Missed POPLA deadline

gorilla17

Sorry to start a new thread, but I can't find a specific answer to this question.

I appealed a Smart Parking fine, which obviously got rejected. I foolishly let the POPLA deadline pass because I was dealing with a major work crisis and lost track of the dates, so when I went to lodge the appeal I was told I was past the 28 days limit. Stupid I know, but I had more important things on my mind at the time.

So my question is this: am I better off to try and get them to extend the appeal deadline (in which case do I speak to Popla or go back to Smart Parking)? Or should I just wait it out in the hope that they don't take it any further?

Many thanks in advance for your help.

Half_way

Try POLA and see what happens, sometimes you can get in with a so called expired code.
Under The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 you shoudl have at least 12 months to challenge this.

Whose car park were you parked in?

Coupon-mad

Wait and see, and defend any claim.

More importantly, what happened when you complained to the landowner and your MP? Always do both.

gorilla17

Thanks for the quick replies, although as you have both suggested different options, I'm none the wiser!

My POPLA code doesn't work, so do I write to POPLA in the first instance, or do I prepare the full appeal first?

The PCN was for Fistral Beach while I was on holiday in Cornwall in April. All I've done so far is appeal the PCN directly to Smart Parking, which, unsurprisingly, they rejected.

Coupon-mad

gorilla17 wrote: »

Thanks for the quick replies, although as you have both suggested different options, I'm none the wiser!

You won't get an extended time for POPLA unless you'd been bereaved or something awful, IMHO.

My POPLA code doesn't work, so do I write to POPLA in the first instance,

No point. You missed POPLA so sit tight.

Smart cases are winnable if they try a small claim and it has no effect on your credit rating and risks nothing onerous by waiting, as long as you do not ignore a LBC or claim (Smart use SCS Solicitors but we've seen them drop it EVERY time so far, when well defended, they look for numpty victims who just get scared and pay up - don't be that person).

The_Deep

They do like to ticket people at Fistral Beach, but from what I have seen on Google Earth their signs leave much to be desired, whole wads of text in minute writing, its is car park !!!!!!, you are not getting a mortgage.


https://www.tripadvisor.co.uk/ShowUserReviews-g186239-d188765-r500101252-Fistral_Beach-Newquay_Cornwall_England.html

I wonder how much the local council charges for similar offences.

gorilla17

Thanks so much for your responses.

I will just sit tight and wait for the legal letters. I will be back for more advice when that comes.

Thanks again.

gorilla17

It's been a while, but I have now received a letter from Gladstones Solicitors. I'm not sure if this actually counts as an intention to sue. The letter just says "Our client now has the option to commence proceedings in the appropriate Civil Court".

Does that mean they WILL commence proceedings, or is this just another scare tactic? Should I continue to ignore this, or is any action now required?

Thanks again for your advice.

Redx

chances are that they will, if its an official GLADRAGS letter with a reference starting with a 1

GLADRAGS get paid either way, so they will push for it to go to MCOL

so assume it will go to an MCOL being issued and plan accordingly

gorilla17

It is an official Gladstones letter, but the reference starts with a 3. Does that make a difference?

Umkomaas

gorilla17 wrote: »

It is an official Gladstones letter, but the reference starts with a 3. Does that make a difference?

It’s a Debt Recovery letter using Gs headed paper. I expect it tells you to pay DRP?

If so, ignore that one until you get one with a 1xxxx reference number and telling you to pay Gs or Smart Parking.

But there’s little prospect of Smart taking this to court, although as they have 6 years to pursue this through the civil court, we never say never.