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

TDA

Mike172 wrote: »

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.

If the Court of Appeal rule that such charges are commercially justifiable they will be stating what the law has always been, not what it is from that point on. In other words, if PE win the case, in a situation where the facts are identical that occurred in February 2013 you would not be able to argue that the charge was not a genuine pre-estimate of loss and not commercially justifiable and succeed.

Clearly things are different in terms of criminal activities because the legislation sets out the law very clearly and to take away someone's freedom for committing a crime that categorically wasn't against the law at the time is a completely different kettle of fish to what is going on here. Commercial justification is hardly a new concept - even if it's use in consumer cases would be.

In terms purely of the decision to stay the case pending the outcome I don't really see what the problem is. Why shouldn't POPLA avoid the risk of erring on a point of law that will be clarified imminently? This seems an entirely reasonable stance to me.

Mike172

TDA wrote: »

If the Court of Appeal rule that such charges are commercially justifiable they will be stating what the law has always been, not what it is from that point on. In other words, if PE win the case, in a situation where the facts are identical that occurred in February 2013 you would not be able to argue that the charge was not a genuine pre-estimate of loss and not commercially justifiable and succeed.

Clearly things are different in terms of criminal activities because the legislation sets out the law very clearly and to take away someone's freedom for committing a crime that categorically wasn't against the law at the time is a completely different kettle of fish to what is going on here. Commercial justification is hardly a new concept - even if it's use in consumer cases would be.

Oh ok - fair enough. Good thing it wont happen then.

enfield_freddy

sounds weird to me ,


If I have a case with parking eye , I,m going to use the genuine loss aspect , ,,, no you cant till april or whatever


however if I have a case with "fred blogs" , (other companies are available) , and its obviously a case of genuine loss , I,m going to go that way


and POPLA will find in my favour ?


why are parking eye being singled out? this ruling should cover EVERY company that has lost a genuine loss ruling , not just PE




what the flock is going on here?

DoaM

I thought it was said that ALL POPLA appeals are delayed pending the Beavis appeal outcome, not just PE appeals?

TDA

DoaM wrote: »

I thought it was said that ALL POPLA appeals are delayed pending the Beavis appeal outcome, not just PE appeals?

That was my understanding also though it is not completely clear.

enfield_freddy

I have read and reread the pranksters story , it seems to me that its PE only ,


unless I,m reading it wrong


coupon mad comments on it being all PE car parks not just the paid to hire ones ,


pranky comment , why not include cel in this , they have impending court action ,


reads as PE are getting preferential treatment , whilst many other companies will be slaughtered at POPLA

enfield_freddy

people on forums saying that PE are not sending popla codes


I wonder:


popla have said they are on hold , is it worth PE spending £27 now , when they can wait upto 6 yrs before bringing a court claim


will POPLA kick off if they don,t issue a code , or have POPLA told them NOT to issue any more codes till this is over?

if they take you to court without POPLA , they can say "we are exempt" from POPLA , we don,t have to have our cases tested by them


lots of info regarding POPLAs actions is hidden

Fergie76

enfield_freddy wrote: »

people on forums saying that PE are not sending popla codes


I wonder:


popla have said they are on hold , is it worth PE spending £27 now , when they can wait upto 6 yrs before bringing a court claim


will POPLA kick off if they don,t issue a code , or have POPLA told them NOT to issue any more codes till this is over?

if they take you to court without POPLA , they can say "we are exempt" from POPLA , we don,t have to have our cases tested by them


lots of info regarding POPLAs actions is hidden

POPLA don't have any say in whether they issue a code or not. That would be an issue to raise with the BPA.

enfield_freddy

so have the BPA told popla not to handle there cases

then
PE are not providing an alternate resolution system in there actions before court .


this is the main criteria of being a member of a ATA


as such , if they are not able to do this , they should be suspended from the BPA and have DVLA rights withdrawn

Castle

Maybe this is something that should be raised with "The Independent Scrutiny Board for Parking appeals" as they "may consider issues relating to the effectiveness, efficiency , fairness or independence of the service".
http://ispa.co.uk/contact