Appeals process query

Chin1973

I got a parking charge notice and am prepared to ignore all correspondence as per the advice on here. I just have one niggling doubt regarding the appeals process via popla. If the unimaginable happened and the case did get to the small claims court, isn't it a likely scenario that a judge might question why you didn't follow that process, allowing the ppc the opportunity to overturn rather than costing them more by sending letters and passing to a debt collector? In this case do they not have an argument for their increased costs?

Sorry if this is covered on a thread somewhere - I couldn't find anything to reassure me on this.

SodG24

Chin1973 wrote: »

I got a parking charge notice and am prepared to ignore all correspondence as per the advice on here. I just have one niggling doubt regarding the appeals process via popla. If the unimaginable happened and the case did get to the small claims court, isn't it a likely scenario that a judge might question why you didn't follow that process, allowing the ppc the opportunity to overturn rather than costing them more by sending letters and passing to a debt collector? In this case do they not have an argument for their increased costs?

Sorry if this is covered on a thread somewhere - I couldn't find anything to reassure me on this.

While there's a very slim possibility of getting a rogue judge most, given a decent defence, will throw out the PPC case. The reason being ? The PPC has to have an interest in the land ( i.e. own it or have a lease ) to be able to take you to court. This is set in stone by a VCS case earlier this year.

RENEGADE_2

Not quite. As I am on the brink of going to POPLA in a case against CP Plus, I can explain the procedure.

You first exhaust diplomacy with the PPC, they then give you a POPLA reference number which you include on an application form to them. No reference = no case.

RENEGADE_2

So my advice is - write to deny the charge, let them reject your communication and award you a reference number for POPLA. Write to POPLA, ignore whatever they tell you, cost the PPC £32, Happy Days.

SodG24

RENEGADE wrote: »

So my advice is - write to deny the charge, let them reject your communication and award you a reference number for POPLA. Write to POPLA, ignore whatever they tell you, cost the PPC £32, Happy Days.

I'd agree if you're not a newbie and are as confident and, well, bloody minded as say you or I, but for someone less inclined to give scammers a kick I'd suggest ignore is the best option.

andrew-the-cat

CP Plus have never been to court

Chin1973

Thanks for the responses. I suppose my concern is that the popla process is new (if I understand correctly) so therefore the advice to ignore it is untested too. I know court appearances have been few in the past but possibly they could increase now as drivers avoid the new process and ppcs feel there is more chance of winning these cases through arguing that there was a valid process in place that wasn't followed resulting in a financial loss to them.

Still, I appreciate the comments regarding the legitimacy of what they are doing in the first place and that will likely mean they won't bother with court anyway.

ManxRed

POPLA hasn't changed centuries of Contract Law.

The tickets were unenforceable before, and they are unenforceable now.

surfboy1

I belive that if you did also end up in court(flying pig ), you could make the argument that the POPLA appeals process was very restrictive on the grounds for appeal, that they stated in their advice that you could not appeal on the legalities of the parking charge , so you did not waste your time engaging with POPLA.