Likelihood of success with POPLA appeal

Redx

POPLA AGREE WITH me if you read post #3148 of the POPLA DECISIONS thread at the top of this forum

the real issue with the BPA CoP is that the initial entry period is NOT SPECIFIED, as the BPA AOS say above, whereas ideally it should have been say 10 minutes (ie:- clarified) in stead of being ambiguous (so my take on it is up to 10 minutes to arrive and do all the necessary, and then over 10 minutes to leave, making around 21 minutes overstay allowed on top of the actual parking period)

perhaps when the Sir Greg Knight bill becomes law next year we may see these times clarified, in law

Rudedog

Should I continue to try to contact the manager of the car park? Is it worthwhile? I’m assuming that now my appeal has been refused there’s no chance that NCP themselves will cancel prior to POPLA? Thanks again and sorry to be so clueless about all of this!

Coupon-mad

Yes I did say 'press the complaint before trying POPLA'.

REALLY PRESS IT.

Did you actually tell the Manager that this was disability discrimination under the EA like I told you? It is 'indirect discrimination' against the disabled population at large, and they do not have to know about a single person's medical condition to have discriminated in general, by not offering people with 'protected characteristics' (read up on it in the EA...please inform yourself first) a reasonable adjustment of time.

So exhaust the complaint, try another Store Manager. Talk about the EA!

I already said how long POPLA codes last, so you have a while.

Redx

wot she said ^^^^^^^^^^^^^^^^^^^^^

you shouldnt have to ask , you exhaust all avenues but have your popla appeal ready to go at a moments notice, ensuring it is submitted IN TIME , UNLESS the stores or landowner get it cancelled !!

so get cracking , as a store or landowner cancellation is ALWAYS best

we cannot be any clearer

Rudedog

Thanks, I did, yes, he said the car park is nothing to do with them...my question is should I contact the NCP car park manager or avoid doing that? Sorry, I appear to be annoying you, I don’t mean to.

Quentin

Never contact the PPC!


They aren't interested in mitigation! And any contact will mark you as "caught on the hook" and encourage them to escalate their pressure on you!

luckyfool151

I have been looking at the probability stats governing my own case.

Depending on operator there is a significant chance they do not contest a POPLA case. You can spend 10 minutes reading about it here. Overall, slightly better than 1/3 of appeals were not contested by the operator last year alone.

httxxxxpopla.co.uk/docs/default-source/default-document-library/popla-annual-report-2017-final.pdf?sfvrsn=2

It seems currently, there is roughly a 1 in 4 chance that they side in your favour of those cases that go to a decision. Though there was a better than in 1 in 3 chance the year before so it seems possible they are starting to side more frequently with the PPCs so maybe we are looking at 1 in 5 this year of those cases that go to a decision.

Taken as a whole there is roughly a Brexit style split as to your overall likelihood of success if you include the total no contests from the operator and the chance of winning on appeal. To my uncultured brain that seems like a reasonable proposition to take. At the very least, the POPLA appeal seems a no brainer. After a POPLA rejection it seems more conditional as to your attitude to stress/risk. I don't know how I will feel if that happens until it comes to it so won't stress about it as that is some way down the line. But it seems we have both ventured upon the right forum to mitigate this.

What interests me though is how many simply pay out after a POPLA rejection and then what percentage of those that ignore the letters do they pursue all the way to court. I don't know enough to comment on this but I suspect accurate figures are not available and would obviously be highly dependent on the PPC. Bargepole also looks to have a footnote to his posts that give an indication of success rates as a legally qualified individual once it gets to court. It is again difficult to tell accurately as it all seems highly dependent on the location of the court, the judge and strength of case presented by both sides etc etc but again iis lightyears away if it occurs at all.

All I would say is research, research research as I am doing now while I await the initial rejection letter from the operator and then ask questions here. I have only been here a nano second but reading the Sticky has already got rid of one PCN. My case with a retail outlet meant I googled the CEO and sent a direct email complaining and it was resolved next day. Social media seems an option with the bigger retail outlets as well. Go hard at them. The stickies thread seems to also give an indication as to the approach depending on the outlet.

Redx

as above , complain to everyone who will listen, make a nuisance of yourself until the easiest option for them is to cancel the pcn


doesnt matter who they are, complain , complain , COMPLAIN


to repeat, the best option is always a landowner or retailer cancellation - REGARDLESS !

Coupon-mad

It seems currently, there is roughly a 1 in 4 chance that they side in your favour of those cases that go to a decision.

Yes but those stats are not 'forum stats' of the well-informed posters who come here.

Imagine all the people who never find this forum, or pepipoo, or legal beagles, and who just send an appeal about the story of what happened: 'the ticket flipped over, it's not fair' or how 'unrelated to any loss' the charge is...and they WILL ALL lose. Hopeless appeals, doomed before they start.

So the clueless members of Society skew the stats. And I'd say they seriously skew them.

A better consideration is to read the POPLA Decisions sticky thread at the top of this forum, gives you a MUCH better flavour for what arguments win, and how often we see wins, and what % report that they lost and are now cheerfully ignoring the scammers.

Read from the latest 2018 posts backwards as long as you can keep you eyes open for. I know the win rate is 100% with some firms, like APCOA and Smart, when people follow the forum appeal templates and advice.

Then v Euro Car Parks, Premier Park and Parking Eye, who fight POPLA appeals, my best guess is we see wins or no contests in about 80% of those we see reported here. Still a very good win rate for posters here.

And every other BPA member (inc NCP) falls somewhere in between, so, say 90% wins.

luckyfool151

As more of a stats man myself I would welcome a full breakdown, not really to question your assertions but more out of intrigue as to how they compare with the POPLA average. One caveat though I would say is that I suspect people are far more likely to post a victory than a loes, skewing the figures.



The overall figure that challenge is around 1% of the tickets issued is it? To me this is therefore more of a psychological challenge to many so any quantifiable stats would help alleviate some of people's fears.


Not to detract from the thread too much though. OP have you complained yet?