Parking Eye Appeal Refused by Popla

bumblbee

I got a parking eye ticket 2 days after xmas last year.
I went to a retail park with a friend. It was extremely busy and the sales were on... We stayed 3 hours and 33 minutes. The free allowance is 2 hours. Knowing this I went to the machine to pay... It "spat" my money out 3 times before I assumed that due to it being the sales and a very busy period they had extended the free time slot.
A couple of weeks later I got a Parking Eye fine of £85. £50 if I paid it within 14 days. After much correspondance whereupon I had to ask twice for the POPLA code I eventually was sent the form to appeal... along with a warning that if I appealed and POPLA refused it, I would have to pay the £85.
I appealed and heard nothing more for about a month.
Then on Wednesday I got a letter from Parking Eye saying that I had had a letter from POPLA refusing my appeal (I hadn't) and to pay up the £85.
The next day I had the letter from POPLA refusing my appeal.

I have read online that it is all a scam and not to pay.
I had admitted to being the driver and said that I was happy to pay the charge incurred for the extra hour and half, just not the "fine" of £85...

I have never had a parking ticket or speeding ticket before. I am not in debt and have a good credit rating... This is really weighing on my mind and I'm finding it hard to deal with.
Will I have to deal with baliffs and court dates before they give up? Will I end up paying? Please help!! :-( :'-(

bumblbee

PS: My friend has also agreed to write a statement saying that she saw me try and pay but this hasn't helped me either....

kirkbyinfurnesslad_2

Simply ignore unless you get court papers then come back here.

We would have helped with your popla appeal if you had asked

Stroma

Did you get help with the popla appeal, or did you do it alone ?

As you were a customer of these retailers there can be no possible loss, keep receipts and all correspondence that you've had. No bailiffs will turn up at your door , don't confuse these with debt collectors who have no power to do anything.

Parking Eye do on occasion do a small claim, you can get help with a defence if this ever happens, don't do it alone! Please don't worry about this its no point worrying about something that may or may not happen.

Umkomaas

A couple of points.

You can still ignore the POPLA decision and not pay PE; POPLA's decision is not binding on the motorist. However, PE are in more litigious mood of late and are issuing court papers; they may be encouraged by their POPLA 'win'.

If you receive court papers, don't panic, but post your case up on PePiPoo and the experts there will definitely help you prepare a very robust defence.

Do you have the transcript of the POPLA decision to post up on here for future reference purposes please - it will definitely help others?

Final point. I assume from what you've said in your first post that your submission to POPLA was based on mitigating circumstances - and if so, proves once again that POPLA appeals based on mitigation do not succeed.

Sorry to hear your outcome, but, as I've said, no need to despair, see what ensues from PE.

bumblbee

Thank you for your quick replies everyone... I only bought a pair of tights on the day so I don't have the reciept for that.. I have kept all correspondance though. I googled for help in doing my POPLA appeal and then did it myself (with hubs help)... I will update when I hear more.

edward123

It would be interesting what exactly you put in your appeal to POPLA.

Any way. No need to worry and no need to pay these scammers. But in the event, unlikely but possible, PE tries court those over at pepipoo will see them off I'm sure. And all for free too!

nigelbb

Umkomaas wrote: »

Final point. I assume from what you've said in your first post that your submission to POPLA was based on mitigating circumstances - and if so, proves once again that POPLA appeals based on mitigation do not succeed.

I am sorry to say that mitigation is simply not a matter for POPLA to consider & an appeal based on this will always fail. Any appeal for mitigation must be made to the PPC or more properly to their employers which is why it is so important to make a really strong complaint to the retailers involved. PE are only acting as their agents.

OP It would be very helpful to all of us who are trying to fight these shysters & their protection racket if you could post up in full the appeals that you made to PE & POPLA & the response that you got from both.

Guys_Dad

Have a look at my thread here and my post today https://forums.moneysavingexpert.com/discussion/4554655

This may help you if it gets to court, but you need to consider whether or not there were more than one pay station - my experience is that there usually is. Check if there is any alternative method of paying, such as a telephone number.

I tend to agree, in the absence of your actual POPLA appeal statement, that you didn't read the grounds that POPLA can consider an appeal and consequently blew your chances.

Courts are different beasts, of course, and if it does come to it, then you will need a much better prepared case, possibly referring to the latest BPA response I quoted. You may wish to do your own email to them to get confirmation of their view for your court case paperwork, if necessary.

No point in paying anything now. Wait for any court paperwork from Northampton.

On a general matter, you should Google information about when bailiffs can be appointed, when CCJs can arise etc etc. The number of people who don't know the basics and get worked up and stressed through lack of knowledge or research astounds me - (you are not alone in this). I am not being harsh, but do try to settle your mind with 10 minutes internet research.

Coupon-mad

bumblbee wrote: »

Thank you for your quick replies everyone... I only bought a pair of tights on the day so I don't have the reciept for that.. I have kept all correspondance though. I googled for help in doing my POPLA appeal and then did it myself (with hubs help)... I will update when I hear more.

Really wish you'd come here; you would have got a winning POPLA appeal because it's nothing to do with writing about what happened on the day...

PE may try a small claim now and this time please come back and also post on pepipoo forums as they give people robust defences to see off Parking Eye when they try an odd small claim. It cannot affect your credit rating nor involve bailiffs if you simply put in a proper defence if PE try a claim, and they either don't pursue a hearing or lose at a hearing. Even if you lost (don't go it alone!) you can simply pay if a judge tells you to and there is still NO CCJ and no effect on credit rating and no bailiff.

http://forums.pepipoo.com/index.php?showtopic=24362

HTH

Forensic

If you continue to refuse to pay (as I am doing) after POPLA sides with the parking company, does that change things? Are courts suddenly accepting BPA conditions and allowing parking firms to charge these false penalties?