**F1rst Parking Evidence Pack! What do I do now? :(**

Redx

yet another failure by Victoria

have a look at the recent popla decisions, in here https://forums.moneysavingexpert.com/discussion/4488337

she has swallowed the Beavis judgment and seems to ignore all the rest

like many others , you may have to draft a complaint to the popla lead assessor and then subsequently to Nicola Mullany at the ISPA too

http://ispa.co.uk/board?member=1

The_Slithy_Tove

At this rate, we'll be advising people to not bother with the new POPLA, as they seem to be as bad as IPC now. Utterly shameful.

NotPayingThisNoWay

Guys, they have given me until the 7th of April to pay the fine. Just received a letter to my home address claiming they will escalate it further if it is not paid.

I don't think I can continue appealing this ticket, it's nearly been 5 months and this is still giving me a headache. I've got about 6 days, I can make complaints but I don't see how this will help my case.
I think I may have to pay it after all..

bod1467

What else did you expect them to do? All you'll get now are toothless debt collector garbage letters, with the outside chance of a real court claim.

Have you read any of the posts advising you of your next course of action?

And you don't need to post in huge bold font. That'll have the effect of making people LESS likely to help you.

The_Deep

I think I may have to pay it after all..

Why? Why not treat this as a merry jape and pull their tales?

Complain to their A.T.A, complain to the landowner, complain to the University authorities, complain to the Students' Union, complain to the Local Trading Standards chappies, (but only in writing), complain to your M.P.

Cause a shitstorm, make them spend money.

Umkomaas

NotPayingThisNoWay wrote: »

I think I may have to pay it after all..

And there was me thinking your user name was pure bravado ......! :cool:

Marktheshark

With a contract that is third party and not with the landowner, on a locus standi defence the judge will normally boot them out.

Coupon-mad

NotPayingThisNoWay wrote: »

Guys, they have given me until the 7th of April to pay the fine. Just received a letter to my home address claiming they will escalate it further if it is not paid.

I don't think I can continue appealing this ticket, it's nearly been 5 months and this is still giving me a headache. I've got about 6 days, I can make complaints but I don't see how this will help my case.
I think I may have to pay it after all..

Why on earth would anyone pay F1rst Pakring?

So big wow, the letter says they will 'escalate it further'...what do you think they will do? They don't sue people. They send letters; they get debt collectors to send more letters. This isn't a fine and does not affect your credit rating and no-one sends the boys round, this is not bailiffs and THE LETTERS ARE NOT PARTICULARLY BOTHERSOME AT ALL.

YOU WOULD BE MAD TO PAY JUST BECAUSE YOU LOST AT POPLA WHCIH WAS WRONG AND SHOULD BE THE SUBJECT OF A COMPLAINT NOW. HOW MANY OTHER PEOPLE DO YOU THINK ARE CURRENTYLY COMPLAINING ABOUT POPLA ERRORS? LOADS.

I cna think of half a dozen on this forum recently who have submitted a formal complaint to POPLA then to ISPA, because POPLA have erred.

Yet you think you must pay?!

What do you think we all did before POPLA existed? We ignored them from the outset. Letters like that were routinely laughed at and here we have you ready to fold and pay just because POPLA have new Assessors who got it wrong.

Just because a person has lost at POPLA (right or wrong, and in your case, it's wrong) is not a reason to pay F1rst Parking! Of course they would start a series of letters suggesting you now throw in the towel and pay. They would say that, wouldn't they? So what?

We have told you what to do next. This should be a formal complaint to POPLA first, then ISPA. Just a couple of emails, POPLA first, headed up 'formal complaint' and saying you wish to invoke their complaints procedure before referring the woeful lack of duty of care or attention to any details at all, shown by the Assessor, to ISPA.

Also if an appellant can 'comment on the evidence' what on earth is the point, if POPLA are going to say they are ignoring all comments because the operator doesn't get to see those - so why offer 'comments on evidence' then? Nothing NEW was added!

Come on, F1rst did not even add a word about Beavis to justify the construction of their charge and POPLA just applied that case anyway; it CANNOT be assumed that First have a legitimate interest that they have not even bothered to set out - maybe they have fixed the charge as damages (in which case the Beavis case actually exposes that as a penalty!). POPLA cannot write a case for a parking operator and introduce case law which may well have no application (that was F1rst's job to argue and they did not justify the charge at all, not even a single word about it).

And even worse and very obvious, F1rst did not even include a copy of the PCN or NTK in the evidence pack. !!!!!!?! How did the POPLA Assessor not notice that, how can she assume the PCN was properly given, with no PCN included in the evidence pack?! Also the Assessor declared that 'consumer law does not apply when parking on private land'!! Really?? Basic stuff and terrible errors.

This is hugely worthy of a complaint. Nothing to panic about.

NotPayingThisNoWay

Before I start, I'd just like to apologise for panicking and NEARLY paying the ticket! I just had some external stress and wanted this to disappear ASAP.
Thank you for everyone who replied, I appreciate your input. I've read over all the comments and I'm definitely going to go ahead and send in a complaint.

Here is some NEW information I would like to share with the forum. I think it may help my case and also others in a similar situation:
At the time of receiving this ticket, I actually got a different ticket for parking in the same spot but a about week later. Initially I ignored both and I only posted on this forum after I was sent the first letter to my home address. After I received the second letter, I didn't think it would be helpful to open another thread about the same situation. So I decided to appeal BOTH tickets using similar if not the same grounds of appeal.

So just to summarise:
1) The first ticket was Rejected by POPLA (This is the one I've been posting on the thread about)
2) The second ticket I appealed was Successful (Used pretty much the same arguments as the first)

This brings me onto the present. I've been successful in one of my appeals, but rejected on another. The place where I parked was exactly the same, the timings were pretty much the same and all this occurred within weeks of each other. So why was one accepted and the other rejected?! Clearly there are some discrepancies here.

Do I mention the second ticket being successful in my complaint to POPLA? Or do I just disregard that I've won a case already for the same situation.

I have uploaded a new picture on the photobucket link I've been using for this thread. This picture shows the reasons I was successful for the second appeal. If anyone thinks I can use this to help me in the complaint. Feel free to suggest sentences I should quote. Heres the link again.

s204.photobucket.com/user/tawf9494/media/F1rst%20Parking/Success.png.html?sort=3&o=0

Again, thank you all for your help, and hopefully this thread is benefiting others. I'm actually looking forward to the outcome of this whole situation! Because like my name, I am Not Paying This, No way. :j

Herzlos

You should be bringing the discrepancy to POPLA - one of the assessors got it wrong, and POPLA has been producing some pretty random and badly skewed results of late - presumably with the change they've got a lot of staff with no idea what they are doing.