'Grace Periods' when car park rule is 'Do not leave site'

Ivor_Pecheque

Think a there was a recent case where "leaving the site" was ruled unenforceable. (?Pentewen Retail Park) by the IPC

AliceMS88

Ivor_Pecheque wrote: »

Think a there was a recent case where "leaving the site" was ruled unenforceable. (?Pentewen Retail Park) by the IPC

Oooh I shall take a look - would the IPC rulings mean that the BPA would do the same?

Quentin

AliceMS88 wrote: »

I am not sure what my best bet is for POPLA - they seem quite harsh with their rulings! Any ideas?

If you are considering not bothering then think again!


POPLA is your best chance of getting this killed off now (if you win your appeal).


If you don't bother you face 6 years of debt collectors hassling you with letters etc and maybe a court case.


As advised, do a popla appeal and put it up here for comment before you send it

AliceMS88

Quentin wrote: »

If you are considering not bothering then think again!


POPLA is your best chance of getting this killed off now (if you win your appeal).


If you don't bother you face 6 years of debt collectors hassling you with letters etc and maybe a court case.


As advised, do a popla appeal and put it up here for comment before you send it

Will definitely be doing a POPLA appeal, I was just wondering if there is some terminology or specific references I should use to reinforce my case. I don't want to present a weak case and am just unsure as to how to strengthen it. What would you say in your POPLA appeal?

Quentin

There aren't any popla templates.

Do some searching on here. Concentrate on those from this year.

Select bits that apply.

Post up in your thread for comments.

AliceMS88

Brilliant, thank you everyone for your help I will be doing my POPLA tomorrow so will make sure I post it to get your views.

One last question from me for the time being....I'd like to see the contract between BK and APEX to see what rights they have - is it too late to request this from APEX now seeing as though they have rejected my appeal? Can I add that request in my appeal to POPLA or do I have to stick with only what I originally appealed with?

bod1467

http://www.britishparking.co.uk/Approved-Operators

I had to check ... they are BPA members, so POPLA will apply. (I assume you got a POPLA reference code from ZZPS?). That said, their registration with BPA looks weird ... I guess that's why you appealed to ZZPS - they'll be handling the back-office functions for APEX.

Include in your POPLA appeal that APEX have no Locus Standi (standing to make a claim in their own name ... their contract with BK would have to include evidence of such). Search for recent POPLA appeals ... you'll find the necessary wording. You could search this forum (search posts not threads) for POPLA standi or POPLA leave site ... only focus on recent (March 2016+) appeals.

AliceMS88

bod1467 wrote: »

I had to check ... they are BPA members, so POPLA will apply. (I assume you got a POPLA reference code from ZZPS?). That said, their registration with BPA looks weird ... I guess that's why you appealed to ZZPS - they'll be handling the back-office functions for APEX.

Yes, there is nothing on the ticket to say it would be passed to ZZPS - I appealed via an email address on my ticket and then got a reply from ZZPS, I was expecting a reply from APEX but as you say, it looks like ZZPS do all the back office stuff.

I am armed with my POPLA code so will get going on that soon and will post!

AliceMS88

bod1467 wrote: »

Include in your POPLA appeal that APEX have no Locus Standi (standing to make a claim in their own name ... their contract with BK would have to include evidence of such). Search for recent POPLA appeals ... you'll find the necessary wording. You could search this forum (search posts not threads) for POPLA standi or POPLA leave site ... only focus on recent (March 2016+) appeals.

sorry was a bit keen in my response!
Can I say that to POPLA even though I don't know if it's true? I assume I can raise the question and then it would be up to APEX to prove they do infact have Locus Standi (if they do)?

Coupon-mad

Yes and you will find all POPLA appeals here do state things that the appellant doesn't know for sure. I would suggest looking at a similar 'left the site' POPLA appeal such as a UKPC one as we rarely see Apex cases (they are such small fry you'd be mad to pay them, ever!).

I would search this forum for 'UKPC POPLA left site' (I realise yours is not UKPC) to find several recent examples. ONLY read 2016 POPLA appeals, not older ones, not random Google searched ones.