POPLA said no..can i still appeal?

steeviesmith

Just want some guidance about where I go from here. If appeal is rejected is it still possible to put up a fight against the decision?

I was given a fine by Elite Management for not displaying a valid ticket. In truth I had displayed one that was valid but on closing the car door it must have flipped over on the dashboard so the time could not be seen. I checked the notices about conditions for displaying tickets and nowhere did it say please make sure ticket is face up! A technicality perhaps but I paid for parking as I always do and so feel aggrieved to receive a penalty charge.

I submitted the original to the car parking company and a copy sent to popla on appeal but today got an e mail saying £100 in 28 days!

I want to take it further..any advice please?

bod1467

You got an email from who saying pay £100?

Have you actually appealed to POPLA already and had a POPLA adjudication? (Mitigation appeals NEVER work with POPLA).

PS - No, you do NOT have to pay this, even if you have lost the POPLA appeal. POPLA is ONLY binding on the parking company, not the motorist. The parking company then must instigate court action to try and make you pay, and even then they're not guaranteed to win (if you do a PROPER DEFENCE).

The_Slithy_Tove

You clearly did your POPLA appeal before seeking advice, as you would have won with the right arguments.

From now, it's not for you to take further. The ball is entirely in Elite's court. If they want to issue a court claim, then they have 6 years to do so. So, keep that ticket and all related paperwork for the time being. Then, ignore everything from Elite and their tame debt collectors/solicitors, unless it's a Letter Before Claim or an actual claim from the court. Only then do you do anything.

Coupon-mad

steeviesmith wrote: »

Just want some guidance about where I go from here. If appeal is rejected is it still possible to put up a fight against the decision?

I was given a fine by Elite Management for not displaying a valid ticket. In truth I had displayed one that was valid but on closing the car door it must have flipped over on the dashboard so the time could not be seen. I checked the notices about conditions for displaying tickets and nowhere did it say please make sure ticket is face up! A technicality perhaps but I paid for parking as I always do and so feel aggrieved to receive a penalty charge.

I submitted the original to the car parking company and a copy sent to popla on appeal but today got an e mail saying £100 in 28 days!

I want to take it further..any advice please?

:eek:

Oh Gawd, another utterly wasted POPLA code when you only needed a few words to win like everyone else does. What a shame - why did you not just research POPLA appeals? We win 100% of them!

No you can't appeal now but you are not obliged to pay - you are simply back to square one without a paddle and will have to ignore it or complain to the landowner.

You'd only have to respond to court papers or a 'Letter before Claim' from Elite or their solicitor. Laugh at any debt collector letters but keep them (and consider responding if you prefer to).

To see your options re debt collector letters, have a look at the ''DC - Debt collectors'' heading and info & links in the 'newbies...read this now!' thread that you will wish you had read before POPLA...

steeviesmith

Thanks for replies so far. I did use MSE to appeal to POPLA and used the template provided but obviously used my own reason for the penalty being wrong.

The email I rec'd says it is from the appeals admin and had attached a letter with POPLAs address. It includes a sentence ' payment of the £100 parking charge should be paid to the operator within 14 days' and then goes on to give reasons why the feel my appeal failed.

Sooo I should ignore this and simply await further correspondence direct from Elite or their appointed cronies?

waamo

Can you post up your appeal and the decision please?

Stroma

Just for clarity please answer that you did appeal to popla, you did have a verification code, and you either sent a letter to them or an email to @popla.org.uk ?

Thanks

kirkbyinfurnesslad_2

Elite are known to try their hand at court so you may receiece a court claim. If only you had come here.....

