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Vague Locus
bobthesod
post Mon, 7 Jan 2019 - 18:56
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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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post Mon, 7 Jan 2019 - 18:56
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Redivi
post Tue, 8 Jan 2019 - 10:19
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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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cp8759
post Tue, 8 Jan 2019 - 12:31
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QUOTE (Redivi @ Tue, 8 Jan 2019 - 10:19) *
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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The Rookie
post Tue, 8 Jan 2019 - 15:40
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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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Churchmouse
post Tue, 8 Jan 2019 - 16:42
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QUOTE (The Rookie @ Tue, 8 Jan 2019 - 15:40) *
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
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cp8759
post Tue, 8 Jan 2019 - 17:12
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QUOTE (Churchmouse @ Tue, 8 Jan 2019 - 16:42) *
QUOTE (The Rookie @ Tue, 8 Jan 2019 - 15:40) *
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.


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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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nigelbb
post Tue, 8 Jan 2019 - 17:50
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QUOTE (cp8759 @ Tue, 8 Jan 2019 - 13:31) *
QUOTE (Redivi @ Tue, 8 Jan 2019 - 10:19) *
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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DancingDad
post Tue, 8 Jan 2019 - 17:55
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QUOTE (Redivi @ Tue, 8 Jan 2019 - 10:19) *
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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cabbyman
post Tue, 8 Jan 2019 - 18:01
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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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Redivi
post Tue, 8 Jan 2019 - 18:03
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The photos showed him entering and leaving X

The photos of the entrance, general signs and their positions were Y
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DancingDad
post Tue, 8 Jan 2019 - 23:43
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QUOTE (Redivi @ Tue, 8 Jan 2019 - 18:03) *
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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The Rookie
post Wed, 9 Jan 2019 - 06:41
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QUOTE (Churchmouse @ Tue, 8 Jan 2019 - 17:42) *
QUOTE (The Rookie @ Tue, 8 Jan 2019 - 15:40) *
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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