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Pantomine Season At POPLA ?

jdybnsn
jdybnsn Posts: 80 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 12 December 2013 at 9:24PM in Parking tickets, fines & parking
Got POPLA decision 14 days ago saying the POPLA case was dismissed, as the PCC had dropped the charge ......


...followed by an email a few hours later from the PCC saying ..."Oh no they hadn't !?"


....but nothing since from either party.


In a nutshell I had appealled a ticket on behalf of disabled friends in April. Then POPLA 'deleted' the case when they realised (after quite sometime) neither the PCC, nor they, had either the RK or drivers details (nobody ever asked for them !). My friends were forced to launch their own appeal as we didn't provide 'proof' that I was acting for them....even though I suggested to POPLA the case be dismissed instead, since the PCC was by now out of time to get the RK details.
Surprise, surprise the PCC then obtained the RK details (4 months after the incident)...So we made a fresh submission of the appeal to POPLA, along with added supporting argument that the PCC illegally obtaining the RK details.


The decision then came through as above ...bizaar or what ?!?

Comments

  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Can you post up the wording on this please? I remember your thread about this some time ago
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Got POPLA decision 14 days ago saying the POPLA case was dismissed, as the PCC had dropped the charge ......

    ...followed by an email a few hours later from the PCC saying ..."Oh no they hadn't !?"


    ....but nothing since from either party.

    CEL WOULD BE EXTREMELY FOOLISH TO PURSUE ANY FURTHER DEMANDS THOUGH AFTER READING ORIGINAL THREAD:

    https://forums.moneysavingexpert.com/discussion/4761671
  • jdybnsn
    jdybnsn Posts: 80 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    The one from POPLA










    Reference: xxxxxxxx


    always quote in any communication with POPLA


    Dear Sir or Madam


    xxxxxxxxx (Appellant)


    -v-


    xxxxxx(Operator)


    The Operator has informed us that they have cancelled parking charge notice number xxxx, issued in respect of a vehicle with the registration mark xxxxxx.


    Your appeal has therefore been allowed by order of the Lead Adjudicator.


    You are not liable for the parking charge and, where appropriate, any amounts already paid in respect of this parking charge notice will be refunded by the Operator.
  • 4consumerrights
    4consumerrights Posts: 2,002 Forumite
    edited 13 December 2013 at 6:31PM
    POPLA decisions are binding on the PPC - in this case by order of the lead Adjudicator - if CEL now turning around and saying they have not cancelled the charge then I think you should seriously consider sending (on behalf of the RK) your own LBA for discrimination
  • jdybnsn
    jdybnsn Posts: 80 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    From the PCC


    For the avoidance of any doubt – the operator has not cancelled parking charge reference xxxxxx in relation to xxxxxxx. The POPLA appeal code yyyyyyy relates to a matter between XXX and XXXX whereby the appellant was unable to follow the directions of the lead adjudicator and that particular appeal as vacated. The appeal code was voided and Mr Y, the registered keeper of the above mentioned vehicle, subsequently appealed to POPLA under code xxxxxxx (appeal hearing outstanding). We would strongly recommend that POPLA clarify the status of the charge so as not to mislead the registered keeper into thinking that they are no longer liable for the above charge which remains under POPLA appeal.






    However note the appeal code referred to in the POPLA decision was the current one outstanding.
  • Umkomaas
    Umkomaas Posts: 44,401 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And complain to the BPA and DVLA.

    CEL are making a mockery of the 'rules' of this game.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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