UKPC POPLA appeal rejected. Where to go from here?

Hi there.

First of all I have read the newbies section, several times, it's very useful, but some of it a little no specific or confusing.

I'll start by explaining how I was issued the ticket.

I pulled into a free UKPC car park, it's at a town hall near some shops. The regulations are that you get a ticket, and you can park there for free for two hours. I forgot to get a ticket, upon realising, I ran back to the car, it'd been 12 minutes and the guy said it was too late and had already been issued, I could see he had just done it. The fine is for £100.

On the informal appeal to UKPC I said it was not a genuine pre estimate of loss, grossly disporportionate, and unfair. I realize now that since the Beavis case, these are mostly rejected. I also, regrettably admited I was the driver, in both the informal and the POPLA appeal. I told them I was taking my mother from a rather serious hospital appointment, the parking pass for which is actually pictured in the evidence photos UKPC took. A mistake nonetheless I gather from what I have read here.

So I am where I am now, UKPC and POPLA both rejected my appeals on the basis GEPOL is not sufficient, and the mitigating circumstances were also irrelevant. The basis for their case is that I broke a contract, which was displayed on signs.

As I understand, the next move is to write to the land owner, and POPLA themselves and complain about my rejected appeal, if only to show in the event they take me to court. My questions are, on what basis should I complain to the land owner and POPLA, how should I word it. And further to that, how likely are UKPC to take me to small claims, and in the event that they do, and I lose, will I also have to pay court costs and any inflation of the fees they have added? I've seen mixed answers for these, some saying you don't have to pay court costs even if you lose, and still only pay the initial £100 fine?

Thanks for reading, hope I haven't made any newbie faux pas, and thanks in advance for any help

Replies

  • The_DeepThe_Deep Forumite
    16.8K Posts
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    Wait and see what damage HMRC wreck on them.


    http://parking-prankster.blogspot.co.uk/r
    You never know how far you can go until you go too far.
  • sublimerulesublimerule Forumite
    4 Posts
    Third Anniversary First Post
    MoneySaving Newbie
    interesting piece. any insight to my questions at all? thanks for the reply
  • RedxRedx Forumite
    36.9K Posts
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
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    Hi there.

    1) how likely are UKPC to take me to small claims,

    2) and in the event that they do, and I lose, will I also have to pay court costs and any inflation of the fees they have added? I've seen mixed answers for these, some saying you don't have to pay court costs even if you lose, and still only pay the initial £100 fine?

    1) only UKPC could answer that question and they definitely wont tell us

    you can check the BMPA zendesk for the past figures on court cases but nobody can predict the future , so its wait and see (for up to 6 years)

    2) you must pay whatever the judge deems the judgement is , only he or she can tell you the answer and this varies enormously

    generally speaking , you may have to pay the £100 plus costs etc which can mean a figure of £175 to £225 , but a judge could just as easily award £10 to the claimant, or if not defended properly the claimant may add on larger fees and costs

    but a typical figure in a well defended case is about £100 for the pcn and £75 in costs = £175 in total

    there are various threads on here with breakdowns of these figures , just seek them out and read them , because any questions you may have are not new and will have been asked and answered numerous times before

    landowner complaints and popla complaints have also been mentioned numerous times in other threads too , you may seek them out, but unpaid olunteers on a public free forum are unlikely to do the spadework for you (certainly not me , but I assure you the answers are already on this very forum , somewhere)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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