Won POPLA appeal, but I've already paid

magicbobson

Apologies for the long post, but I think you may find this interesting.


I received a Parking Charge Notice from APCOA over a year ago. I raised an appeal with POPLA, which was put on hold whilst the Beavis case was being considered.


When Beavis was finally resolved, I received a letter from POPLA saying that my case was now with an ombudsman, and that I would have a chance to provide evidence. I never heard from the ombudsman. However, very soon afterwards I did hear from AOCOA, gleefully informing me that the ombudsman had found in their favour, and that I'd better pay up immediately or face the consequences etc.


At this point I contacted POPLA for clarification, without success. Eventually I gave up, assuming I was onto a loser. I paid APCOA £100, and insisted on a written receipt.


Now, months later, I have received a letter from POPLA saying that they have upheld my appeal and the operator must cancel the charge! I have contacted POPLA to explain my situation, and to request advice on how to recover my £100, but they say they cannot get involved.


I don't really know how to proceed. I expect APCOA will ignore any requests for a refund. To be honest I feel they have trampled all over the rules and intimidated me into an unnecessary payment. I would love to sue them for this, but I have no idea of my legal standing, how much hassle it would be, or how likely I am to succeed.


Many thanks in advance for any advice.

Quentin

You look to have paid only because they falsely told you that your POPLA appeal had been rejected.


So you pursue them to return the money they got by false pretence.


Ultimately you have the small claim court to use. You would have to pay the court fees up front in full (unless you are of limited means or on certain benefits, when you get help over the fees).


The fee for a court hearing on a claim up to £300 is a minimum of £50. (Minimum £25 if they pay up without a hearing)


(If you win then you get paid back the fees by the loser)

System

You look to have paid only because they falsely told you that your POPLA appeal had been rejected.

You might want to add in misuse of personal data too.

Doubt they would want to dispute a POPLA loss and the DPA claim. Send a Letter before Action first giving them the chance to refund the payment plus compensation for the misuse of your personal data.

Going legal by issuing a claim is normally the last resort so put your demands in writing first.

The_Deep

Do not forget to add interest.

Redx

as above

LBC first, with a reasonable deadline to reply (and to pay)

then its an MCOL for the money back , misleading you , plus add the DPA breach as well ( £250 to £750 for the DPA breach , see parking pranksters blogs and posts by people like CM as well as the above poster )

even more so if it was an airport or similar where byelaws apply

Half_way

Where was the original ticket issued? You could have a claim against the landowner, as you should be pursuing them as well as the parking company

Coupon-mad

I love the fact this OP can now sue for twice the money or more. This is a real fightback thread - YOU MUST see this through and claim interest and compensation for this harassment, obtaining money by deception (allegedly) and DPA breach!

Show us your draft LBC, you can see an example posted by bargepole on the forum somewhere...maybe in the morning, someone more awake than me will be able to locate it!

beamerguy

Has reached the beady eyes of the Parking Prankster

APCOA misleading motorist into thinking they lost POPLA appeal

http://parking-prankster.blogspot.co.uk/2017/02/apcoa-misleading-motorist-into-thinking.html

Quentin

beamerguy wrote: »

Has reached the beady eyes of the Parking Prankster

There's nothing in that link you posted that isn't in this thread.

In fact it just looks a post designed to drive traffic in that direction!

beamerguy

Quentin wrote: »

There's nothing in that link you posted that isn't in this thread.

In fact it just looks a post designed to drive traffic in that direction!

And so it should be, the prankster has a huge following so the more the merrier

safarmuk

C-M I think this is the link you are referring to where Bargepole has drafted a template to be revised on a case-by-case basis for a DPA breach?
https://forums.moneysavingexpert.com/discussion/5585388