POPLA Appeal Declined

Richard1962

Hi All


My car got a parking ticket in a supermarket carpark from Eurocarparks whilst I was out of the country and I refused to name the driver. I appealed to Popla to prove I was in the USA at the time however they have declined my appeal with the following response...


"The appellant states that they were in Las Vegas from 9 May 2018 and arrived back in the UK on 13th May 2018. They say that they could not possibly have been driving the vehicle at the time of the alleged offence. The appellant states that the operator has not complied with Schedule 4 of the Protection of Freedoms Act 2012 (POFA). In order for the keeper to be liable for the parking charge, the operator has to follow the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA). Having reviewed the evidence, I consider that there looks to be a contract between the driver and the parking operator, and the appellant has not provided a current name and address for service for the driver. Further, the notice sent complies with the relevant provisions"


Should I pay or is there anything else I can do?

Umkomaas

Should I pay or is there anything else I can do?

An adverse POPLA decision is not binding on the motorist. Only a Judge can order you to pay it. This would mean ECP having to sue you. Will they? Work out your odds.

http://www.parkingappeals.info/companydata/Euro_Car_Parks.html

They do have 6 years to sue and no one can predict or guarantee how they might behave between now and 2024.

The_Deep

You say POFA does not apply, PoPLA say it does. let a judge decide.

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 House of Commons recently

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

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

peter_the_piper

Why pay when you were out of the country? Its up to the PPC, surely, to chase the driver and the OP is under no obligation to name them.

nosferatu1001

peter - because POFA makes the (R)Keeper liable IF the PPC follows the rules?
That would be why!

POPLA say that ECP have followed the rules, but so far have not tried it in court, to my knowledge.