Parking company ignores its own appeals process

Redx

nobody can predict the outcome of these cases, its judge bingo

BARRY BEAVIS thought he had a good case a few years ago, he lost , 3 times in 3 different courts to 11 judges

and as I said , POFA2012 only applies to a keeper , not a driver

anyone who has admitted to driving has no protection under POFA2012

but a BPA complaint and a complaint to your local MP may bear fruit

Coupon-mad

I'm not going to risk a CCJ for £60.

Nor do we.

Luckily, you do not risk a CCJ.

mrportman

Hi. As a new user I'm not allowed to post links (sorry). I was looking at gov dot UK's guidance on schedule 4 of the POF Act

KeithP

mrportman wrote: »

Thanks KeithP but firstly it's not MY appeals process it's theirs - again, their failure to follow it prompted my post - and I'm not going to risk a CCJ for £60. If I'm in the wrong (I don't think I am) then so be it.

OK, I'll change my words - "your definition of their appeals process".

You will only get a CCJ against you if
1) the case goes to court, and
2) you lose the court case, and
3) you refuse or forget to pay whatever the courts orders in the specified timescale.

So the 'risk' as you put it is negligible. You are entirely in control of whether a CCJ is filed against you.

mrportman

Redx wrote: »

nobody can predict the outcome of these cases, its judge bingo

BARRY BEAVIS thought he had a good case a few years ago, he lost , 3 times in 3 different courts to 11 judges

and as I said , POFA2012 only applies to a keeper , not a driver

anyone who has admitted to driving has no protection under POFA2012

but a BPA complaint and a complaint to your local MP may bear fruit

Your suggestion is that drivers have no defence in court to an unfair or unreasonable parking charge/contract clause. I'm not sure - or at least hopeful - that is correct but thank you again for your reply.

Redx

mrportman wrote: »

Your suggestion is that drivers have no defence in court to an unfair or unreasonable parking charge/contract clause. I'm not sure - or at least hopeful - that is correct but thank you again for your reply.

WRONG

my suggestion is that if a driver has been named, then that driver is held accountable and can be taken to court using the MCOL system

the driver can defend themselves in their local county court with several legal arguments but not POFA2012 as it does not apply

legal arguments may include the following

NO LANDOWNER AUTHORITY
POOR OR INADEQUATE OR MISSING SIGNAGE
NOT THE SAME AS THE BARRY BEAVIS CASE
FAILING TO FOLLOW THE BPA CoP

etc

Coupon-mad

You would not win by arguing the parking charge was disproportionate or unfair. Sorry.

However, there are other defences and we see ordinary, inexperienced people win 99% of cases against parking firms when well prepped by this forum from claim to hearing.

And you do not 'risk a CCJ' when the appeals process is exhausted.

Just send a complain to the BPA, using the email addy we hope you;ve seen already when you read:

'NEWBIES PLEASE READ THESE FAQS FIRST'

The BPA email for complaints is in post #5 of it, I think.

When you appealed, did you blab about who was driving?

mrportman

Thank you again, with my sincerest gratitude for your engagement, but your assertion is that POFA only applies to keepers not drivers, and I don't agree. I refer to the government's guidance:

"15.5 A driver or registered keeper is required to make representations to the
ATA member in the first instance. The ATA member can then consider
those representations and decide whether or not to cancel the ticket or
reduce the charges. If the driver or registered keeper is not satisfied with
the decision of the ATA he/she may appeal to the Independent Appeals
Service.

15.6 If the Independent Appeals Service upholds a driver’s or a registered
keeper’s appeal, the landholder will be required to cancel the ticket as
directed by the appeals service. If the appeals service rejects an appeal
the landholder may then choose to take court action to recover the
amount outstanding if the driver or registered keeper still refuses to pay
the parking charge.

The point of the thread I have started is to ask what my position is as driver given the company has not followed the appropriate appeal process. Clearly POFA does apply in this situation.

Coupon-mad

The Government guidance is not the Act itself, which ONLY applies to keepers, not drivers.

POFA doesn't apply to you at all, if you said you were the driver.

Redx

then that is the argument you put to the BPA

it is also the argument you put to any judge in court

the judge will decide if you are correct in your interpretation , but the act of POFA2012 does not help you as a driver, merely shows that they have not followed the BPA CoP

failure to adhere to the BPA CoP is one of the arguments I told you about