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Rejected Popla Appeal

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Hi,

A quick breakdown of events :-

15/3/15 - PCN issued by Parking Eye, I had parked on service road which is common practice at the Pipeworks Shopping Centre, Swadlincote as spaces available are woefully inadequate. Had parked here many times previously.
16/3/15 - Appeal to parking Eye via email, grounds Insufficient Signage and charge was unreasonable. Only 1 No. new sign sited at mini roundabout with additional sign facing the opposite direction of travel.
26/3/15 - Initial Appeal rejected.
10/4/15 - Appeal to Popla - At this stage Parking Eye had installed additional signage, moved existing signs and painted double yellow lines along the service road. My argument was that if signage was sufficient at time of alleged offence why would they install additional signs and double yellow lines. The new additional signage was basically solving the inadequacies which I had complained about in my initial appeal.
26/8/16 - Email from Wright Hassall informing me that appeal had been rejected due to Parking Eye v Beavis and signage was adequate. They request payment in 28 days £100.00

Would really appreciate some advise on this, what are my options? I can forward photos of the service road at time of offence and signage now which incorporates all the new signs and double yellow lines. If I don't pay (which I'm not intending to) what would be my chances in court, would I need to pay court costs (assume small claims)?
«13

Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I assume this was the dodgy POPLA operated by Wright Hassall
    AND approved by the failed BPA ?

    A few years ago I had a similar problem with a council. I know yours is not council but the principal is the same.

    In the pictures they sent with their claim, the signage was poor and the road markings were faded. My appeal was rejected so I took it to the Traffic Tribunal and won.

    The stupid council flawed themselves by not only including the original pictures but updated pictures where they had changed the signs and re painted the road markings. They did this after the event.

    Sounds like yours is similar and whilst because it is private parking, you cannot appeal to the Traffic Tribunal.

    The Traffic Tribunal warned the council that they cannot make fake claims which differ from the event.

    Up to recently we would advise to complain to the ISPA about the ridiculous adjudication from Wright Hassall but the ISPA has become a totally defunct operation courtesy of the nearly defunct BPA

    Gather your evidence for the specified date and if it does go to court, I'm certain a judge would be very interested in seeing the before and after pictures
  • Castle
    Castle Posts: 4,754 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The important question is whether parking was allowed or not; if not, then the driver was a trespasser and the Beavis judgement wouldn't be relevant.
  • Herzlos
    Herzlos Posts: 15,865 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    26/8/16 - Email from Wright Hassall informing me that appeal had been rejected due to Parking Eye v Beavis and signage was adequate. They request payment in 28 days £100.00

    Wright Hassall seem to be rejecting appeals for all sorts of dodgy reasons. I'd complain to the BPA, and the ISPA (http://ispa.co.uk/about/faq).

    Don't bother to respond to Parking Eye or Wright Hassall, or pay anything unless any court papers come through, which you can defend.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Herzlos wrote: »
    Wright Hassall seem to be rejecting appeals for all sorts of dodgy reasons. I'd complain to the BPA, and the ISPA (http://ispa.co.uk/about/faq).

    Don't bother to respond to Parking Eye or Wright Hassall, or pay anything unless any court papers come through, which you can defend.

    The ISPA made this statement this month about Wright Hassall
    http://ispa.co.uk/userfiles/files/ISPA%20Statement%20regarding%20PoPLA%20complaints%20being%20administered%20by%20Wright%20Hassall.pdf
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    that statement contradicts the previous one , where staff were at WH overlooking the appeals
    Save a Rachael

    buy a share in crapita
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    pappa_golf wrote: »
    that statement contradicts the previous one , where staff were at WH overlooking the appeals

    certainly does but as the BPA finance the ISPA, it is no doubt a gagging order from the BPA to stop more rotten eggs falling on their faces regarding Wright Hassall
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    http://parking-prankster.blogspot.co.uk/2016/04/wright-hassall-right-shambles.html


    ISPA are currently monitoring the appeals process and have appointed two people to check appeals, so if you have any problems either with the procedures or with the quality and competence of the Wright Hassall assessors you should contact ISPA with your complaint.


    is that "watching" or "monitoring"


    and nothing will be done
    Save a Rachael

    buy a share in crapita
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    pappa_golf wrote: »
    http://parking-prankster.blogspot.co.uk/2016/04/wright-hassall-right-shambles.html


    ISPA are currently monitoring the appeals process and have appointed two people to check appeals, so if you have any problems either with the procedures or with the quality and competence of the Wright Hassall assessors you should contact ISPA with your complaint.


    is that "watching" or "monitoring"


    and nothing will be done

    It's nothing pappa, it's old news, one minute they can, next they can't ???? the lot of them are a complete farce

    FARCE ... google search
    "a comic dramatic work using buffoonery and horseplay and typically including crude characterization and ludicrously improbable situations"

    Sums up the BPA
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    beamerguy wrote: »


    now reading that
    "ISPA does not have a direct arrangement with Wright Hassall. The appeals process is under a
    contract between Wright Hassall and the BPA, so ISPA does not have the powers to ensure it
    can carry out investigations and audits of cases dealt with by PoPLA operators."


    the BPA have now stated that "POPLA" is a "brand" name and they can hire (or franchise) out the "brand name" to any company they wish


    did the ISPA actually have a contract with London councils , or the ombudsman services , or is/was the contracts between them and the BPA ?
    Save a Rachael

    buy a share in crapita
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    pappa_golf wrote: »

    the BPA have now stated that "POPLA" is a "brand" name and they can hire (or franchise) out the "brand name" to any company they wish

    Well the BPA made a right pigs ear of that with Wright Hassall
This discussion has been closed.
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