POPLA appeal rejected - advice needed

Siobh_JJDM

Helli everyone!

About a month ago I received a £100 PCN from “Civil Enforcement LTD” for having overstayed in a car park with a maximum allowed parking time of 15 mins (managed by my GP’s surgery- although this happened outside opening hours, I just left the car there in a hurry not having ever noticed the signs/camera in the past).

I’ve been completely honest about how it happened when sending my POPLA appeal and of course this resulted in it being rejected after Civil Enforcement quoted the Beavis Case in response to me arguing that I was not made aware of the T&C’s (apparently they thought the signs were easy enough to see?).

I really hate the idea of having to fold and pay the £100 over something so minor, but quite frankly I don’t see another way out after POPLA appeal has failed. Any input would be very much appreciated !!!128522;

System

Just ignore as the decision is binding on them and not on you.

Siobh_JJDM

What happens next if I just refuse to pay then? I literally don!!!8217;t know what to expect, they sound pretty !!!8220;serious!!!8221; about collecting the money.

Siobh_JJDM

Civil Enforcement has now uploaded its evidence via our portal. This is now available for you to view by clicking here.

You have seven days from the date of this correspondence to provide comments on the evidence uploaded by Civil Enforcement.

Please note that these comments must relate to the grounds of appeal you submitted when first lodging your appeal with POPLA, we do not accept new grounds of appeal at this stage.

Any comments received after the period of seven days has ended will not be considered and we will progress your appeal for assessment.

Last email I received from them, I don!!!8217;t know if it helps you guys any.

waamo

Complain to the GP surgery, they can get it cancelled.

beamerguy

Siobh_JJDM wrote: »

Helli everyone!

About a month ago I received a £100 PCN from !!!8220;Civil Enforcement LTD!!!8221; for having overstayed in a car park with a maximum allowed parking time of 15 mins (managed by my GP!!!8217;s surgery- although this happened outside opening hours, I just left the car there in a hurry not having ever noticed the signs/camera in the past).

I!!!8217;ve been completely honest about how it happened when sending my POPLA appeal and of course this resulted in it being rejected after Civil Enforcement quoted the Beavis Case in response to me arguing that I was not made aware of the T&C!!!8217;s (apparently they thought the signs were easy enough to see?).

I really hate the idea of having to fold and pay the £100 over something so minor, but quite frankly I don!!!8217;t see another way out after POPLA appeal has failed. Any input would be very much appreciated !!!128522;

POPLA should know better than rely on the Beavis case for
a rejection. Beavis went to court to challenge if the charge
was fair and this does not apply in your case

POPLA staff need retraining as their lack of knowledge
is woeful, hence they need to be replaced by a professional,
government run service.

CEL will probably commence their usual harassment so you
now need to confirm your understanding of the signs to
show a judge. A video from your phone as the vehicle enters
could prove you are right

CEL more often than not, discontinue before court and
crawl back into their stink hole

Just because POPLA don't understand, given good evidence,
a court will

POPLA was approved by the now defunct BPA, a membership
based system for parking scammers

nosferatu1001

It!!!8217;s cel
Ignore them. They can!!!8217;t collect without getting a court to order it, and they DO NOT turn up to court against our forum defences. They discontinue every time.

The_Deep

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Lega;, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority. [/FONT]

[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

Siobh_JJDM

Everyone pretty much seems to agree that I shouldn’t fold so I think i’ll just wait and see what happens next. And yes I do agree that it’s a miserable way of making money, not sure why landowners even employ them in the first place.

To expand a bit on my first post I had also included the “Appellant not being the individual liable” aka No evidence I was driving the car but it seems to hve fallen to deaf ears. Could I ever hope to bring it up as a solid defence if I were to go to Court for this?

Ralph-y

there are lots of points that you could bring up IF it went to court .... but as above it is unlikely to actually get to court .... as stated they run and hide when they see some one defending properly .....

have you watched the video link that the nice chap 'the deep' posted ?

do forum searches for cel ....

keep it up and good luck

Ralph:cool:

Umkomaas

To expand a bit on my first post I had also included the !!!8220;Appellant not being the individual liable!!!8221; aka No evidence I was driving the car but it seems to hve fallen to deaf ears. Could I ever hope to bring it up as a solid defence if I were to go to Court for this?

That appeal point to POPLA is always much stronger if it follows a 'No Keeper Liability' Statement (with reasons/proof from the appellant), and the last I saw of a CEL NtK it was not PoFA compliant. It would be a useful defence point, but you're jumping too far ahead of the game.

CEL do issue court claims, but in every case last year where a forum-assisted defence was developed, they discontinued. You may have to jump through the same hoops - but all in due course.

Have you complained to your MP - very important in view of the Sir Greg Knight Bill going through Parliament.