NEW POPLA decision refused - what now?

hoohoo

One last question.

Who appealed, and who was the driver?

If the keeper appealed, but was not the driver (either arriving or leaving, it doesn't matter), you can now reset the process. The keeper writes to Excel, giving them the name and address of the driver.

Excel then have to let the driver appeal, followed by an appeal to POPLA. Excel will be hopping mad, but this time you can put in a 'proper' POPLA appeal, and win.

Stroma

There is a problem with the above advice, the fact is to my knowledge it has never been tested after a popla appeal. But if the registered keeper is not the driver then yes then you could nominate that person now.

According to the Protection of Freedoms Act 2012 a driver can be named before any claim is made, so if they take the wrong person to court they'll be in world of trouble if you can show a person has been named. But probably you will need advice from pepipoo.com on how to word the defence.

I in your position OP would wait until a notice before claim arrives and react only to that. Which means coming back here for advice onto the next steps.

hoohoo

Stroma wrote: »

There is a problem with the above advice, the fact is to my knowledge it has never been tested after a popla appeal. But if the registered keeper is not the driver then yes then you could nominate that person now.

According to the Protection of Freedoms Act 2012 a driver can be named before any claim is made, so if they take the wrong person to court they'll be in world of trouble if you can show a person has been named. But probably you will need advice from pepipoo.com on how to word the defence.

I in your position OP would wait until a notice before claim arrives and react only to that. Which means coming back here for advice onto the next steps.

I'm pretty sure that there was one over on pepipoo, where two popla appeals happened, but I can't find the thread, so will shut up unless I find it!

Stroma

hoohoo wrote: »

I'm pretty sure that there was one over on pepipoo, where two popla appeals happened, but I can't find the thread, so will shut up unless I find it!

No it's okay it's all a matter of opinion, I never saw that thread you mentioned, but then I don't post over there enough to really see this. Would be handy to see any links you find though

salmosalaris

I see no reason at all that could justify the PPC issuing proceedings having received the name of the driver . Nothing in POFA refers to an unsuccessful appeal by the RK overriding the below :

5 (1) The first condition is that the creditor:
(a) has the right to enforce against the driver of the
vehicle the requirement to pay the unpaid parking
charges; but
(b) is unable to take steps to enforce that
requirement against the driver because the
creditor does not know both the name of the
driver and a current address for service for the
driver.

This is also an excellent way to potentially cost the PPC £54

1. await NTK . Appeal as RK to PPC and POPLA on "failure to identify creditor " ( a very valid argument but one which POPLA will decline and refuse the appeal )
2. immediately name driver
3. Appeal from driver to PPC /POPLA with both barrels and win.

Coupon-mad

When someone names the driver, Excel send a reply that we've seen twice so far, saying they believe the driver already knew about the charge and that the keeper must have passed the Notice to them when they named the driver, or discussed it with them when they made the appeal.

It's all drivel but I am just saying that's what Excel will do.

To pre-empt that a bit, I recommend when giving the driver's name, adding a different postal address for service than the one Excel have had so far. A family or work address would do. And clearly stating that this 'discharges all liability' under POFA 2012.

Seriously I am not convinced this OP is up to it (sorry, OP). They seem intent on believing the CAB and I hope they don't, but I am concerned they will roll over and pay, utterly falling for the whole scam! What they should be doing is COMPLAINING to the CAB about the terrible advice given so far, with no clue given about the fact that 'mitigating circumstances' are NOT considered by POPLA at all. The CAB should at the very least have told the OP to search t'internet for 'how to win at POPLA' or something similar. Terrible advice and so far a gullible OP who looks to me like they will pay instead of following our advice.

I would love this one to be defended in small claims - the Peel Centre throws up something interesting to some of us...sssshhhh...! Excel be afraid.

Stroma

Another thing about this is that the OP doesn't look as if complaints have been made to the peel centre on this, the ticket is paid for so there is no loss! Yet they are putting all their energies to going to CAB who are useless in this.

Please follow the advice on this, Excel won't take you to court as you've shown them that there is no loss, they would be utterly insane to even consider it as a district judge will probably do them for wasting court time.