Ridiculous Sting. Another unscrupulous Parking Company.

Le_Kirk

DorianWolf wrote: »

How might this go all the way to court then Ralph-y, if the POPLA decision is, in almost all straightforward cases, final?

It might be final but it is not binding on the appellant. Therefore, if you don't pay then the PPC has the (only) option of starting a small claim.

beamerguy

DorianWolf wrote: »

How might this go all the way to court then Ralph-y, if the POPLA decision is, in almost all straightforward cases, final?

One step at a time. If POPLA say your appeal is not successful then that's POPLA done and dusted. BUT it is not binding on you.

If its a success then it's game over for the PPC

Let us know what POPLA say

MistyZ

DorianWolf wrote: »

How might this go all the way to court then Ralph-y, if the POPLA decision is, in almost all straightforward cases, final?

I know this is a question for Ralph-y, but just my twopenny worth. The POPLA process involves an appeal, which may or may not be successful. If it's successful, then it's job done, end of. The Parking Company may refute the appeal with evidence and there's a short period (think it's 7 days) to come back and contest that evidence. Again, that may or may not be successful and either way that's the last stage of the POPLA process.

If the appeal is unsuccessful, the Parking Companies have 6 years to take it to court. (I know!). Some just do not bother. During this stage people are often bombarded with spurious debt collector letters and legal threats of various kinds but almost all of these are empty threats, pure harassment and a case of very nastily 'trying it on'. The advice here is to keep all that bumf but otherwise ignore it.

If and when someone receives a Letter Before Claim, that is the time to act. There may be other such documents, but it's all on this site, you only have to look. Incidentally, when I said that some folk get support for years, I didn't mean that they have ongoing, immediate challenges for years, just that there are various points when they need to come back and resurrect their old thread to get advice (for example when & if a LBC arrives).

I reckon you should have a good old read of this forum. Just browse even. You soon see how it all goes.

DorianWolf

MistyZ wrote: »

Google 'British Parking Association Code of Practice' and check out section 13. This makes it clear that there should be two separate grace periods and is oft-quoted in POPLA appeals. Whether the POPLA assessor will take a blind bit of notice is another matter, to put it politely, they are inconsistent.

15 minutes is a very short parking period. Nobody should be landed with a whopping great parking charge for that. The fact that it's unfair, a scam etc. can't be used at the POPLA stage but it's one of the many things that motivates people to fight back so tenaciously.

You throw everything you can at a POPLA appeal, ensuring that the most relevant points (such as grace periods and signage in this case) are as emphatic and detailed as possible. This gives a decent chance of winning. Whether or not a person chooses to go down this route depends a lot on just how indignant they are.

Did you send the first appeal blue template?

Not sent the template as of yet MistyZ.

The appeals and complaints procedure information on the back of the NTK says it should be submitted in writing within 28 days from the date of the notice being issued.

I'm still within the 14 day "discount period", but do you think sending the template soonest is better?

Fruitcake

The NEWBIES is quite clear about when to send the initial appeal.

If there was a NTD, send around day 26.
NTK but no NTD, send ASAP, except for railway byelaws cases.

It also tells you that the mugs discount is for mugs. You want the MSE 100% discount.

DorianWolf

UPDATE:

Appeal stage to the above parking charge has been rejected by the PPC, as predicted, a POPLA code has now been issued.

The return correspondence from them seems to be in template form. I feel it answers nothing of the questions or complies with the formal note of the Blue template that was sent to them.

Mainly "your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead." It says nothing about grace periods, only that there is a contract to enter and the driver was in contravention of this, as no payment was made.

And "Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed"

It does include photos of signage.

Their email states that the charge is lawfully right etc and the appeals procedure with them is closed, giving the options now available to me.

They've also mentioned that they do not participate in the alternative Ombudsman dispute resolution scheme, and quoted a landmark legal case which went to the Supreme Court judges whereby the judgement was handed down confirming the parking charge was lawful.


Would it be helpful here if I quoted the whole letter from them, or is that too much info now that it's reached POPLA?

I'm still worried that a 'Grace period' is my only real argument, which I do feel is a valid argument in a fair society, but I'm nervous whether that is going to be enough?

Any help again is greatly appreciated.

Ralph-y

you can post up the letter if you wish , but ... as you stated its just a template .....




NEWBIES - HOW TO UPLOAD LINKS TO PHOTOS/SCANS TO MSE

To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox, Imurg or Tinypic), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've a few posts under their belt.


You should by now be beginning to start understanding the nature of the scam .... did you really expect then to read and then answer your appeal ?


you now need to look through recent POPLA appeal and crib from them , before posting up here ...



you should use the full range of appeal points not just grace periods .... that can be number 1 . It is up to the PPC to prove all the points you raise ....





Ralph:cool:

DorianWolf

Ralph-y wrote: »

you can post up the letter if you wish , but ... as you stated its just a template .....

To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox, Imurg or Tinypic), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've a few posts under their belt.


You should by now be beginning to start understanding the nature of the scam .... did you really expect then to read and then answer your appeal ?

Ralph:cool:

Thanks Ralph-Y, I do believe it's a template. But also that all information provided to those members of the forum with far more knowledge and experience of the subject than I, can only help. Especially if something amiss is spotted.

And yes, naively I'd hoped that they might reply to some of the questions set out in the blue template. My bad, doh!

Should I delete/blank out any reference to identity/case information, if post a link to the letter via dropbox?

Ralph-y

yes , if you do post anything then personal info should all ways be redacted ...


Ralph:cool:

DorianWolf

Ralph-y wrote: »

you can post up the letter if you wish , but ... as you stated its just a template .....

To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox, Imurg or Tinypic), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've a few posts under their belt.

Ralph:cool:

Is this right Ralph-Y, sorry first attempt?

hxxps://www.dropbox.com/home?preview=APPEAK_Page_1.jpg