Failed POPLA appeal, is it time to pay up?

Capt._Calculator

I had my POPLA appeal turned down, including on pre estimate of loss (judgement posted on that thread).

Do I just pay up now then or do I have any other cards to play?
Thanks

Redx

same assessor as other recent failures, looking at the POPLA DECISIONS thread

kirkbyinfurnesslad_2

No its not time to pay up with this bunch

Just ignore them unless you receive court papers

Computersaysno

Interesting.


Capt...I would say that you should not pay up and instead wait for court papers.....if this went to court you would probably win [more to follow].

Computersaysno

Capt...I asked about this tactic a while ago [ie the £100 is a 'parking fee' as opposed to 'damages'].


Seems there are a whole lot of issues with it....


iirc...how are you supposed to pay the fee if you agree to it??


If you pay once can you then park there forever for 'free'??

bod1467

As I posted in the POPLA thread, what does the assessor think breaching the terms and conditions means? If it's a contractual charge then you can't breach T&Cs surely? If you DO breach T&Cs then it needs to be a GPEoL surely?

Fergie76

Complain to the Lead Adjudicator.

http://www.popla.org.uk/Complaints.htm

If you made a formal complaint about specific alleged misconduct by an Assessor, it would be investigated by the Lead Adjudicator. However, this is not the same as merely disagreeing with the Assessor’s decision.
If your complaint relates to the administrative service that supports POPLA – such as a complaint about the quality of customer service you received, it will be investigated in line with London Councils’ complaints procedure, which can be found on the London Councils website Opens in a new window.

Coupon-mad

Can you tell us first what the sign said? I see that 'lets turn down a few GPEOL cases' Farah has quoted a single line from it. Can you show us a picture of it?

Also you didn't show your POPLA appeal here did you? I have checked your posts and you had a case with UKPC that I know of, not UKCPM. Please show us the appeal you sent to POPLA and we may be able to help you to complain, but we would need facts like a pic of the sign, and the appeal wording you used.

Can you also tell us whether the contract with the landowner was redacted at all?

jkdd77

A charge for (alleged) breach of contract cannot be a core term of the contract, and is therefore assessable for (un)fairness under the Unfair Terms in Consumer Contracts Regulations 1999, and would, in all likelihood, be voided either under these Regulations, or as a penalty under common law.

I would now ignore everything except stamped court papers, or, if the OP feels so inclined, send a letter to UKPC denying liability and telling them that you won't pay without an actual court ordering you to. With hindsight, you might have been better ignoring from the outset, but no-one could have predicted that POPLA would make such a peverse decision.

There have been at least two cases where a PPC invoice was upheld by POLA but subsequently rejected by the courts, and this could well be another.

Capt._Calculator

Thanks all for the responses, I will wait for court papers and hopefully get it batted back then.

Guys_Dad

Take advice on which court to have it heard. Which is your local court?