Help popla refused my appeal!

Umkomaas

Why are you phoning people? Nothing you will get from a phone call is in the slightest bit useful to you should this go to court. For example, the POPLA response would have been extremely helpful in court - if it was in writing (because they are misinterpreting the issue) - but try telling a court 'POPLA told me' when evidence of everything is everything.

Leave the phone alone!

amz123786

When I spoke to POPLA I asked them to confirm the same in writing so Iv wrote them an email confirming what was discussed and asked them to confirm what they have said

I'm very vary of POPLA I don't think they are as independent as they state 😑

So should I now just wait for BPA to respond to me? And then take further action?

Umkomaas

What 'further action' are you anticipating taking?

The ball is firmly in PE's court. Ordinarily I'd say that imminent court action is likely, but this is an Aldi case and no court cases have ever crossed the forums' desks at any time in the past 3 years when PE have been at their most rapacious. Gummy, toothless, debt collector letters are the main likely next (and probably only) move. See NEWBIES FAQ sticky, post #4.

Your POPLA appeal was pretty much doomed once you tried to use the 'not a GPEOL' argument. It sends busy Assessors reaching for the 'reject' button like Pavlov's dog. It's a successful argument now long gone.

amz123786

Some of these comments are so harsh lol! What is GPEOL?

Also I meant further action as is decide if I'm going to pay it or let them chase me and see if they do issue a court claim.

Thanks I will read the newbie post 😊

Umkomaas

What is GPEOL?

It relates to the appeal point you seem to have used 'disproportionate charge', which, prior to Beavis, would have required the operator to prove that their charge was a Genuine Pre-Estimate Of Loss (GPEOL).

The appellant feels that the £70 parking charge amount is disproportionate for overstaying by 14minutes

So whenever a POPLA Assessor sees anything relating to GPEOL, they seem to immediately hit the 'computer say no' reject button, almost with no further regard to other more potent appeal points. And you get this 'out of the box' template response.

Having considered the decision of the Supreme Court decision, I conclude that the parking charge in this instance is allowable. Although the charge may not be a Genuine Pre-Estimate of Loss; the signage at the location is clear, the motorist did not keep to the terms and conditions set out on the signage, and the charge is neither extravagant nor unconscionable.

PS - not sure where you feel I was being 'harsh'?

amz123786

The comments make me feel like I am doomed 😭

Yeah Parking eye keep pulling out the beavis case so I didn't really deny or say much about the amount owed because I knew it wouldn't work anyway. POPLA still went all in though as if I was disputing the amount owed when really I wasn't bothered.

I find it funny that if I had paid when I got the ticket it would have been £40 and now it's £70.

I'm so sad that Aldi can't help me because now Il have to wait for these debt letters to come😢

amz123786

Also POPLA said I had to pay in 28 days so il wait and see what I get from Parking eye and will post it on here.

In the meantime il wait for a response from BPA.

Umkomaas

amz123786 wrote: »

Also POPLA said I had to pay in 28 days so il wait and see what I get from Parking eye and will post it on here.

In the meantime il wait for a response from BPA.

You don't have to pay, and I don't think POPLA would have said 'have to'. The decision of POPLA is not binding on the motorist, only on the operator.

See what PE's next move is - but nothing earthshattering is going to happen.

amz123786

Thanks for everyones help i feel better now and dont feel like i am alone anymore

Half_way

Who's car park was this?