POPLA vs IPC

Derby17

Hello,

With a PPC that is a member of IPC not POPLA, is someone left in a worse situation. I think much advice exists for POPLA but not IPC.

Someone I know was accused of leaving site, but the other half remained on site. Was given a PNC for £100 for less than 10 minutes off site, and the parking officer refused to relent (or to show ID). The store management was unhelpful.

Previously, Martin suggested pay at reduced rate and then appeal.

The_Deep

Pay them nothing. If they take you to court, when you win, take them to the cleaners.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

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.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Umkomaas

Previously, Martin suggested pay at reduced rate and then appeal.

Rubbish advice. The PPC will either refuse to accept it and pursue the full amount, or take what's been given and pursue the balance. They will argue that any payment offered is a tacit acceptance of liability by the keeper/driver.

The IAS (the IPC's POPLA equivalent) has guaranteed its members that 80% + of appeals will be rejected, in favour of the PPCs. POPLA has made no such promise, and the last statistics seen show a 50:50 success:rejection. Even a blind man can see the difference between the two appeals services.

I think much advice exists for POPLA but not IPC.

The overwhelming advice given with regard to appealing to the IAS is - don't bother!

Derby17

Ok, now I'm confused. If one appeals to the PPC, they are bound to reject. Then one can appeal to on to IAS, but they are not as fair as POPLA, so may loose and cause more grief. So would that not mean that not paying up immediately will lead to the full £100 being due rather than the 14-day lower rate?

In this case, the driver left the site for less than 10 minutes (to go to the bathroom), while the partner stayed on premises. The ticket mentioned that the car was observed for 8 minutes. The parking officer would not show ID, not listen and suggested appealing. The store doesn't want to know.

Not a lot of signage on the car park (only in the peripheries, not around where parked), only noticed when looking for them. They say 'maximum 90 minutes, while you remain on the premises'.

KeithP

Not sure how you made the jump from effectively losing two appeals to 'the full £100 being due'.

There is absolutely no need to pay anything until a county court judge says so.

You haven't yet told us who the parking company are, so it's not yet possible to give any idea on how likely court action might be.

Derby17

They are called Euro Parking Services, registered in Birmingham, which is different from the other gangs known as Euro X and Euro Y.

Coupon-mad

In a 'left the site' case it might be worth doing an IAS appeal, saying that whilst one occupant of the car left the site briefly (but was a passenger and not bound by the signs hence they discussed the issue with the on site ticketer as the PCN was unfair and there was no contravention), the driver did not leave the location at all and was shopping.

Put the PPC to strict proof that the person who left the site was the driver, out of the 2 occupants.

Upload proof of spending (receipt or bank statement) and see what happens.

In this case, I wonder how they will prove which of the two people was driving and think they won't be able to. Might cause them to drop out and not contest it.

If you lose, so what? Nothing has changed at all, as long as you go into IAS with your eyes wide open.

We do not encourage IAS appeals at all (normally) because most people would be upset/feel they are on the back foot when they (80% or more) lose and the so-called appeals system is as useful as a chocolate teapot, IMHO a kangaroo court.

But most people don't have a USP, but you do if you word it right, IYSWIM from the above.

The_Deep

CM is right, but even if you lost an IAS appeal, they would die in court, which is the only place this matters, and you might be able to claim punitive costs for their unreasonable behaviour under CPR27.14(2)(g). It could end upwith them being £300-£400 out of pocket if they unwisely pursued this.

You are very much in the driving seat here so milk it.

pogofish

Derby17 wrote: »

Hello,
I think much advice exists for POPLA but not IPC.

Did the comprehensive and authoritative IPC advice in the Newbies Sticky not enlighten you any..?