Redx

there seems much confusion in this thread, especially as it does not link to any previous advice or threads on here which the OP says he did previously

no hint of the appeals to either the PPC or to POPLA , and no copy and paste of the actual POPLA decision either (with references and personal info removed but leaving the name of the assessor in)

surely if the OP wishes to gain some good or further advice it is in their interests to post all relevant info and link to any previous threads by themselves on the issues being raised

as del boy put it "you know it makes sense!"

ie: nothing in - nothing out

but the OP says he used MSE but has only just joined ( unless it was a different name ? )

steeviesmith

OK sorry if my thread is causing confusion but I thought I had followed MSE advice. I did an informal letter of complaint to Elite using a template I downloaded from this site. In reply I got a letter and pics back saying they did not accept my appeal etc but I could go to POPLA which I duly did using their website. Below is my orignal letr and POPLAs response.

My Letter


Dear Sir/Madam

I received a parking ticket on 21st August but Ibelieve the ticket was wrongly issued and I would like to submit an appeal forthe following reasons:

Quite simply, the parking attendant got it wrong and I wasnot parked inappropriately at the time the ticket was issued. This is due tothe fact that I did have avalid ticket on display (I have attached the ticket I purchased on the day asevidence) and cannot understand why I came back to the vehicle to find a PCNattached. The only thing I can think of is that the ticket may have been at anangle where it was hard to read but this seems unlikely. Perhaps if yourtickets had an adhesive backing that allowed them to be stuck to a window thisproblem would be resolved.

I should like add that I regularly park in this location forwork and as my fees are paid by my employer there is no reason why I would tryto exempt myself from the cost of buying a ticket.

I then went via the POPLA site and said I had displayed a valid parking ticket however it had moved when I shut the door and so was upside down. I maintained that it was still valid and pointed out that nowhere did it say that tickets had to be 'face up' on display so I had fulfilled the obligations as per the car park signage!

POPLAs answer

The Appellant appealed against liability for the parking charge.

The Assessor considered the evidence of both parties and determined

that the appeal be refused.


The Assessor’s reasons are as set out.

In order to avoid any further action by the operator, payment of the

£100 parking charge should be made within 14 days.

Details of how to pay will appear on previous correspondence from the

operator.



Reasons for the Assessor’s Determination


A parking charge notice was applied to a vehicle with registration mark

FJ53YRM for parking in a pay and display car park without visibly displaying a

valid pay and display voucher.

The operator’s case is that the terms and conditions for parking in the carpark are displayed on numerous signs located at the entrance and throughout the car park. One of the parking rules requires that ‘valid pay and display vouchers must be clearly displayed in the windscreen of the vehicle,at all the times.’ The operator says that their photographic image show that the vehicle was parked with no pay and display voucher clearly visible within his vehicle windscreen on display. They have produced photographic evidence which illustrates this point and they have produced copies of the parking charge notice and their signage.

The appellant’s case is that the vehicle was not improperly parked. He states that he paid and displayed a valid parking voucher for the day. He says that the voucher had somehow moved (probably upon closing the car door) but it was still visible for inspection. He enclosed a copy the original appeal with a
copy of the parking voucher attached.

The operator rejected the representations, as set out in the correspondence they sent because, they state a breach of the car park conditions had occurred by parking without visibly displaying a valid parking voucher. They state that it is the appellant’s responsibility to ensure that a payment is clearly
on display in the dashboard area prior to leaving the vehicle.

I note the appellant’s comments and I appreciate his situation, however I find that the onus is on the appellant to park in accordance with the terms and conditions of parking. Furthermore, purchasing a valid voucher does not
automatically cover his parking; it also has to be displayed clearly within the vehicle in order to be deemed valid. I find that the operator has taken reasonable steps on balance of probabilities and has provided sufficient evidence to support the enforcement of the notice.

Considering carefully all the evidence before me, I must find as a fact that on this particular occasion, by not visibly displaying a valid pay and display voucher, there occurred a breach of the car park conditions to which the appellant have deemed to have accepted when he decided to park his vehicle. Accordingly, this appeal must be refused.

Stroma

You didn't get that pathetic appeal here (sorry for the bluntness) , that is purely on mitigation, and we have never said to someone to only use that. Sorry but you completely wasted your popla appeal.

If a claim is issued, please don't make that mistake again, as in county court it will not be considered, only points of law will be of any good there.