Missed POPLA Appeal deadline

TDR500

Coupon-mad wrote: »

I'd try the phone call first, to the school, asking who contracted the parking firm and who to contact with a complaint. Stay on the line till they tell you...

Your POPLA appeal is moot, because you are too late to submit it. But useful as a basis for a defence if you should need it.

You might get a Letter of claim or court papers from Gladstones in the end but they are defendable. As I stated to a poster just now, I can't recall a forum-defended Gladstones claim which actually proceeded to a hearing, this year. We've helped with bespoke defences in a number of cases but none have actually gone to a hearing AFAIK, and certainly some have been discontinued over the Summer as I remember posters confirming as much.

Will do and post an update tomorrow. Thanks for the advice.

TDR500

Just remembered that another local school is council run but the building is owned by a Japanese investment bank so this could be interesting....

TDR500

Spoke to school receptionist and letter emailed to the school's "Business Manager" late this afternoon. From the extrra research I have done local authorities can use private firms on land which isn't s35 designated for parking or public highway.

Watch this space. PS POPLA was included for background in the hope that the school takes a reasonable view and supports my request to cancel the charge.

Fruitcake

Just a point to note. The Alternative Dispute Regulations 2015 state that ADR must be available for not less than one year.


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/288199/bis-14-575-implementing-alternative-dispute-resolution-directive-and-online-dispute-resolution-regulation-consultation.pdf

From page 27, item 64.

The grounds for refusing to deal with disputes which can be applied are as follows:
- the consumer has made no attempt, in the first instance, to resolve the complaint directly with the business;
- the complaint is frivolous or vexatious;
- the dispute is being or has been considered by another certified ADR provider or a court;
- the value of the claim falls below or above a pre-specified limit (any monetary thresholds must not significantly impair access to ADR);
- the complaint is not submitted within a pre-specified time limit (which cannot be set at less than a year from when the complaint was first submitted to the business);

Since the OP has submitted an independent appeal within the one year deadline, PoPLA are in breach of the UK Government regulations by not allowing the appeal.

Coupon-mad

TDR500 wrote: »

Spoke to school receptionist and letter emailed to the school's "Business Manager" late this afternoon. From the extra research I have done local authorities can use private firms on land which isn't s35 designated for parking or public highway.

Who told you that? The BPA thought as much but the Government does not agree:

http://notomob.co.uk/discussions/index.php?topic=4512.0

As long as there is parking provision for the public (in any way) on that land then it can't be operated as if it was private/under contract law.

TDR500

So do you think it is worth resubmitting to POPLA with reference to this in the covering letter? Subject to the response I get from the landowner of course.

Anyone else with experience of POPLA deadline?

Coupon-mad

No, they will not hear the case beyond about 32 days and you can't submit it online, the code won't work. Even posting it will be wasting a large stamp.

Fruitcake

Coupon-mad wrote: »

No, they will not hear the case beyond about 32 days and you can't submit it online, the code won't work. Even posting it will be wasting a large stamp.

Agreed, but it is worth pointing our if you get court papers that you are prepared to accept ADR in line with the UK Gov regulations, but you were refused by the unregulated parking industry.
Please judge may we save the court's time and money and let this go to ADR?

TDR500

So I got a response from the school. Somewhat misses the point so I will givc it another go. [Redacted] version below. I feel some questions about procurement and an FOI to the local council coming on...

Hi x


Thank you for getting in touch. As you mentioned in your letter we had to enforce parking restrictions at the [school] due a vast number of vehicles that park at the school carpark. We’ve had drivers park in front of the fire exists and the main entrance, causing health and safety and operational issues. There have been instances where cars have been left in our carpark for two weeks at the time.

It is very had to make exceptions, and we had to apply one rule for all. No parking. I am sorry that you’ve received this ticket, unfortunately we needed to enforce this restriction to protect the students and the staff at [the school].

As far as the communication goes we have advised y [after school service provider] that they need to inform all their visitors of the restrictions. These restrictions have been in place for almost 3 years. X [the parking co] is an independent organisation and [the school] does not profit from this venture. Therefore we don’t get involved in the penalty fines.


Regards


[ ]

Umkomaas

causing health and safety and operational issues.

Don't they just love to quote the safety elf when they have no real answer. A proper jobsworth response. Seen it so many times in so many and various situations.

Therefore we don’t get involved in the penalty fines.

Evidence, if it was ever needed, about just what little they understand. Penalise and punish! Do they still administer the cane?