Pooooplar in the pockets of Parking Lies??? :D

Mike172

You surprised?

Coupon-mad

Ryan_Bryan wrote: »

Does anyone know if this is across the board parking lie POPLA cases or just pertaining to certain areas or P & D car parks?

It's across the board - all cases I am helping with are getting these letters this week - and most of them are cases where there's another winning appeal point, IMHO, which would win a POPLA case anyway. And PE never submit any evidence to 'our style' of appeals, so by staying all these cases it's giving PE a chance to start issuing evidence on cases they would have not contested otherwise.

Shocking.

This includes cases from early Summer 2014 where ParkingEye couldn't manage to issue rejection letters and POPLA codes in May/June 2014, sending a 'holding letter'* then waiting 7 months before pouncing with a half-inch thick letter of rubbish about the Beavis case (not mentioning the Court of Appeal and bamboozling some people into not noticing the POPLA code also within). Most such letters were dated 5th January and those motorists who then acted quick enough to use the 'offer' of the POPLA code after all that time are now being played for time again. The rest got LBCCCs in February...


*this breach is under investigation by the BPA/DVLA but don't hold your breath...

DoaM

Did you ever tell us which PPC you work for/run?

ManxRed

OK, then, I'll bite.

Do you want to elaborate on why you think it's sour grapes, instead of just posting that chuckaway comment on it's own?

ManxRed

catoninetails wrote: »

A motorist is of course able to ask POPLA to hold a case pending Beavis if they so wish

Haven't heard of this before, but is there evidence of this being allowed? I know they can ask small claims courts, and do so all the time, but I was not aware of anyone being able to do this of POPLA.

POPLA should be judging cases based on current legislation. Until such time as a judgement is handed down in Beavis, then they should continue as is. Otherwise, where do you draw the line? Should they be staying all CEL claims until after their fraud case in Scotland?

If PE win Beavis and Beavis appeals to a higher court (or vice versa) then should POPLA stay all appeals for PE until then?

No. They should carry on as is until such time as an actual judgement is handed down.

Castle

catoninetails wrote: »

A motorist is of course able to ask POPLA to hold a case pending Beavis if they so wish

POPLA has been rejecting the Beavis ruling for the last 9 months so they hadn't been any need for a motorist to ask for a hold.

ManxRed

Will the motorists be allowed to resubmit their appeals?

They have clearly appealed on CURRENT legislation and case precedents, and - if PE win - these appeals will be out of date. I would like to think that they would be allowed to re-submit their claims taking any Beavis case decision into account, same as POPLA will take PE's argument of the validity of 'commercially justified penalties' into account.

hoohoo

Motorists can resubmit appeals any time up to the actual assessment.

DoaM

Even if PE do win the Beavis appeal, that just means POPLA will have to spend time assessing the other appeal points rather than simply going "GPEoL in the appeal? Appeal upheld". It doesn't mean an automatic win for PE at POPLA.

Mike172

catoninetails wrote: »

POPLA have made decision to hold all cases pending Beavis. Since this case will effect Parking Eye cases this seems a good idea.

It is sour grapes as people know there is a chance Parking Eye will win this case. Therefore they will win the stayed cases at POPLA (most likely) and the motorist ends up having to pay up unless they want to get sued.

A motorist is of course able to ask POPLA to hold a case pending Beavis if they so wish

Surely if someone were to go to court and be tried for a crime they committed say 2 years ago, would be tried based on the law from 2 years ago.....

Oh wait this is the parking industry.