him entering and leaving X
The photos of the entrance, general signs and their positions were Y |
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Tue, 8 Jan 2019 - 23:43
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#11
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
The photos showed him entering and leaving X The photos of the entrance, general signs and their positions were Y If I am understanding, that's a little different then wrong location. They have the location correct but fecked up the evidence on signage. Which should be enough to throw it out but.... |
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Wed, 9 Jan 2019 - 06:41
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#12
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Because if you lose at POPLA you can still defend in court, and because in total more than 50% succeed by appealing to POPLA. In other words, it's a free one. It used to be both free and useful, but those days have long gone... 50% sounds pretty useful especially when its a sure fire that at least 25% of appeals are 'inept' using mitigation which is a sure fire failure. 50% is about 150% better than the IAS 20%! -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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