POPLA decision rejected

riverking

I lost a Popla decision. I may have made a mistake not looking for more advice here.

In summary. I entered a car park in Greenwich London. I couldn't find a space. I entered and finally exited 26 mins apart. During that time my defence to Popla was that I entered and exited twice in the 26 minute period so that I didn't contravene the 10 minute rule (IE you have to pay if you spend more than 10 minutes in the car park). The parking operator claims that evidence does not exist on their ANPR system.

Popla upheld the fine based on lack of reasonable doubt that the operators evidence would be wrong. The company chasing the fine is Civil Enforcement.

It's a £100 fine. Any advice?

Thanks, riverking

Coupon-mad

Did you drive elsewhere in between then, can you prove that? Or do you mean you were looking for a space, in which case why did you do a POPLA appeal saying you visited twice?

riverking

I drove out the exit on to the road and then back in again within a minute each time, so that I was in the car park for 8-9 minutes waiting for a space with other cars each time. Then finally gave up. I couldn't work out anyway to prove it and operator says it doesn't exist on their ANPR.

Coupon-mad

As Civil Enforcement are (apart from MIL Collections) the easiest firm to beat if they try a small claim - i.e. they've always discontinued/not proceeded every time we've assisted with a defence, sit and wait and do nothing unless you get a court claim.

Then here's what to do:

https://forums.moneysavingexpert.com/discussion/comment/71748239#Comment_71748239

And he has confirmed they didn't proceed and the claim is stayed by the court. Same as every case we see from CEL.

riverking

Thank you for swift and reassuring advice. Much appreciated

The_Deep

Read this


http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html

riverking

Hi all,


Thanks to people who have already responded I have added this into the original thread now.

The parking ticket is now being enforced by Civil Enforcement LTD.


After failing a POPLA appeal about 4-5 months ago (I didn't check in here to get the right advice, my fault) and hearing nothing I have received a "letter before action"


They have said there is 14 days before issueing proceedings through the small claims and civil court.


They want £140.


They have quoted the supreme court judgement ParkingEye Ltd v Beavis.


Is the text used in the link earlier in the thread by Coupon Mad suitable template text to use in this case and does that mean i do nothing until the court claim is issued?


Thanks in advance

Quentin

Read up on how to deal with this in the newbies faq thread (and all the other very recent threads on CEL!)

riverking

Thanks for pointing out I've had a look.


For clarity here, can you confirm then that the best course of action is to respond to my letter from CEL using one of the templates refereneced in the FAQ link?

nosferatu1001

You need to respond to the LBA
Not an appeal, so dont look at appeals. Youre far past that.

There is hopefully something in the NEWBIES thread - and knowing C-M i bet there is! - around poor LBA. Since October 1st there is NEW standard they must must must follow, and CEL do not. For example, the new time limit is 30 days, not 14.

Computersaysno

Strictly speaking you didn't 'lose a POPLA decision', you lost a POPLA appeal or a 'POPLA decision went against you'.