Premier Park Limited - Now a Court Claim

salmosalaris

Yes , I don't think we've seen any of rhe adjourned gpeol WH cases yet

lemurville

Could you also argue "frustration of contract"? You tried to enter your registration number but the machine printed out your ticket before you could enter it fully.

Coupon-mad

That could be included in a POPLA appeal at the time, or a defence in a small claim situation, yep.

thorfan

I had a cracking weekend but now back to the good fight!

Wasn't the appellant given 7days to respond to the operator's submission on their opinion re Beavis ?

Yes… and they ignored it, because it was not in my initial appeal

Maybe we should start posting our appeals to POPLA as there are no "terms and conditions" stated on their website.

That will be in my next complaint letter

Can I just confirm. Is this "New POPLA" or "Wright Hassall POPLA”?

New POPLA… but from what I am seeing it’s not an improvement

Could you also argue "frustration of contract”?

Tried… and they ignored it, because it was not in my initial appeal

As I said above, I am in the process of writing another complaint; two actually. One is going back to POPLA to meet their terms of complaint (see below) and one is going to ISPA. The ISPA one is going to highlight the statement from POPLA I quoted in my earlier post and how it contradicts the promises that BPA made to ISPA about Beavis related cases.

POPLA grounds for complaint…

We can only investigate complaints that involve allegations of poor service or performance, for example where we have:

-treated you rudely;
-failed to keep you updated on progress;
-caused unnecessary delays;
-failed to explain things properly; or
-any other shortfall in service

If you have a complaint about the standard of service that we have provided, please send us an email to us

I can’t remember any grounds for the first one, but the rest they have definitely hit.

thorfan

Update

I have submitted a letter to ISPA questioning the operation and independence of POPLA. I have also asked POPLA for a copy of the terms and conditions as they are not available on their website.

I have taken a few days to consider your response and wish to inform you that I do intend to provide a complaint based on the five criteria you have listed. In order to do so and to provide constructive criticism I require a copy of the POPLA Terms and Conditions that you state I agreed to. As these are not available on your website outside of your portal, it is difficult to provide accurate feedback.

Please provide a full copy of the Terms and Conditions by 17:00 Thursday 3rd March 2016. Failure to do so will be taken as an admission that your Terms and Conditions are not binding

thorfan

Ok... so been a busy mont at work so I have been able to update this thread.

POPLA - POPLA have now told me repeatedly that they are not going to do anything with re-opening my case. They did finally provide the T&Cs that we sign up to when we submit an appeal.

"Please be aware: You will not be able to edit your appeal once you have submitted it. It is important that you have provided all necessary information as you cannot challenge POPLA's decision later. If your appeal is unsuccessful, there are alternative routes to resolve your dispute."

Umm... thanks for that POPLA

ISPA - My letter to the ISPA was put in front of the board and passed to their Independent Assessor to review whether the process applied to my appeal was fair and consistent with the service provided by POPLA. This may take 8-12 weeks so I'll update then.

BPA/AOS - They investigated my complaint about the missing evidence. Premier Park did not deny sending the Witness Statement to POPLA, but claimed they expected POPLA to pass it on to me. BPA/AOS have told Premier Park that all evidence is supposed to be sent to the appellant and that this is to occur in the future. Apparently they are going to send the missing statement to me, but as I have been waiting 2 weeks I am not holding my breath.

Which brings me to...

Premier Park - After the POPLA decision they sent a letter requesting payment which I ignored. I have now received a 'Offer to Settle to Avoid Court Proceedings'. It was dated 1st April which made me giggle. It includes the lines:

"We are preparing to refer your case to our solicitor for recommendation to commence court proceedings against you"

and

"In order to comply with all aspects of 'pre-action protocol' and to demonstrate to the court our attempts to resolve this matter before the need for court proceedings, we are now requesting settlement"

and

"Please note that if you are liable for this charge and court orders you to pay the parking charge, a County Court Judgement against you could seriously affect your ability to obtain credit in the future"

Ohh... I am quivering in my boots in fear.

So... BPA/AOS are getting a snot-o-gram this week telling them that Premier Park have failed in their promise to send me the witness statement. Premier Park are just getting ignored unless someone can argue that their letter is supposed to be a Letter Before Action/Court (whatever the terminology is at the moment).

Back to my beer and pizza

BT68

Enjoy both!

The_Deep

If this ever gets to court some serious doo doo is going to hit a revolving object.

beamerguy

The BPA/POPLA have become a useless organistation.

Patrick Troy is hardly a powerhouse is he ? as CEO of the BPA, Troy seems completely oblivious to the damage being done.
A new CEO should be sought who is not connected whatsoever with the parking industry.

What idiot would let Wright Hassall Solicitors into the system, who have a known record of harassment and threats ??? The BPA did under the watch of the CEO, Patrick Troy .... amazing stupidity !

Then there is the ISPA, the Independent Scrutiny Board, what exactly do they scruntinise ??? certainly not the BPA/POPLA.

Far too many "cooks" spoiling the broth

The time is coming when POPLA will be ignored just as the IAS and the county court will be told that there is no longer an independent assessor who understands the so called code of practice.

PREMIER PARK:
Do these idiots think they are the judge in a county court by saying
"Please note that if you are liable for this charge and court orders you to pay the parking charge, a County Court Judgement against you could seriously affect your ability to obtain credit in the future"


Complete scare tactics from a typical scammer.
They forgot to say "If you win, you pay nothing"
Even if the judgement went against you, you still have plenty of time before you get a CCJ which could affect your ability to obtain credit. SCAMMERS TALK.

Right now, even with so many bad rejections from POPLA assessors, it does not follow that the operator is going the win.

thorfan

BPA are again looking at Premier Park Limited for me as I still haven't seen the witness statement.

Having seen the recent thread about the win at POPLA for a non-compliant NTK from Premier Park Limited I have now found that my NTK has exactly the same flaw. I do hope that this goes to court as I am going to have some fun. I am definitely considering counter-suing them for loss of earnings, stress etc.