NEW POPLA decision refused - what now?

Lauren1911 · 12 December 2013 at 3:09AM

Hi,

Sorry this is long...complicated!

Firstly, I have read all of the relevant threads and posts, and although I have found them really helpful previously - today I just can't find an answer!

Like many, I received a parking ticket at Excel parking - Peel centre. My husband bought the ticket but didn't realise he had to put our car registration in (English not his first language). We stayed 22mins and paid the appropriate amount.

However, not realising the new system (computerised) we received a parking charge. Luckily we kept the ticket, so I phoned Excel and explained and they told me it was an "easy mistake to make" and that I should appeal.

I predictably got refused.

I then googled and read many blogs and forums stating how corrupt they were and that I shouldn't pay. However, I went to my local Citizens Advice where they told me to either ignore it or appeal to POPLA. More specifically they said the best idea WOULD be POPLA as it would "definitely be accepted" as I still had my original ticket.

Literally 2 hours ago, my POPLA email came through. It had been refused as, although I had "not been deceitful" I had not adhered to the full terms and conditions of Excel.

I am now at a total loss having read the forums about how to win a POPLA appeal. Am I too late to do anything??

My husband and I currently live with my parents whilst we save for a deposit and I don't want to get them involved, but I'm worried about the threat letters.

Any advice would be so helpful and I would greatly appreciate anything!

Thanks in advance,
Lauren

Stroma · 12 December 2013 at 6:57AM

Did you get any help in the wording of your popla appeal? Did you follow our advice on here and use stuff like not a 'genuine pre estimate of loss' and not use mitigation, like my husband couldn't understand the machine and the wording?

Because if you have used mitigation you've blown your chance at popla as they do not do mitigation at all. But their decisions are not binding on you at all, and it can be ignored. Unless you get a letter before claim from Excel (not powerless debt collectors), then you must come back here for help.

Another way is make complaints to the peel centre because you've paid, have you done this? If not, why not ? Tell them a payment has been made, there is no loss, the machines are faulty as they should not accept payment without the reg number being inputted, and a simple mistake was made because your husband speaks and reads very little English

kirkbyinfurnesslad_2 · 12 December 2013 at 7:53AM

Could you post up the decision refusal pls.

Guys_Dad · 12 December 2013 at 8:03AM

Excel may either get toothless debt collectors or solicitors to write to you or issue court papers /letter before claim if you don't pay.

Ignore the letters from debt collectors or solicitors unless they state they are letters before claim/action. Come back if you receive a Lot or anything from Northampton Court.

If you are worried about a Christmas then realise that this would only apply if you lost in court and then didn't pay after that.

See sticky on LBCC and other threads on court papers.

But the POPLA decision is not binding on you.

Get-Out-Of-Debt · 12 December 2013 at 11:09AM

Within the next few days you'll receive a letter from Excel along with the PoPLA decision. This letter will be headed NOTICE OF INTENDED COURT PROCEEDINGS but if you read carefully it will say may - not will. It seems like a general standard letter sent with all disallowed PoPLA appeals. Used principally as a debt recovery tool to coherse you into settling. It will give a deadline date for payment. IMHO it is not a LBCCC/LBA. This will either, as stated above, go to a DCA or Excel will indeed decide to do court.

Coupon-mad · 12 December 2013 at 7:48PM

Please post up your appeal wording and the POPLA decision. You'd have won this easily if you'd just come here rather than getting the usual duff advice on parking ticket matters from the CAB. I even have a suitable POPLA appeal wording for this exact scenario at this exact car park, which I give as a link when asked by newbies. We have new threads about the Peel Centre every single day and everyone wins...sorry.

Never mind. Don't pay, you'll possibly get a court case to defend but if you get advice from us rather than the CAB I suspect you'd find it very defendable at any hearing.

Lauren1911 · 15 December 2013 at 2:42AM

So sorry for the late reply - had problems logging in!

I had no idea about these forums, and just took advice from Citizens Advice. I can see how helpful they are!

