"Old" POPLA Appeal- current situation?

soton_25

Nicola Mullany is extremely professional and was onto my complaint straight away. She has proposed bringing it to her board meeting on Friday this week (29/1/16) and adding it to her representations to the BPA. I have told her she has my full support. ISPA position appears very clear and in the public domain. It is my understanding that they do not agree with the BPA's proposal for dealing with these adjourned cases, believe the proposal to be unjust and are lobbying as such.

Grandad123

I emailed the ISPA as suggested and got a swift response, so sounds promising.


My reply came from Christine Fraser, Director, who also mentioned the imminent meeting.


It's nice to find someone who actually reads the emails before replying. Unlike the AOS and BPA who send the same old rubbish no matter what you ask.

Gadfium

Thanks for the advice.
I have also written to ISPA advising them of my concerns.

Gadfium

Nicola Mullany responded within minutes. She's also including my case at their board meeting.

jilleebean

I received the 2 emails 02/10/15 ? from POPLA and have had no response since just like everyone else on this forum, my question is based on POPLA,s statement below
What or when is the date of the last action on my appeal if it is held in limbo, regarding data protection and destroying my evidence? will it be 6 months from 02/10/15 or 6 months from a date in their dreams

02/07/15
We have received your appeal.
This will now be sent to Parking Eye Ltd. The operator will send their evidence to us and to you before the scheduled date of hearing.
Your appeal will be considered on or soon after 06 August 2015 . You will be notified of the decision as soon as it is available, in the manner you selected.

Please note that in common with other tribunals, all electronic submissions and attachments received at POPLA will be destroyed after 6 months from the date of the last action in the matter and all hard copy received will be securely disposed of after six months from that same last action date.

Yours sincerely,
Richard Reeve
POPLA Administrative Team
LAST COMMUNICATION FROM POPLA received 02/10/15 at 09:30 PM
Unfortunately due to a system error you may have received an incorrect letter. Please find attached the letter that you should have received.
ATTACHED LETTER
Dear Sir or Madam
As you may be aware, a case concerning parking on private land, Parking Eye Limited -v- Beavis, has now been heard by the Supreme Court of the United Kingdom. However, a decision is not expected for some time.
Where either party has requested an adjournment or where it appears to the Assessor that a POPLA appeal raises the same issue as in the above case, and there is no other ground upon which the appeal can be determined, the matter will be adjourned.
Accordingly, your appeal is adjourned to a provisional date for determination of Monday 9 November 2015.
In the meantime, no enforcement action can proceed once a case is registered at POPLA, before the POPLA appeal is determined. Further, there is absolutely no requirement to pay any sort of ‘administration charge’ to the operator, in order for the case to be taken out of the list.
You should be contacted again after the decision of the Supreme Court is handed down.
Yours sincerely
M Tembo
POPLA Administrative Team
We apologise for any confusion that this may have caused
PART OF INNCORRECT COMMUNICATION received 02/10/2015 at 03:30 AM
Please find attached an important communication from POPLA regarding your appeal.
Before your appeal was determined, it was adjourned pending a decision of the Court of Appeal in the case of Parking Eye Limited v Beavis (B2/2014/2010).
blah de blah
Yours sincerely,
Richard Reeve
POPLA Administrative Team

soton_25

Jilleebean, there is a thread that answers your question - search for "4000". Or look for threads I have posted in. You will soon find it.


NOW THEN everyone else who is interested. Here is a thing.. I received a response to my letter to Patrick Troy "Maclure" from the BPA... at least the reply was from Steve Clark. I know what you are thinking... I got fobbed off with waffle nonsense... good guess, not quite. Certainly appears to be a holding e-mail. Something may be afoot - see what you think



From: Steve Clark (Steve.C@britishparking.co.uk) Sent: 26 January 2016 08:59:11 To: me






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Thanks for your note and for bringing your concerns to our attention. Mr Troy has asked me to respond on behalf of the Association. We are reviewing our position on this matter and will make a further announcement shortly. Sorry if this appears vague but the decision is with my Board and it would be inappropriate for me to second guess what they might say.

Thanks for your patience

Kind regards
Steve Clark
Head of Operational Services
British Parking Association
Tel: 01444 447307
Email: [EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]
Web: www.britishparking.co.uk




From: me
Sent: 24 January 2016 16:59
To: Patrick Troy; Steve Clark
Subject: BPA Proposal for Adjourned Appeals ref Beavis is unfair and unjust



Dear Mr Troy,

I read in the media with some worry the BPA's latest proposal for hearing my POPLA appeal XXX. I write to you to inform your organisation as to why I feel the approach being espoused to assess my case is neither full, proper or fair. I ask that you take action in this regard, not only in respect of my case, but the near 4000 other such cases in undetermined status post the Beavis Supreme Court judgement and the transfer of POPLA from London Councils to the Ombudsmen Service.

It would appear the BPA are proposing to assess my case only on the Genuine Pre-Estimate of Loss (GPEOL) ground in my POPLA appeal. A letter from London Councils (POPLA) dated 2 Oct 2015 suggests my case has no other ground on which my appeal can be determined. This is patently false, even following a cursory assessment at my case. I believe the letter referred to, to be a generic mailing and not in any way directly addressing the detailed issues of my case. You need to be aware of this before you decide the path forward as I do not believe you hold correct or complete information in this regard.

My reason for thinking the BPA proposed approach is unfair is that I have a least one prima facie ground outside of GPEOL that would allow an assessor to find in my favour. For instance, as an example, the Notice to Keeper is non compliant with Act of Parliament POFA2012 and therefore there is no registered keeper liability by statue. As I have refused to name the driver and no Notice to Driver was issued, I cannot be perused as registered keeper.

If the BPA proceed with their proposal as I understand it, natural justice will not be served, reputations will be damaged, the court service of the United Kingdom will be further burdened needlessly, and credibility in the private parking industry will be further limited.

Once again I ask you to act on behalf of the consumer, the motorist and the general public. I very much look forward to your confirmation of receipt of my letter (e-mail) and your informed reply.

love from me

Grandad123

Best of luck with that one Soton.


Also did you see the other thread. Search for 3500, some have probably croaked waiting.

jilleebean

Thankyou for your reply Soton_125, I have read through most of the threads on this subject, but I am just a bit bewildered about when the date of the last action on my appeal will be if it is held in limbo, regarding data protection and destroying my evidence? will it be 6 months from 02/10/15 or 6 months from a date in their dreams. Am I right to think the last action is the last correspondence (02/10/15) or will it be the date when my appeal is finally decided. Is there a limit on the amount of time my evidence can be held?

Please note that in common with other tribunals, all electronic submissions and attachments received at POPLA will be destroyed after 6 months from the date of the last action in the matter and all hard copy received will be securely disposed of after six months from that same last action date

I think I just found my answer (6 years) sorry for the confusion

soton_25

Oh I can't answer that for sure. I am in same boat as you. My assumption is that nothing will be deleted until such time as our appeal is finally adjudicated. I suggest you worry less, if that is not a little impertinent.

PS. Grandad is a bit long in the tooth. Croaking before judgement might be a realistic proposition I guess.

beamerguy

soton_25 wrote: »

Oh I can't answer that for sure. I am in same boat as you. My assumption is that nothing will be deleted until such time as our appeal is finally adjudicated. I suggest you worry less, if that is not a little impertinent.

PS. Grandad is a bit long in the tooth. Croaking before judgement might be a realistic proposition I guess.

Soton, just to say that your letter is briiliant, well thought out and composed. It says everything that everyone wants to say about the BPA fiasco