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Help - messed up my POPLA appeal and lost!

p { margin-bottom: 0.25cm; line-height: 120%; } Hi folks,

My wife works at a hospital. She pays a monthly fee to park and can only access the area where she parks via a swipe card barrier. Despite this, the Trust employs Total Parking Solutions Ltd to patrol this area and ticket staff if they breach the rules. We always make sure the pass is displayed but one day, her pass fell out of the window and guess what? Yes, she got a ticket. I was naive enough to think that just appealing on the basis of the above would make POPLA think it was a nonsense and quash the charge (TPS had already refused the appeal). They didn't and we got a letter yesterday saying our appeal was refused. Plus it's now £60. I am cross with myself for not doing things properly but wondered if I have any options left? Can I write back to TPS or POPLA quoting the legal line or has my chance gone?

Any help will be greatly appreciated.

Thanks,

chapperz

Comments

  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 December 2014 at 7:54PM
    chapperz wrote: »
    p { margin-bottom: 0.25cm; line-height: 120%; } Hi folks,

    My wife works at a hospital. She pays a monthly fee to park and can only access the area where she parks via a swipe card barrier. Despite this, the Trust employs Total Parking Solutions Ltd to patrol this area and ticket staff if they breach the rules. We always make sure the pass is displayed but one day, her pass fell out of the window and guess what? Yes, she got a ticket. I was naive enough to think that just appealing on the basis of the above would make POPLA think it was a nonsense and quash the charge (TPS had already refused the appeal). They didn't and we got a letter yesterday saying our appeal was refused. Plus it's now £60. I am cross with myself for not doing things properly but wondered if I have any options left? Can I write back to TPS or POPLA quoting the legal line or has my chance gone?

    Any help will be greatly appreciated.

    Thanks,

    chapperz

    All is not lost. PoPLA decisions are not binding on the driver, only on the PPC.

    My advice is, do not pay and wait to see if you get real court papers. You WILL be able to beat this in court if TPS are stupid enough to pursue it further. Expect begging letters from TPS and debt collectors, but I would now ignore anything and everything unless you get court letters.
    Debt collectors have no powers anyway so it is always safe to ignore them.

    Have a read of the NEWBIES thread about what to do if you get a LBA/LBCC or an invitation from a real court just incase TPS do try it on, but as I have said, you would win in court.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • chapperz wrote: »
    p { margin-bottom: 0.25cm; line-height: 120%; } Hi folks,

    My wife works at a hospital. She pays a monthly fee to park and can only access the area where she parks via a swipe card barrier. Despite this, the Trust employs Total Parking Solutions Ltd to patrol this area and ticket staff if they breach the rules. We always make sure the pass is displayed but one day, her pass fell out of the window and guess what? Yes, she got a ticket. I was naive enough to think that just appealing on the basis of the above would make POPLA think it was a nonsense and quash the charge (TPS had already refused the appeal). They didn't and we got a letter yesterday saying our appeal was refused. Plus it's now £60. I am cross with myself for not doing things properly but wondered if I have any options left? Can I write back to TPS or POPLA quoting the legal line or has my chance gone?

    Any help will be greatly appreciated.

    Thanks,

    chapperz

    Same as Fruitcake really. I just did a quick forum search and soon found this by Couponmad(a regular contributor): "Also TPS are not litigious so it would be astonishing if they actually tried a small claim. It's all threats and if they ever tried one it would be very defendable. Keep all letters safe in a file, everything, just in case, for 6 years because any alleged 'debt' can be pursued for that amount of time in the UK."
    So, don't worry about these scammers(in my opinion that is :)) just get on with your life.
    Got a ticket from ParkingEye? Seek advice by clicking here: Private Parking forum on MoneySavingExpert.:j
  • Thanks for the replies so far. Stuff like this really worries me and I know my wife will be pushing me to pay this (although it would push us a bit) as she is frightened about this. I will certainly follow your advice if it was to go to court. Luckily I work for the Civil Service so think I will get free legal advice through my union if I need it. I was thinking of asking them but thought I would try the forums first. I'm going to try to ignore it for now, but it will be playing on my mind.

    I assume I would take the legal line about losses etc. (there aren't any, of course - she pays a monthly fee to park where she does!) if it went to court?

    Much appreciated folks.

    chapperz
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 December 2014 at 8:53PM
    Don't over think this. You will probably get some threatograms from debt collectors, but they cannot do anything - trust us!

    If you want to see the TPS record of court cases over the most recently available time period, look here:

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/322893/british-parking-association.doc

    Also, have a look at Seven Towers' tongue-in-cheek analysis of the PPC-world of PCNs et al:

    http://forums.moneysavingexpert.com/showpost.php?p=67206460&postcount=7

    Come back if you get anything other than toothless debt collector letters, or if you need further reassurance at any stage.
    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
  • Thanks again for the reassurance - it really is helping!! I looked at that link and couldn't find any TPS cases - so as long as they carry on in that vein, it'll be cool!

    Cheers,

    chapperz :beer:
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's, of course, but an indication rather than a guarantee, but there's a degree of brain power required to pursue anything through the courts. I'll say no more!
    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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