Parking Ticket from CMS UK Ltd

Coupon-mad

Billtheboy wrote: »

From the POPLA website




Not showing my blue badge while in a disabled bay does not fall under the criteria on the above


I am a little confused - it would seem POPLA reject your appeal then even they advise to pay in time before the price is hiked up....This is a mine field:o

Come on, be realistic, POPLA haven't a clue yet what they are doing and they are hardly going to have that as an individual appeal point.

You are making this into a mine field when it isn't.

Do as the Slithy Tove suggested, just pick the applicable headings and then cite the law as I already explained it to you.

You are covered by the Equality Act, and the Blue Badge scheme is wholly irrelevant - FULL STOP.


This is an old old old thread.

If you are reading this after 2013 you are utterly wasting your time.


Please go to the current forum and learn about the current advice - see my signature which tells you where to click to find CURRENT advice!

Billtheboy

OK......I need to look at the grounds for the POPLA appeal if I should need it.

Now to digest the EQUALITY ACT :mad:

esmerobbo

Grounds of appeal

The grounds under which you can appeal the parking charge notice are as follows:
The vehicle was not improperly parked:

It was a disabled persons car, parked in a disabled persons parking bay!

Billtheboy

Hi

I have been trying to formulate an appeal to POPLA in advance.. in case my appeal to the PPC gets refused - I am going into hospital in about 2 weeks so I will be unable to sort this out within the 28 days for a POPLA appeal - The problem is I have so many grounds for appeal and thinking of stating them all with some photo evidence and some video evidence - will POPLA look at ALL this evidence or just one point of appeal?

Is there a time limit for the PPC to reply to my appeal and what to do if they run over this - as I understand it you only have 28 days from ticket issue to appeal to POPLA and the form you need SHOULD be with the letter from the PPC along with their rejection.......

Any help would be appreciated

Please bear with me on this I am digesting lots - I have been ignorant to the scam of PPC's until now - I had not realised the hassle some are going through because of PPC's.

Thanks

RENEGADE_2

The easiest letter to Grandma (POPLA) will be that your antagonist, the PPC, is demanding more money than what reflects losses and is therefore unenforceable, the end.

Grandma's response is of no importance. Atleast you'll have cost the PPC £32.

Coupon-mad

This is an old old old thread.

If you are reading this after 2013 you are utterly wasting your time.


Please go to the current forum and learn about the current advice - see my signature which tells you where to click to find CURRENT advice!

Billtheboy

I wonder if I could send the appeal letter to you and see what you think?
once I have done it that is.

The video will be on a DVD each clip as a menu item referenced to in my letter - I will also send it as a data file for playing on a pc with windows media player.

The other point that has been brought up in another thread was IF my POPLA appeal was to be rejected this may give the PPC additional grounds for actually going to court - what are your thoughts on this?

I know even if I am rejected by POPLA I have no other obligation ! I cant help but think this would give the PPC ammunition if they chanced their arm in court?

Thanks for reply

Coupon-mad

If they were daft enough to go to Small Claims when you were a disabled person parked in a disabled bay then they simply would not win! And you'd have lots of other points in your defence and would get personal message help from posters here too. You'd win.


This is an old old old thread.

If you are reading this after 2013 you are utterly wasting your time.


Please go to the current forum and learn about the current advice - see my signature which tells you where to click to find CURRENT advice!

Billtheboy

Well I received notification today that POPLA have upheld my appeal to them on the grounds the PPC did not demonstrate that they had sufficient proprietary interest in the land they were operating on when I received my ticket

POPLA did not use any of the other evidence of the PPC's failure to follow the BPA COP - as they did not need to.


I have dug a little further and I assume there is NO written contact / agreement between the operator in my case and the registered land owners that stated the PPC can take individuals to Court for unpaid parking charges - In effect this means the PPC has NO authority on the land and therefore has no legitimacy in forming a contract with the RK of a vehicle parked on the car park at all.......

And here is me thinking the PPC must have written contract with the Land owner for going to court for unpaid charges and the BPA check this document is in place?

:T

I suspect this is the case for many PPC's operating in large retail outlets - It is my opinion the more we INVOLVE the REAL land owners in this mess and hold them fully responsible for the actions of the PPC';s that operate on their land we will see a better managed system in place.

Stroma

They do have contracts to do what they do, as in permission to be there. Unfortunately for a vast majority of parking companies in law that is not enough, since VCS v HMRC 2012 where the judge said that they don't have enough interest in the land, the glue has come unstuck for them.

These companies cannot prove the interest in the land as they refuse to cough up fhe contracts, therefore there can be no contract between them and the motorists, no contract means their threats are basically harassment and probably illegal.

We now have a method of doing popla appeals, and it should include what the judge concluded in the above court case, this could be the nail in the coffins for some of these scammers