POPLA Appeal - Advice appreciated

MrDance

So here is my thought process, could someone who has already paid a charge, reclaim from Parking Eye this fee through the small claims court on the grounds that recent POPLA adjudications have shown that Parking Eye do not have the contractual authority to issue these charges. Parking Eye would have to disclose their contract as part of the proceedings which they will resist on past examples ?

Coupon-mad

Got to be worth the £30 MCOL fee for someone, especially for one paid by a lease/hire co where the clamant could show that the letter to the hire co. was misleading and for various reasons (including lack of contract) the fake PCN was also unenforceable and should never have been paid.

There was a Small Claim by Tasneem Patel (a Trainee Solicitor) over a Parking Eye fake PCN paid without a second thought by a hire company. She sued Parking Eye for the money back on behalf of her brother - and won on inadequate signage.

Used to be a link to the news report but it no longer works, must have been archived. Tasneem also posted here a couple of times afterwards, 3 or 4 years ago.

I think it might be more difficult where a person has paid the charge themselves just because they were a numpty and didn't Google it. But even then, if it was the registered keeper who paid and it was pre-October...now that could be worth reclaiming if the paperwork has been kept that shows how they were misled into thinking they were liable even if not the driver at the time.

hoohoo

MrDance wrote: »

So here is my thought process, could someone who has already paid a charge, reclaim from Parking Eye this fee through the small claims court on the grounds that recent POPLA adjudications have shown that Parking Eye do not have the contractual authority to issue these charges. Parking Eye would have to disclose their contract as part of the proceedings which they will resist on past examples ?

They could do...might be hard to find someone though. They would by definition be the kind of person who pays up for these fake charges; this might not be the same type of person who is confident enough to go to court.

Another problem...even if the contract is produced in court it might still be held confidential. I think Alexis who used to do a lot on this forum got caught out by this.

I suspect he might have had to come to a deal with the PPC in question; perhaps they let him off the huge costs involved on condition he stops posting here and on Pepipoo.