Lost POPLA appeal after CP Plus pcn

Chjmc

Hello all - hoping someone can help...

I've just been informed that I've lost my POPLA appeal after getting a fine from CP Plus... I didn't even know about these forums before now so I've been browsing through trying to find an answer, but am a bit lost... if anyone is able to point me in the right direction I'd be most grateful!

The basics: I parked at Stafford services (southbound M6) for a rest. **Before** the two hours were up, aware of the time limit, I went to the petrol station to use the loo and buy a snack, as well as checking oil and tyres etc. (I have a bank statement which proves I made a purchase at the petrol station too, despite CP Plus claiming my car didn't move about the site).

I got the ticket through saying I'd overstayed as I'd been on-site 2hrs 30mins. My argument is that the sign clearly states "free parking for 2hrs"... but I wasn't parked for the final half hour, I was at the petrol station! Nowhere does it say you must leave the entire site within two hours. POPLA says the fact my car was on site, even if I wasn't in a parking bay, means I broke the rules, but I can't see how that's right. Surely stopping at a petrol station to do basics checks doesn't equate to 'parking'?

Am I mistaken to think I have a case here? If so, what can I do about it? Am I best to go down the 'complaint' route?

Any help greatly appreciated!! Thanks in advance

Redx

a complaint to the landowner (the MSA franchisee) should ALWAYS be made, regardless, so get that done

CP PLUS have 6 years to try a court case, where you can argue it in front of a judge

there is no miracle cure, unless the landowner (MSA) cancels it, which is made harder due to you not doing it straightaway and then trying POPLA as well

ie:- to do it right away and before a popla appeal is the best option, always is and always was

if its not cancelled by the landowner or the MSA, you can expect debt collector letters and a possible court case at your local civil court, within 6 years

Le_Kirk

Go to the NEWBIE sticky and have a read, Looks like you got caught because the ANPR cameras are at the entrance and exit of the whole complex and didn't see you go to the petrol station. You will see from the stickies that you might get bombarded with debt collector letters, which you can safely ignore, until/if you receive court papers which you should not ignore. PPC's have six years to take you to small claims court.

Umkomaas

Once it's gone through POPLA there's no further appeal route. But you do know that the POPLA decision is not binding on you, don't you?

The next stage of this will now be a reminder letter from CPP, then likely some debt collector letters. Debt collectors have no authority/power to do anything but send out letters - nothing else (unless they do a trace on your phone number and make one phone call, which you will then block on your phone).

The NEWBIES FAQ sticky, post #4 tells you all about debt collectors and how to deal with them.

You have to be on the look out for is court claim. While CPP are not currently litigious, they do have up to 6 years to pursue you. It would take a brave man/woman to guarantee their behaviour between now and 2024/5. Come back on this thread if you receive a formal Letter Before Claim/Action or real court papers.

Coupon-mad

CP Plus may or may not try a small claim. Come back if they do, as we win defended cases almost every time here.

You really did miss a trick. CP Plus cancel when they see the NEWBIES appeal template.

The_Deep

Popla are not known for their impartiality. Have you seen this?

https://www.dailymail.co.uk/news/article-4835050/Parking-firm-took-lawyer-85-fine-lost.html[/url]

Complain to your MP as it is the will of Parliament that these scammers, (very often former clampers), be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.