I did not state that my husbands second language was English as he has a degree in the language, however it was cultural. He had no idea about the new computer system, neither did I to be honest. We just presumed someone would see our ticket on the dash board.

I will get a copy of the letter up ASAP. It basically stated that I had failed to buy a 'valid' ticket. There was no dispute about me actually purchasing the ticket.

I find it very odd that POPLA refuse appeals like this on what seems to be a daily basis. I expected it from Excel!

Off to the Citizens Advice again on Monday, so I will let you know what they advise.

Thank you so much for all of your advice. I'm printing it out and taking it with me!

Lauren1911 · 15 December 2013 at 2:45AM

Sorry just read your last post. My parents are quite intent on me getting advice from the CAB. I totally appreciate your help though, and will take in all of your advice.

Thank you for your help.

Maybe there should me more links from google, I only discovered these forums last Thursday.

Stroma · 15 December 2013 at 7:55AM

There's no point going to CAB as they are utterly useless on this, they advise on the information provided by the British Parking Association, they are the trade body of parking companies, and have directors from the industry, in other words they are biased!

What you receive here is the most up to date advice from people who have seen this tens of thousands times, we along with pepipoo.com are the experts on this, I'm not blowing our own trumpets here, but simply giving you the facts of the matter.

The advice now is to ignore them unless a notice before claim arrives, Excel do court on occasion, but out of almost 100k tickets

https://www.whatdotheyknow.com/request/registered_keeper_details_reques

They went to court 66 times in a year

https://www.whatdotheyknow.com/request/small_claims_from_bpa_aos_member_2

This is a fact, not something we are just saying for the sake of it, it's vanishing small chance of going to court by these vermin. And if they do decide to take you there, we can help with a defence, and even if you lose you can pay before any ccj is registered, normally within 28 days.

The CAB will advise you to pay now, which is awful advice considering the odds on the case going in that direction, you will receive some letters from Excel and their powerless debt collectors, and that is it! As I said they must give you a compliant letter before claim before anything can proceed further

kirkbyinfurnesslad_2 · 15 December 2013 at 9:16AM

Lauren1911 wrote: »

Sorry just read your last post. My parents are quite intent on me getting advice from the CAB. I totally appreciate your help though, and will take in all of your advice.

Thank you for your help.

Maybe there should me more links from google, I only discovered these forums last Thursday.

But you wont take the advice that you are wasting your time going to the CAB.
You will go their, they will look bemused, give you some "fact" sheet and tell you to pay.
You will then come back here and say you dont know what to do.

So why exactly are you going to the CAB when they know nothing about this issue.......
Its a bit like me going to ask my butcher about buying fish

hoohoo · 15 December 2013 at 10:34AM

All appeals for the Peel centre, Stockport have been upheld where Excels parking charges have been called into question.

Ironically there is no way of knowing this without finding this site first because POPLA refuse to publish their judgements.

POPLA also can't decide on an appeal point unless you bring it up.

Did you, anywhere in your appeal to either Excel or POPLA mention that the charges were too high or did you tick the charges too high appeal box?

If so, then let us know. Otherwise, you could either ignore, and wait for a letter before action, or send your own letter.

Ignore until letter before action
PROS - does not raise your head above parapet. Easy to do
CONS - the letter before action may go 'missing' or they may just do court without sending one

Proactive
PROS - will look good if it goes to court. may scare them off
CONS - may make them want to single you out and go to court anyway.

Your choice!

Dear Excel,
I deny any debt is due. Unfortunately POPLA failed to consider the point that your charges are excessive. Although I did not raise this point specifically, POPLA are well aware of this, having ruled against you whenever this point was raised. Should you fail to cancel the charge I will complain to the BPA and DVLA that you are breaking their code of conduct. I will not be paying this charge unless ordered to by a court and if you take this route I expect you to first send me a letter before claim compliant with practice directions and to mitigate costs at every opportunity.

NEW POPLA decision refused - what now?

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