UKPC POPLA appeal refused advice please

senor_bailey

I recently received a ticket because I did not collect a FREE pay and display ticket.

This is what I received from POPLA:

Reasons for the Assessor’s Determination
[FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]The Operator issued parking charge notice number ************** arising out of the presence at Aylesbury Shopping Park, on March 2013, of a vehicle with registration mark ********* for parking without clearly display a valid pay and display ticket. [/FONT]
[FONT=Century Gothic,Century Gothic]It is the Operator’s case that the Appellant’s vehicle was parked without clearly displaying a valid pay and display ticket and this was in breach of the terms and conditions of parking as set out on signage at the car park. [/FONT]
[FONT=Century Gothic,Century Gothic]It is the Appellant’s case that he took his children to Frankie and Benny’s for dinner and as it was the first time he had been to the shopping park, he was not aware of the parking restrictions. The Appellant states that he did not see the signs as they were too high and further that he did not stay beyond two hours. The Appellant also states that as he had his children with him, he was looking down at them rather than looking up. [/FONT]
[FONT=Century Gothic,Century Gothic]I have looked at all of the evidence provided and find that the signage at the car park was clear and they were not too high. The signage made the terms and conditions of parking clear and one of the terms included displaying a valid pay and display ticket. The onus is on the Appellant to ensure compliance with the terms and conditions of parking. I note that he had children with him and was looking down; however, this is not a valid ground of appeal. I find that by not displaying a valid pay and display ticket the Appellant breached the terms and conditions of parking. [/FONT]
[FONT=Century Gothic,Century Gothic]Accordingly, this appeal must be refused. [/FONT]


[FONT=Century Gothic,Century Gothic]I had not seen this site before the appeal so mine was based on ignorance of the signs, being there for less than 2 hours and the fact that the cost of the ticket was ZERO. I supplied a variety of evidence to support my mitigating circumstances. I now realise that this was an error.[/FONT]

[FONT=Century Gothic,Century Gothic]I have been given 14 days to pay £90.[/FONT]

[FONT=Century Gothic,Century Gothic]What should I do now? Many thanks for any advice,[/FONT]

[FONT=Century Gothic,Century Gothic]Sean[/FONT]

[/FONT]

Stroma

You have just learned a lesson, popla doesn't do mitigating circumstances, to win at popla you must appeal with points in law, and breaches of the bpa code of practice. If it happens again please come here first for help.

Now as their decision is not binding upon you, so just ignore ukpc, the only way they can force you to pay is winning at the small claims, as they never do court (to date) its not worth worrying about.

They will get debt collectors to write to you, they can be ignored as well. The only thing you don't ignore is a mcol claim

zzzLazyDaisy

Stroma wrote: »

The only thing you don't ignore is a mcol claim

The other thing you don't ignore is a letter before action from UKPC, if you get one of those come back for advice, as we can help you fight back.

senor_bailey

Thanks Stroma for your sppedy and encouraging response.

Your profile picture reminds me of the appeal. One of the pieces of evidence I sent was a picture of myself and my children with Peppa Pig to show that they are small and I had would have to look down on them to ensure their safety in a car park. Can't believe the assessor was not swayed by that.

Is the zero cost of the ticket I avoided of any relevance?

senor_bailey

In effect, what is a letter before action? Is it before being taken to court?

Stroma

senor_bailey wrote: »

Thanks Stroma for your sppedy and encouraging response.

Your profile picture reminds me of the appeal. One of the pieces of evidence I sent was a picture of myself and my children with Peppa Pig to show that they are small and I had would have to look down on them to ensure their safety in a car park. Can't believe the assessor was not swayed by that.

Is the zero cost of the ticket I avoided of any relevance?

UKPC never to my knowledge have done court, a letter before action should be sent before any claim, so don't ignore if they grow a set, as I said come back here for help.

As for Daddy Pig , its a dig at Michael Perkins who owns a parking company, he comes here in various guises, normally to gloat about his wins, never comes here about all the losses though. He looks like Daddy Pig, and we call him Perky lol

senor_bailey

Debt Recovery Plus have now sent me a Notice of Intended Court Action.

Any suggestions for next steps? Do not fancy paying £140 for not having a free ticket.

tospig

UKPC and DR+ have sent me numerous letters asking for my money and trying to scare me with 'intended court action'.

http://www.flickr.com/photos/89511704@N03/8145428304/

However, until they actually take 'court action' (they never have to date) then they can send as many letters as they like, they don't mean anything.

senor_bailey

Hi tospig, thanks for your reply. They have given me until 1st October to pay. Is that worth paying any attention to?

tospig

No.

The only thing worth paying attention to is a Letter Before Action, or an actual court claim.

Debt collectors have no powers at all, only bailiffs do, and you will only hear from bailiffs if you go to court, lose, and still don't pay (or ignore actual court papers).

senor_bailey

Also tospig, interested to note the quantity of letters you have received.

I had no more than 2 before getting"Notice of Intended court action".