The 35-day rule

Guys_Dad

Looking at the latest test case from the Parking Prankster on the POPLA Decisions thread, it seems that telling a PPC that because they didn't respond within 35 days that it was game over is NOT a valid appeal at POPLA.

I have advised caution on this point in a number of threads and, regrettably, it has come to fruition.

So two points, regulars.

The first is obvious - you can't rely on this point any longer.

The second is the fact that the adjudicator has said that this is a BPA point, take it up with them but it doesn't constrain us. Have a think about what other BPA points that might fall into this category - we already have had POPLA conveniently ignore the need for Entry signs.

spacey2012

POPLA are a kangaroo court, one by one all of these points of appeal be defeated, that is what it exists for, to make more people pay the scam.
The fake statements are the next we will see filter through to answer the contract and loss issue.

POPLA can accept what they want, it has no legal basis in any law, it is purely a Kangaroo court set up and run by the parking scammers on the law as written by parking scammers.
It will play their game or the BPA will replace it and set another one up and the BPA will play the parking scammers game or the parking scammers will replace the BPA.

These words are set in stone like prophesies.

Guys_Dad

Yes, and the world will end at some point in a fiery ball, or cockroaches or mutant robots but in the meantime, we need to live with what we have now and make best use of it.

ashabdi

Hello Popla have just replied to say they have refused my appeal for stopping for 17 secs as my visitor was unwell at Liverpool Airport.
I didn't follow the Forum,s advice as to how to appeal as I am not ofay
with all this, I have explained earlier to people, but now I can't find them, they said to let them know if my appeal failed, also they prey on us older ones as we are easily intimidated. What do I do it is now £100.00 fine. Thank you

kirkbyinfurnesslad_2

Well for starters don't hijack a completely unrelated thread, it makes no sense..... Why not go on your original one?
Well its another lesson that people need to take our advice and not go gungho appealing on mitigation.

Please copy and post up the decision so we can show people how NOT to appeal
You don't do anything unless you receive a claim form from a court

Will you follow that advice or just ignore it ?

Stroma

Thing is the 35 day rule was never going to hold as a single appeal point, like most single appeal points! But it would would be pretty persuasive in a small claim together with the rest of the points of the defence.

What I would like to see is a single point of appeal on law, so if an appeal was made because there was no reasonable adjustment in the Equality Act, I would like to see how popla would handle it.

Then if rejected I would like to see them named in a claim together with the parking company, landowner and any retailer in a county court claim.

Well we can hope

nigelbb

Claiming to abide by the Code of Practice of a Trade Association while failing to do so is contrary to Consumer Protection Unfair Trading Regulations.

Failing to honour commitments made in a code
of conduct
7.11 The third category of commercial practices prohibited as
misleading actions is that where:
• the trader has undertaken to be bound by a code of
conduct (or code of practice), and indicates that he
is bound by it in the commercial practice,
and
• the trader fails to comply with a firm and verifiable
commitment in that code,
and
• the average consumer takes, or is likely to take,
a different decision as a result

halibut2209

Stroma wrote: »

What I would like to see is a single point of appeal on law, so if an appeal was made because there was no reasonable adjustment in the Equality Act, I would like to see how popla would handle it.

You may get your wish if I receive a ticket through the post in the upcoming weeks

EDIT: Hypothetical situation. Returning to the free car park of a supermarket before the "no return within" nonsense because you have to pick up a prescription for a disabled child

ashabdi

I am sorry for hijacking somebody's thread. I really can't get my head round this 'threads'posts etc. My appeal has failed got a letter this morning
LETTER BEFORE ACTION from VCS I am not paying it, what is there success rate at court anyone know???

kirkbyinfurnesslad_2

Start your own thread.

It's very simple.

How long is a piece of string in answer to your question

Hovite_2

ashabdi wrote: »

I am sorry for hijacking somebody's thread. I really can't get my head round this 'threads'posts etc. My appeal has failed got a letter this morning
LETTER BEFORE ACTION from VCS I am not paying it, what is there success rate at court anyone know???

Scroll to the top of the screen and see the series of blue links just below the multi-coloured boxes - click the one that says "Parking Tickets, Fines & Parking".

Now about half way down your screen towards the left hand side you will see a blue box with "New Thread" - click it and hey presto - your own thread !