Court success post rejected POPLA appeal

haycroft

I challenged a parking charge notice from PPS relating to Station Rd Didcot which was rejected and I appealed to POPLA under what I now see from all the blogs was deemed to be mitigating cirumstances ( I know now that's not what you should do!). I paid to park using the RingGo mobile payment service via their app. I have 2 cars on my account but in the dark and in a rush for the train I paid for the wrong vehicle. My POPLA appeal as you wil guess was rejected so PPS have my original payment and now want their £100.
Has anybody any experience of going to court post a rejected POPLA appeal and winning? I cant help feeling that if it comes to court ( and I guess it may not ) my rejected POPLA appeal would count against me. How litigious is PPS?
This is my first blog so apologies if im on the wrong thread - haven't quite worked it all out yet!

bod1467

PPS are not litigious at all as far as I am aware.

Your POPLA rejection matters not one jot. Any court claim would be defended properly now that you have found us.

And yes - you're in the right place.

haycroft

so i can ignore the post appeal letter from PPS for now and see what happens after the payment date passes? If I go to court and lose any idea what sort of costs I would get awarded against me on top of the charge?

Grimble

You have paid, what is their loss? erm nothing.

Ralph-y

have a read through post #5 of the link below ....

https://forums.moneysavingexpert.com/discussion/4816822

Ralph:cool:

haycroft

Ive now received a letter from PPS following rejected POPLA appeal saying they will commence county court action gainast me if I don't pay within 14 days from the failed POLA appeal date. They indicate that they will use the failed POPLA appeal in their action. I presume I just sit tight for now to see if they will do anything? The POPLA appeal was rejected on 27th march.
Slightly surprised this matter would be dealt with in a county court - do they deal with small claim matters as this?
Thanks for help

Captain_Krunch

check the wording-will or may commence. Language used by the operators is designed to intimidate. Whats the exact wording?

bargepole

haycroft wrote: »

Slightly surprised this matter would be dealt with in a county court - do they deal with small claim matters as this?

Why would you be surprised? What other type of court did you think would deal with it?


Civil actions always start in the County Court. If the amount claimed is under £10,000, it goes in the small claims track, which means limited costs and a less formal hearing.


Up to £25,000 it goes on the fast track, more formal and legal costs recoverable.


Over £25k cases go on the multi-track, where a more senior judge is likely to hear the case.

HO87

haycroft wrote: »

Ive now received a letter from PPS following rejected POPLA appeal saying they will commence county court action gainast me if I don't pay within 14 days from the failed POLA appeal date. They indicate that they will use the failed POPLA appeal in their action. I presume I just sit tight for now to see if they will do anything? The POPLA appeal was rejected on 27th march.
Slightly surprised this matter would be dealt with in a county court - do they deal with small claim matters as this?
Thanks for help

Go to the Newbies thread - Click Here and read up the section on Letters Before Claim (which is contained in #2 in the Newbies thread) - Click Here. It matters not whether PPS have used the word "will" or "may" treat the letter as a genuine warning and deal with it appropriately. Their letter will almost certainly be completely deficient as far as the pre-action protocols are concerned and they can be told, in the nicest of terms, to FRO. At the very least a sensible reply composed as suggested by zzzLazyDaisy in that thread will let them know that you have an understanding of the situation and that may well get them to back off.

hoohoo

The court may well side with the operator regarding the points already raise (ie mitigation). However, in court you will be raising a whole new bunch of points. This time, they will not necessarily be able to hide behind witness statements; many judges prefer hard evidence.

Follow the LBC procedure to make it plain to the PPC you are not low hanging fruit, and also to get the information needed to file a defence.