Popla appeal unsuccesful

Hot_Bring

And just for any Newbie reading - this is a perfect case of why NOT to use mitigation in your POPLA appeal !!!!!

stluke023

Do not throw in the towel totally write with all the arguments of gpeol and contract.
Negotiate is ny advice and start strong, read the link i posted above it will help.
Could give you a letter to help you but fighting your corner might help at start

Redx

you would have won with these 3 items in that failed popla appeal

1) not a genuine pre estimate of loss
2) no contract with landowner
3) bad signage

AMC_1970

Thanks, this was my argument that if this is based on a contract, surely Parking Eye have a contractual right to ensure all of their machines are in correct working order, you have 45 minutes free in the car park which I could use up looking for a machine that does work.

stluke023

Doesnt help now Redx, salt in the wound
Infomation/communication is eveything

AoD

AMC_1970 wrote: »

Thanks, this was my argument that if this is based on a contract, surely Parking Eye have a contractual right to ensure all of their machines are in correct working order, you have 45 minutes free in the car park which I could use up looking for a machine that does work.

Welcome to the mad mad world of PPCs and POPLA!

stluke023

you have the info sent

Redx

AMC_1970 wrote: »

Thanks, this was my argument that if this is based on a contract, surely Parking Eye have a contractual right to ensure all of their machines are in correct working order, you have 45 minutes free in the car park which I could use up looking for a machine that does work.

which you can correctly use in a court of law, but popla work by a different set of rules, mitigation not being one of them

Redx

stluke023 wrote: »

Doesnt help now Redx, salt in the wound
Infomation/communication is eveything

incorrect, it will help them in any future parking issues and to inderstand why they in fact failed this time, it will also help anybody else reading this thread in the future too

not only that, it will help them if this goes before a small claims court too because they will know what extra grounds they can appeal on , forewarned is forearmed and knowledge is power

all advice is good advice , so why prevent them from being told the facts ? doesnt make sense to me and my answer was being informative, not vindictive

please stick to answering the OP instead of belittling other members answers as we all have the right to reply to the OP

Coupon-mad

Umkomaas wrote: »

All appeal avenues have been exhausted as he lost his POPLA appeal (one, unfortunately based entirely on mitigation).

Only 2 options remain at this point:

1. Pay the charge (which no one is suggesting he should)
2. Wait to see what PE's next move is.

What about 3) urgently complain to the landowner/retailer, that the car park machines were out of order and now you are facing court over it because you didn't realise how to word a winning POPLA appeal, none of which should be your fault? (We win at POPLA every time so you certainly missed a trick but it should not be an expensive lesson learned! This is not 'game over'.

DO NOT PAY. PE ARE AWAITING A TEST CASE COURT DECISION WHICH COULD HAVE REPERCUSSIONS, COULD WORK IN YOUR FAVOUR.