The lottery of going to Court

Custard_Pie

I know it was not relevant with this case, but it does highlight the lottery of being taken to Court. You could land up with a right muppet, where as wording a PoPLA appeal proven to win can cut a claim dead.

http://forums.pepipoo.com/index.php?showtopic=75803

Out of interest, what's to stop a PPC ignoring a PoPLA verdict, The BPA and still taking someone to Court?

Guys_Dad

They are members of the BPA. They are instructed by them to abide by POPLA decisions.

bazster

That case is fishier than a Grimsby trawler. The PePiPoo OP never said anything about the circumstances of his PCN, he claimed all along to have some kind of "nuclear" option in his defence but never said what it was, and now he's lost (if he has) he is being all cagey about what it cost him, even though he earlier posted up the court papers so we know exactly how much the claim was for.

He does mention that PE figured out who he was on PePiPoo. Is it possible the judge threatened him with some kind of contempt proceedings because of his scurrilous comments thereon?

Orrin

What's more likely is that if PE start to rack up county court wins that support their arguments they are going to start putting more pressure on the BPA to bring POPLA into line.

Kite2010

The second a PPC ignores a POPLA decision is when the system falls down

nigelbb

It looks like the PePiPoo OP's defence was based on PE's non-compliance with POFA when chasing the vehicle keeper. That's always going to be shaky ground by the time it gets to civil court where matters are decided on the balance of probabilities. It's more likely than not that the keeper was the driver hence POFA is moot. Only if the keeper could prove that they were elsewhere would non-compliance with POFA be a winnable defence.

HO87

Custard_Pie wrote: »

I know it was not relevant with this case, but it does highlight the lottery of being taken to Court. You could land up with a right muppet, where as wording a PoPLA appeal proven to win can cut a claim dead.

http://forums.pepipoo.com/index.php?showtopic=75803

Out of interest, what's to stop a PPC ignoring a PoPLA verdict, The BPA and still taking someone to Court?

In overall terms you are correct but comparing a case that arose under the old "ignore" regime isn't entirely fair - as you acknowledge. One suspects that this may not have endeared the case to the judge. Getting to grips with a case from the outset with a defence in-depth and, potentially, a win at POPLA is far more likely to succeed.

My belief is that a PPC that ignores a POPLA finding and proceeds with issuing a claim does so at its peril. From its viewpoint, the BPA Ltd did not fight for an IAS without the expectation (within, one suspects, the DfT and the DVLA - who are the keepers of the golden egg, after all) that it could keeps its members in line and oblige them to accept POPLA decisions.

Were a PPC to kick over the traces it would be reasonable to expect it to be expelled from the AOS and thereby, for the moment, lose its DVLA EDL rights and, effective use of POFA.

I wait with baited breath as the sound of the leather reins of the BPA Ltd straining and creaking under the tension of a significant number of its members can be heard a long way from PPC Towers in Haywards Heath.

Orrin

bazster wrote: »

That case is fishier than a Grimsby trawler. The PePiPoo OP never said anything about the circumstances of his PCN, he claimed all along to have some kind of "nuclear" option in his defence but never said what it was, and now he's lost (if he has) he is being all cagey about what it cost him, even though he earlier posted up the court papers so we know exactly how much the claim was for.

He does mention that PE figured out who he was on PePiPoo. Is it possible the judge threatened him with some kind of contempt proceedings because of his scurrilous comments thereon?

Didn't he say that there was something in the title deeds about free car parking? I thought that was his "secret weapon"?

Don't know about his forum comments, but not difficult to see how a judge would be less than sympathetic if you come across as just another "can't pay, won't pay" type.

Turnip1

Just out of interest, I can understand why it is in the keepers interest not to disclose who the driver was throughout the appeal process, but once Court papers have been issued I can't see the benefit of not admitting to a Judge that you were the driver.

Can someone enlighten me?

ppc_guy

BPA/POPLA guides distributed to ALL BPA members at the start of the IAS was that EVERYONE HAS ULTIMATE RECOURSE THROUGH THE COURT SYSTEM

However if you actually mention this to the BPA they hold their heads in the sand and say if you do take court action you will get them magic sanction points.

Coupon-mad

I'm glad the BPA say that, otherwise POPLA would be a lot more pointless, whereas at the moment we are quite liking most decisions!