Popla appeal rejected now had letter re: court

Schlingel

I had a parking eye fine and appealed to popla. I received an email saying parking eye had uploaded evidence. When I logged onto popla there was a message saying 'parking eye have not uploaded evidence'. I assumed I would win by default and let it at that. I then received an email saying my appeal had been rejected and I needed to pay. I replied asking how I had lost if parking eye had not uploaded evidence. They said I had an email stating evidence was uploaded and procedures had been followed, that I should have asked to see the evidence. I sought advice from citizens advice who told me to go back to popla!! I made a formal complaint to popla and again was told procedure had been followed. I contested this, the webpage stated 'parking eye submitted no evidence', rather than something that suggested a mistake had been made such as 'evidence can't be seen'.
I have now received a letter before court claim. What do I do? Do I stand a chance?

nosferatu1001

Did you take a screenshot of the POPLA website saying no evidence uploaded? Yes or no

Given we know nothing about your circumstances, what you appealed, what PE said, etc, how can we give you any help? Our mind reading powers are pretty poor....

Schlingel

Yes I do have a screen shot as they asked for this. In fact when I log in now it still says parking eye did not submit evidence, despite popla referring to evidence in the reply.
Sorry I didn't think the original circumstances were related to this incident. Basically I parked in a retail park and overstayed by 26 minutes. I didn't see the signs, the retail park isn't local and I assumed the same rules applied as at my local park. My fault technically I guess. I just really do object to the way they go about things, e.g. They ask for evidence but they don't issue the ticket till 2 weeks after, the retail park is an hour from my house so how do I collect evidence? I am happy to try my luck in court if only to make things difficult for them

nosferatu1001

You said "do I havea chance"
Well that can only refer to your chances at small claims, which si where this WILL end up IF you dont get PE to step back.

You need the enforcement@ parking eye adderss, shodl be on LBCCC letter, and supply evidence that you were not given chance to rebut their claims

We still don't know what your appeal was, to knwo if you had a chance anyway.

waamo

Have you complained to the retail park? There is a good chance they can cancel it.

Schlingel

My appeal was basically that (from memory) I was parked against a wall and the nearest signs were over the road. I haven't complained to the retail park but I will.

Umkomaas

I was parked against a wall

Bang - keeper's toes blown off! Did you literally say exactly that?

Schlingel

I don't understand what you mean. I can't remember what I said. Something along those lines probably. That's not my point anyway, my point is I wasn't able to challenge the evidence.

Umkomaas

nosferatu1001 wrote: »

You said "do I havea chance"
Well that can only refer to your chances at small claims, which si where this WILL end up IF you dont get PE to step back.

You need the enforcement@ parking eye adderss, shodl be on LBCCC letter, and supply evidence that you were not given chance to rebut their claims

We still don't know what your appeal was, to knwo if you had a chance anyway.

Schlingel wrote: »

My appeal was basically that (from memory) I was parked against a wall and the nearest signs were over the road. I haven't complained to the retail park but I will.

Umkomaas wrote: »

Bang - keeper's toes blown off! Did you literally say exactly that?

It was in the context of nosferatu's comment about what your appeal consisted of. By identifying the driver, the keeper's protection under the Protection of Freedoms Act 2012 is blown away. There are other points on which a defence can be mounted - not all is lost.

Half_way

waamo wrote: »

Have you complained to the retail park? There is a good chance they can cancel it.

waamo has some good advice, you should do this ASAP.
post your complaint here first, you are trying to get one of two responses from the retail park:

1: a cancellation of the ticket, as parking eye are their agents the retail park, as principal can cancel any action by their agents at any time (regardless of what/if POPLA have said anything ) upto judgement in court

2: A statement from the retail park that they do not want this matter to be pursued through the court system, something along the lines of "Can you please confirm that you do not want your agents, Parking eye to pursue the parking charge though the court wasting valuable court time and money on such issues by responding with a We do not wish Parking eye to proceed with this through the court system"

If you cant get a cancellation, then a statement form the landowner saying they do not want this going to court will kill anything from parking eye stone dead, as without the authority of their principal( the landowner) they should be stuffed.
furthermore, as long as you let parking eye know about this and if you get such a statement you must let PE know, and if PE continue with the court process you can claim unreasonable behavior from parking eye in your defence and costs.

nosferatu1001

Schlingel wrote: »

I don't understand what you mean. I can't remember what I said. Something along those lines probably. That's not my point anyway, my point is I wasn't able to challenge the evidence.

When you complained to popla, did you supply evidence if the website incorrectly stating pe had not provided comments?
Yes or no.

If "yes", what EXACTLY did they say SPECIFICALLY about that point. Was it even addressed?

I know you really think that point is important, but if it gets to court, it probably won't be. What will be important will be specifics, which so far you've failed to give us. Despite being told were not mind readers.