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POPLA Now Staying Appeals Pending Beavis SC Decision

Latest from the Lead Adjudicator here:


http://www.popla.org.uk/ParkingEyeLimited-v-Beavis.htm

I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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Comments

  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Assessors also adjourned cases of their own motion

    Not healthy!

    'Volition' maybe. :)
    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
  • Would appear to be a free get out of jail card for POPLA who can stay all similar worded appeals until they hand over the baton to the new appeals company.

    Could cause a huge log jam in the system and a reduction in revenue for the scammers,and will make interesting reading for their subsequent reaction/response
    I Am Charlie
  • henrik777
    henrik777 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It means if you use the correct arguments you win or are stayed.

    Given the change of contract i suspect they'd want paying so may find new ways to allow a motorist to win ?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    It may also stop PE from claiming commercial justification inappropriately
    You never know how far you can go until you go too far.
  • ThornyEng
    ThornyEng Posts: 24 Forumite
    What does that mean for me, I have a parking eye ticket I've appealed, I'm waiting for a reply. If they reject it can I use popla ? I've used them for another company recently.
  • ezerscrooge
    ezerscrooge Posts: 486 Forumite
    Part of the Furniture Combo Breaker
    Yes appeal it. If they reject it then mention Beavis and No GPEOL in your POPLA appeal. Do add all the other points as well though - you could win on one of those. If not, then the case is on ice until Beavis sings.
  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I wouldn't think that POPLA will want hundreds of stayed cases stacking up until November of this year, or even well into 2016.

    To my mind, even more reason to put in good appeal points on other issues like signage, contract and locus standi (as well as GPEOL) to give them every opportunity to shoot them off their desk and avoid stock-piling these.

    Maybe we should recommend moving GPEOL down to the foot of the appeal points from its present position at the head of them.
    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
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    I agree with Umkomaas.

    What it says to me is that if you have a decent appeal point other than GPEOL and you think you can win, then don't include GPEOL if you want it heard before late next year!
  • Mike172
    Mike172 Posts: 313 Forumite
    edited 4 June 2015 at 7:23PM
    Fu****g Barry Beavis.

    Further, this also means that where it appears to the Assessor that a POPLA appeal raises the same issue, and there is no other ground upon which the appeal can be determined, the matter will be adjourned.
    Mike172 vs. UKCPM
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  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Mike172 wrote: »
    Fu****g Barry Beavis.

    Further, this also means that where it appears to the Assessor that a POPLA appeal raises the same issue, and there is no other ground upon which the appeal can be determined, the matter will be adjourned.

    Would you rather that they used the CoA result as a precedent??
This discussion has been closed.
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