Parkign Eye - Newquay

Carthesis

Write to them and inform them you never received any communication from them regarding your appeal.

Tell them that by denying you access to POPLA they are in breach of the BPA COP.

Tell them you're putting them to strict proof that they responded to your initial appeal, as you didn't see it.

Tell them you'll complain to the BPA and the DVLA.

If you're feeling bolshy, tell them that if they're denying you access to POPLA without providing proof that they responded to your appeal with the appropriate referral, they may as well submit an LBCCC that is compliant with practice directions now so you can let a judge sort the issue out, and that you'll be presenting their refusal to allow you to go through ADR as point #1 of your defence, demonstrating both their unreasonable behaviour and their willingness to waste the time of the court.

Redx

and yes you need that all important popla code in order to appeal to popla

nobody can appeal to popla without a popla code , so make the PPC issue it by complaining, in writing , by email or by letter

SamboJambo

Thank you both for your help, I have sent another e-mail off to Parking Eye.

SamboJambo

Hello,
I just thought I would update you all. It is not good news, I sent my appeal off to POPLA going with everyones advice (Thank you again for all your help). I gave them all the relevant info regarding times etc, but also informed them that I had my baby and young daughter with me which meant dealing with car seats, I mentioned the van that was parked in a way that obstructed one of the rear passenger doors and the fact that this is Newquay in peak season so you have to queue to buy a ticket and to leave the car park as it was on the main road into Newquay. They agreed with me on every point but then at the end of the notice they stated that as I had failed provide evidence that I had to queue, had children with me or that a van had parked too close, I had lost my appeal.
I am furious, I cannot believe that they have rejected the appeal on something so ridiculous, I doubt anybody takes a photo of the queue at the parking ticket machine or a junction they are waiting at, I didn't even think to take a photo of the van as I didn't know it was going to 'come back to bite me on the bum' for want of a better phrase. I would have thought that waiting/queuing times were a given at that time of year in one of the UK's most popular holiday destinations.

Coupon-mad

They agreed with me on every point but then at the end of the notice they stated that as I had failed provide evidence that I had to queue, had children with me or that a van had parked too close, I had lost my appeal.

How on EARTH do they expect a person, weeks, later, to prove that?! And you don't have to - in cases heard in small claims, Judges have believed the Defendant's honest account (for example, IvorPeCheque here won at a hearing by stating truthfully that the driver was driving around at a Newquay car park for 31 minutes, fruitlessly looking for a space in Summer). Judges often make fairer decisions than POPLA.

So now it is up to you - sit tight and be ready for a hearing, or pay and fume...

SamboJambo

Thank you for your reply. That is why I am so cross, to me it is an unreasonable thing to request. (I made a mistake above, they were only questioning my lack of evidnce to support the queuing and the van parked next to us not the children, I read it on Friday and haven't had a chance to get on here since).
I have no idea how it works if it goes to court, do I have to attend court? and pay for a solicitor? What happens if I lose, do I then have to pay court fees too? Sorry if they are stupid questions. I really begrudge paying (and as a fmaily with 2 small children and only one of us working we dont have £100 laying around) but it concerns me that if I go to court and lose will I end up having to find even more money?

Redx

yes you should attend court (it will be your local court , small claims court)

its a civil matter , so its a civil court , with a judge presiding , not a criminal or magistrates court

no you do not need a solicitor nor is it wise to hire one , it would cost more than the court case if you lost, and the costs are not recoverable (which is why its the small claims court)

if you lost you would pay some court fees and you may pay between £175 and £250 if you lost , or claim up to about £90 if you won

the newbies sticky thread - court section , and the bargepole links explain it , as does the government MCOL website too

Coupon-mad

I have no idea how it works if it goes to court, do I have to attend court?

Yes. Nor a criminal court - more like Judge Rinder (sort of, without the quips!).

and pay for a solicitor?

No.

What happens if I lose, do I then have to pay court fees too?

Typically a losing Defendant v a PPC pays about £175 -£200 tops and can arrange a payment plan. No CCJ as long as you pay IF you lose in the end.

You may as well fight and see if a Judge treats you more fairly.