Frustrated with popla

lcc86

Thanks Guys Dad, I've sent them an acknowledgment email and copied POPLA in with all the relevant reference numbers. I'm sure it won't stop them sending future letters but at least I can evidence what I've done if necessary.

lcc86

Update time! Finally got an acknowledgment email from popla yesterday saying my appeal will be considered around 14th September and I'll be notified of the outcome.

Does anyone have any experience of dealing with popla appeals? I've done a quick google and opinion seems to be that they're on the side of the parking companies?

bazster

lcc86 wrote: »

Does anyone have any experience of dealing with popla appeals? I've done a quick google and opinion seems to be that they're on the side of the parking companies?

Not at all. The thing about PoPLA is they've got their "rules" and they stick to them. So, if you've sent an appeal saying the dog ate your permit or little Johnnie threw up in the back of the car you will lose, but if you sent an appeal stating all the known winning points of law then you will win. That's not to say that the "rules" PoPLA uses couldn't be improved (they could, considerably), but nonetheless they do apply them pretty consistently and impartially.

lcc86

Thank you

I'll hope for the best and see what they say

enfield_freddy

lcc86 wrote: »

I wonder if anyone can give me some further advice...

I've had a letter through today from Parking Collection Services, saying as I've not paid the parking ticket I now owe £120. I know this is a standard letter, but as things haven't even been resolved through POPLA I'm unsure whether I should acknowledge this in any way or just wait until I hear from POPLA?

PCS and there sister company Debt recovery plus are registered with the BPA , not for issuing tickets but for debt collection.


as you have an ongoing claim with POPLa , the "muppets" at the parking company have broke rules by getting a debt collection company involved at this stage .


this should be pointed out to the BPA


allow me, [EMAIL="Steve.C@britishparking.co.uk"]Steve.C@britishparking.co.uk[/EMAIL]




enjoy ,,,,,,,,,,,,,,,,

hoohoo

Your appeal to POPLA should have at least the following points

1) The car was not parked on land controlled by the operator (and submit your documents as evidence you can park there).
2) The charge was not a genuine pre-estimate of loss, and is not saved by ParkingEye v Beavis as (a) there is no social justification and (b) the charge is not in line with council charges

You might also want to download the operators standard contract from their web site and point out that it states they can only ticket when asked to by the landowner, and ask for proof this occurred.#

Also state that signage was not adequate (if true)

You can change your popla appeal or add evidence at any time up to the hearing

lcc86

Quick update: Last week I received an email from PTL just containing the evidence they submitted for their side of the appeal for my reference. Essentially it contained all of the evidence that I submitted, a couple of images from them and a very standard looking letter just saying I was on their land with no permit.... They didn't address the issue of the plans of land which are the crux of my argument and which I believe prove I wasn't on their land at all.... They also included some pictures dated 2013 and I have no idea why.

Anyway, with any luck, this will count in my favour if they haven't addressed the one thing they needed to address. POPLA told me the hearing will be around the middle of this month, so I should hear the result any time now. I will chase popla of I don't hear by the end of the month.

Umkomaas

That 'evidence pack' needs to be rebutted - anything you disagree with, or is plain wrong, or there is evidence missing that you have asked them to produce to POPLA. Otherwise you're in danger of POPLA taking the view if you don't rebut a point made by the PPC, you agree with what they are stating. You especially need to make a strong point on the land plans.

Here's an excellent example of how one poster dealt effectively and comprehensively with a PPC's Evidence Pack. I'm sure this will give you plenty of ideas on how to handle your case.

https://forums.moneysavingexpert.com/discussion/comment/67385911#Comment_67385911

And another one to consider.

http://forums.moneysavingexpert.com/showpost.php?p=67402366&postcount=26

And a further one.

https://docs.google.com/document/d/13uLICVZ13MeT7Q_4qzJUIyAn-jtVJUIVeCaaINpI2U8/mobilebasic

lcc86

Wow thanks for your advice. Having read it, I've emailed popla (their website wouldn't recognise my verification code so I responded to an email they sent me a while ago instead) stating that:

1. PTL haven't addressed the issue of the land boundary, which is key to this particular appeal.
2. PTL have used old images with no explanation, one of which contains a similar car to mine, but which isn't mine, so they need to clarify this.
3. PTL haven't proven any GPEOL, even if I have got the boundary slightly wrong (I don't believe I have).

I used more detail in the email, and also sent popla about ten photographs I've taken since the date of my 'fine', all showing vehicles on their land with no permit, none of which received fines.

Hopefully this will reach them in time, I naively perhaps thought popla would automatically get to the same conclusions that I did, but at least now I've given them (hopefully) a nudge in the right direction.

DandelionPatrol

lcc86 wrote: »

I have legal documents which state I can park along the top of the T provided I don't block anyone else's access. I can't park along the long part of the T as this is owned by Parking Ticketing Ltd.!!

Just to be clear about this, if you have watertight legal documentation giving you the right to park there, you do not need to comply with PTL's processes or anything.

In your situation, I would have gone along with it, writing to PTL to tell them of my rights over the land to the point of discovering that the POPLA code was out of date and I would have kept this as evidence of bad faith. After that I would let tickets accumulate until I get a Letter Before Action, at which point I would be writing to the solicitor who is threatening court to state my right to park. And then I would let it go to court.

Yes there is an argument to make it cost PTL, I suppose I might appeal to POPLA, but it would be a one statement of my rights to park on the land rather than an appeal