popla didn't get pdf so i obviously lost , what now?

delow

Hi I put together a 9 page pdf with great help and advice from this forum and sent it to popla as a pdf with no way of knowing if they got it ( as its not an email ) i received nothing back from them saying that all they had from me where the words " my popla appeal is in this pdf " so obviously i lost . I sent them a few emails back and forth explaining that this was slightly unfair and i hadn't had a fair appeal but it fell on deaf ears . This was about 3 months ago and i haven't heard anything from parking eye until today , now they have sent me a " letter before county court claim " stating that if it go's to court i will have to pay an additional £50 solicitors few plus £25 court fee. Just seeing what my options are now , i still have to 9 page pdf on my computer . Would it be worth going to court with this ? Thanks

Coupon-mad

Depends what the circumstances are - if it's a non-POFA PCN and you never said who was driving and it was a site known to have issues (e.g. dodgy signs and ownership at Aire Street Leeds, parking in the dark) then you have more scope than a POFA PCN, issued for a significant (over 20 minutes) retail park overstay in broad daylight.

claxtome

Is this thread related to any of your other 2 threads. If so it is better you stick to the rules - 1 case per thread.

Easier for forum members to see the background of your case and it's passed history.

Sounds like it will be from the quote:

Hi I put together a 9 page pdf with great help and advice from this forum

If so I suggest you post in your original thread.

pappa_golf

if the 9 page PDF was good enough to win at POPLa , then use it or parts of it in any court case

Half_way

Who is this they? you havent provided any information on how you got a ticket in the first place, or any other information that could be of use if you wan help.

delow

Sorry thought that my old posts here as well , it was in tower road newquay and i was 11 mins late . And take off 5 mins to buy the ticket. . looking at the rest of the letter they have put a Annex 1 information sheet and in it it say "how long do i have to fill in the reply form?" you only have 30 days from the date at the top of the letter from the business to send back the reply form , if the business does not get your reply form within 30 days , it could TAKE YOU TO COURT in relation to this dept . Is this just a generic letter , don't want to mess up my credit but really don't want to pay these doughnuts either .

pappa_golf

11 minutes late , what , from buying your ticket , OR as recorded on ANPR cameras

remember , there are 2 grace periods when paying for parking , one at the start and one when leaving

Umkomaas

it was in tower road newquay

There have been a couple of recent threads about PE initiating court action over Tower Road. I’ve struggled to find previous cases to those, and I’m wondering whether previously the golf club has not given PE permission to do so, but maybe buckled under pressure, or there’s a new Secretary who’s been persuaded to agree?

don't want to mess up my credit but really don't want to pay these doughnuts either .

The only way to ‘mess up your credit’ lies in your own hands. Ignore court papers, or go to court, lose, get costs awarded against you, you refuse or forget to pay those costs by the deadline set by the judge are the only ways really of ‘messing up your credit’.

To help everyone contributing to your case, please PM Crabman or soolin (Board Guides) and ask that your separate threads are merged into one. Links to the Board Guides can be found in the bottom r/h corner of the forum thread list page, one back from this one.

Coupon-mad

i was 11 mins late

Within a reasonable grace period at a very popular beach car park - very defendable in court. POPLA have upheld appeals on that basis before at this very car park over more than 11 minutes, and PCNs have been cancelled here all the time due to POPLA. So you would have won and can defend it.

It's a letter you must reply to - look up the PAP for debt claims to follow what YOU must do.

Half_way

possible option for landowner complaint - especially if the time is only 11 minutes?

delow

Hi this was the last email i received from popla after complaining that i didn't get a fair appeal as they did not receive any information from me

Thank you for contacting POPLA.



I appreciate the time you have taken to write to me as we take all complaints very seriously.



You have raised concerns about the decision made for your appeal.



Firstly I would like to explain how POPLA works. POPLA is an evidence based appeals service that work by comparing the evidence provided by both parties before making a decision. POPLA is impartial so does not contact any third parties for information or provide advice; we solely rely on the evidence provided to make our final decision at the end of the process



As previously advised the PDF document you are referring to was not attached to your appeal. As such the assessor was unable to address your points and assessed the appeal in line with POPLA’s process. It is not the role of the assessor to contact you to advise that we did not receive your PDF, just as we would not contact the operator if their evidence is not attached, as we have to remain impartial to both sides involved.



Following my investigation of your complaint, I do not consider that there have been shortfalls in our service and I am satisfied that we have dealt with your complaint in line with our processes and procedures. As such my response now concludes the complaint process, and there will be no further review of this appeal as it is now outside our remit.



We will not be engaging in any further correspondence with you in this matter.

So after looking online and from the previous posts from you guys are my options

pay ? ( not going to)

dispute with parkingeye ( they will just tell me to pay )

go to small claims court (50/50 win loose)

keep buying time until they give up . (they might not ?)

Can you offer an amount of money eg £10-£20 or would they just turn it down ?

As far as i can see the Annex 1 form i tick the " i dispute the dept " box , then should i explain that they won the popla appeal because they didn't get my pdf and i am seeking legal advice . And should i send them a copy of my 9 page appeal ? Thanks , happy new year !!!