New POPLA appeal

TMTAZZ

Hi. I'm a newbie on here so please forgive me if I do anything wrong!! I just wondered if anyone had any advice re my new POPLA appeal with the ombudsman people. To cut a long story short, I received a PCN from parking eye in August for not obtaining a ticket whilst dropping off my daughter at Town quay southampton o she could meet her grandparents on the Hythe ferry. I used a great template from various forums with lots of reasons why i am not liable. Popla confirmed that they have recieved my appeal and advised that Parking eye have 21 days to respond (from 2.10.15) & within this time they will need to send me an evidence pack and then i need to respond to this so that POPLA can issue a decision. I have still not received this evidence pack from parking eye not by post or email. I rang POPLA this morning and they also have not received it. They advised me that they still have 3 days to produce this evidence pack but they advised me to contact parking eye to chase!! Surely parking eye are out of procedure if they don't send it...is it really my responsibility to chase? I have read on other forums that POPLA tend to grant the appeal if the operators don't respond... Advice greatly appreciated. :-)

Leigh5t

I'm in a very similar boat to this.
I've not got access to my paperwork at the minute so I am unsure of my dates.
Sorry I can't be of much help but just wanted to let you know that you're not alone.
I've considered calling popla too but decided against it. I certainly won't be calling the parking scumpany!

Once I've got my paperwork later, I'll reply again.

Redx

parking companies have form for not issuing evidence packs, they dont have to do so but if they do then you are entitled to a copy

assuming they dont send one, its in your favour as popla would have to conclude that there is no case and uphold your appeal

I think you are worrying for no reason

if the appeal is with popla, plus if no evidence pack arrives at popla or with you, then popla should rule in your favour

it would be foolish to chase it up, because if they have overlooked it then you dont want them knowing and sending one in

g0wfv

Similar boat here too, however POPLA have received the evidence pack (Friday 16th) and have given me 7 days to "comment" on it.

The snag is, that PE have said they are sending the evidence to me independently which, as expected, I haven't received yet.

Watch out for this one - it's a tactic to make sure you don't have a lot of time to "comment" ie rebut the evidence.

Don't take your eye off the ball just yet! Expect PE to push this out till the very last day (3 days from now) to get the evidence to POPLA and then say they'll be sending the evidence separately.

I'm planning to ring POPLA on Wed/Thu this week to complain if I haven't received the evidence in the mail and request more time.

In the mean time, I am planning to ring POPLA (as soon as I finish typing this) to make it absolutely clear to them that I object to them allowing a PPC to send evidence independently to that which has been submitted to POPLA and allowing PE to potentially pull a fast one by sending a completely different set of documents to me.

g0wfv

Not wishing to hijack another thread, the outcome of my phone call with POPLA has been posted on my thread.

TMTAZZ

Thankyou all for the advice - I'm only a little concerned as the person who answered at POPLA advised me that it was in my interest to obtain that information but I figured that I'd be assisting PE with there case against me! I will wait until the 21 days are up & contact Popla again to see what's going on. I guess I'll have to wait to see what happens...I just didn't want it to affect my chances of having a successful appeal. I'll let u know how it goes. Does anyone know what happens after the 21 days are up...how much 'extra time' will Popla give PE if any....I presumed that if PE don't present an evidence pack in relation to my appeal that Popla would have to just look at my appeal letter (I haven't provided any evidence photo's etc) I am happy to copy/paste my letter on here if useful for others to see...I just have an awful feeling that it's all going to blow up in my face and PE will be successful all over 30 minutes of driving into a car park & not obtaining a ticket because I was dropping off my daughter and went over due to needing to breast feed young baby (15 minutes drop off allowed so 15 mins over but signage is so bad youre not actually aware ofbthis!) & yes i did quote equalities act at them...i just find these big companies to be at an unfair advantage!! Negative mind I guess!!! I'm fighting it all the way though so they can take me to court if I lose...sorry negative again!

Redx

due to the fact that the new service only started 20 days ago, you cannot expect us to know what would happen after 21 days , come back and ask in a few months when we have more feedback on the new popla service and then you may get some answers

at the moment , consider yourself a guineapig or pathfinder , your feedback will help us to determine answers to future questions like this

I would sit on my hands and wait , because if the PPC dont submit the pack I would assume you will win by default, same as in the old days

bod1467

You're supposed to get an email to say that the operator evidence has been received by POPLA. If you don't get that email (check your junk/spam folder) then it should be a default win for you.

But as per other posters (g0wfv above, and tonofun) complain to POPLA if you DO get the email but don't get the evidence pack.