Parking Eye Appeal Refused by Popla

Stroma

The only way that you can be forced to pay is by the courts, as none of the popla refusal claims have yet reached court it's hard to tell. But a judge should be deciding this on points of law, we know popla doesn't allow equality act appeals at times.

And a much stronger defence is needed at a small claim. A good place to start is at the bpa code of practice, none of the companies comply fully.

Coupon-mad

Forensic wrote: »

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?

No POPLA 'failures' have gone to Court yet but there are some in the early stages.

But the point is that both of you could have won at POPLA if you'd come here sooner and got advice about a robust POPLA appeal wording specific to your case. POPLA appeals now on here are won almost 100% of the time so it's a shame you missed the chance to win - they are NOT generally seen to be siding with the PPCs except where a 'weak' appeal gives them little scope because the really important challenge points have been missed. POPLA can only make a decision based on the evidence presented and if it's not strong enough they can't cancel the fake PCN.

And similarly, if one gets a small claim after losing at POPLA, the same advice applies, come here and get help with a robust defence wording (not just send off a basic defence mentioning the same 'weak' appeal points as before, or not enough challenge points and evidence).

No County Court Judge is just going to take the word of a POPLA decision-maker (not a real adjudicator) if a person points out that it's a decision not binding on the motorist, and was based on the very basic evidence shown to them at the time which the appellant/defendant now realises was not robust enough. And that it was an unreliable decision made by part time law student 'decision makers' hastily cobbled together into a team by POPLA when the number of appeals went through the roof.

And most people should see small claims dropped like a hot potato, or lost by the PPC, if the motorist uses a robust defence from here or pepipoo forums, rather than just filling in a form about 'what happened' and stating that it's a penalty.

That's not enough to rely on at Court, you'd need more but rest assured you can get more!

schoey99

I've been away from these forums for a while but on reading recent posts it seems that the 'ignore' advice is no longer the recommended option. Is there evidence the PPCs are routinely making court claims or just on selected cases? The reason I ask is that a young work colleague has recently recieved an invoice from a PPC (I can't remember which one) and I told him to make the letters into paper planes. Hope my advice wasn't outdated?

nigelbb

schoey99 wrote: »

I've been away from these forums for a while but on reading recent posts it seems that the 'ignore' advice is no longer the recommended option. Is there evidence the PPCs are routinely making court claims or just on selected cases? The reason I ask is that a young work colleague has recently recieved an invoice from a PPC (I can't remember which one) and I told him to make the letters into paper planes. Hope my advice wasn't outdated?

Yes, as the PPCs are getting more litigious and the registered keepers may be pursued rather than just the driver we now recommend in general appealing when a letter (Notice To Keeper) arrives through the post. A generic appeal to the PPC can be made which will be inevitably turned down. The other main reason the advice to ignore them has changed is that there is now another level of appeal possible to the "independent" body POPLA. A robust appeal to POLA with advice from here &/or https://www.pepipoo.com will result in a win. Tell your young apprentice to start their own thread here & we can advise.

Stroma

Yes the above is true if you are in England or Wales, if you are in Scotland or NI then the advice of ignore still stands. Also if the parking company is not in the BPA AOS then ignore the ticket is for the whole of the UK

Coupon-mad

schoey99 wrote: »

I've been away from these forums for a while but on reading recent posts it seems that the 'ignore' advice is no longer the recommended option. Is there evidence the PPCs are routinely making court claims or just on selected cases? The reason I ask is that a young work colleague has recently recieved an invoice from a PPC (I can't remember which one) and I told him to make the letters into paper planes. Hope my advice wasn't outdated?

Your advice was outdated, particularly if the PPC was Parking Eye or Civil Enforcement - unless this was in Scotland/NI. But I also advised several friends to ignore fake PCNs from PE and CE early in 2013 and am not expecting them to have any bother - it's only a small % that they try a small claim for. Nowt to lose sleep over as long as your friend wouldn't actually ignore a real sealed Court claim from Northampton Court (I have warned my friends to watch out for that but ignore anything else seeing as they are in 'ignore mode' already).

If your friend got a POSTAL 'PCN' letter less than 28 days ago, then tell him/her to appeal (if in England/Wales). If not, then if it was a windscreen PCN he can still appeal when he gets the first letter.

Otherwise, he's too late to appeal (like my friends) and should stay in ignore mode unless the registered keeper was not the driver (gives him another chance to appeal).

AnxiousMoneySaver

Hi. I often search the forum for advice but need to ask for some myself now and so here I am. I don't know how to start a new thread - very new to forum stuff.

I received a PCN from Parking Eye back in early Feb 2013 for waiting in the car of a hotel car park for 30 mins to pick up my husband from the train station across the road.

All the advice back then was to ignore, and doing an appeal was not heavily advised either. So we did nothing.

From all the advice, I knew to expect the letters, and today received my second letter from Debt Recovery Plus, with strong words about it being sent to court. I am obviously too late to appeal now (or am I? I was driving but my husband is registered keeper) but should I keep ignoring or should I start doing something about it.

I think I am like most others who have posted - it's the first time I've ever had anything like this and would have paid it that evening that we received the first PCN.

I also saw some letters which someone had posted showing an example of the letters to expect which I found reassuring, but cannot find them now to see how they compare to the ones I've had from Debt Recovery Plus.

Help and advice much needed and appreciated.

Many thanks.

Stroma

Can you please create your own thread below - thanks
http://forums.moneysavingexpert.com/forumdisplay.php?f=163

bulldog13

Very interested to read about this because I have been holding my nerve following the recent letters I have received on this type of matter.
Earlier this year - March I parked my car on a private car park that I have used for the past 18 months and paid my daily parking fee at the machine. Having my ticket I then displayed this in the windscreen in a prominent place.
Several hours later I returned to find a notification pack that I had not displayed a valid ticket explaining I should pay my fine immediately or face a greater fine after 28-days.

I emailed the company to appeal to the proposed action enclosing a photo of the ticket I purchased that day. I received an acknowledgement saying that they would look into the matter. After 7-days I had still not received a reply so I emailed them again and got a similar eply back to the first.

After 28-days I recieved a second letter saying that as I had not paid the original fine I would have to immediately pay a greater cost fine than the original and if I didn't pay they would take me to court.

A friend advised me to now ignore all letters saying I would probably recieve 2 or 3 more threatening letters. The letters duly came and the last one (the third one) came to say that as I hadn't paid the fine they would now be instigating court proceedings against me.

Now my questions:

1. Is there much likelihood that I will be summonned to court?
2. Is there any other action I can now instigate?
3. Given I purchased a ticket and can demonstrate this and prove I made efforts to appeal, if I did go to court what success would I have in fighting this case?

Thanks!!!!!!

The_Slithy_Tove

bulldog13 wrote: »

Now my questions:

Please read the post immediately above your own, and do likewise.