Failed POPLA, close to 28 day pay up demand - trying to decide what to do next

Twigglette

Hi,

thanks for all the good info posted so far.

I have unsuccessfully appealed a camera issued ticket to POPLA and am right at the 28 day deadline they have stipulated for paying

I'm trying to decide what to do and I have just found this forum and have had a look thro the newbie FAQ's

I believe i have a case as the advertised terms and conditions on the main sign at the entrance of the area i parked in didn't mention any charge (although i gather from reading the posts that the details often don't matter)

I'm trying to decide whether to keep going and have a couple of questions:

1.I haven't used the templated response forms provided here and have also confirmed i was the driver - does that significantly undermine any further arguments i can make?

2.If i defend my case, how long does the process take on average and do I have to attend court (apologies if this second part is answered somewhere - i only just came across the forum and wasn't able to find this)

many thanks,

Twigglette

Fruitcake

What is the name of the PPC please. That will give the regulars an idea on how likely it is for them to do court.

What happened when you complained to the landowner?

Have you complained to your MP yet about this unregulated scam?

Half_way

As above, name of parking company, also whose car park was it? why did the vehicle get a parking charge notice ? and was there anyone with a disability in the vehicle?

If popla rejected your appeal/challenge thou are under no obligation to pay.

BEFORE you complain to the landowner, or send anything off to anyone post it here first, some people have been known to shoot themselves I the for at this stage, and have made things difficult to resolve

Twigglette

Thanks for your responses.

name of company: Minster Baywatch

no complaint to landowner as only just saw this forum

have not complained to MP yet (as above)

why did vehicle get parking charge notice:
There are different signs in the car park showing 2 different contracts to enter/park

One sign (large prominent at entrance to area the vehicle parked in) states that car park is pay and display until 6pm without referring to any other charges at all (including as part of the contract to enter/park) There are no other signs below/next to or attached to this sign.

The other sign (by pay and display machine) in area where vehicle parked states that after 6pm, car park is only for use of customers of grosvenor casino.

Defence argument is that the contract to enter is clearly displayed on the prominent sign at entrance, mentions no charge after 6pm and therefore no charge due. The 2nd sign by the pay and display machine is irrelevant as first sign already confirms contract to enter/park has no charges after 6pm. No requirement on first sign to check other signs.

Car park is located in Huddersfield

nobody with disability in vehicle

Quentin

Throughout here you are advised never to reveal who was driving

You need to edit out from your posts details of who was driving

The ppcs monitor this forum and can use posts in your thread against you

The_Deep

Popla is far from impartial, being funded by the scammers. They are obviously trying to scam you so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

I believe i have a case as the advertised terms and conditions on the main sign at the entrance of the area didn't mention any charge

I agree.

From what you have said, the driver would have no reason to approach the machine.

Minster Baywatch only try the occasional small claim and we have 99% win rate anyway, so sit tight and read post #2 of the NEWBIES thread to gen up on what to do next.

Twigglette

Many Thanks C - M, in light of other comments, do you need to edit your quote re person who parked?

Coupon-mad

I've edited it but it doesn't matter in your case as you have given that away at appeal stages already. You will defend any claim as driver due to this:

1.I haven't used the templated response forms provided here and have also confirmed i was the driver - does that significantly undermine any further arguments i can make?

Twigglette

Thanks CM - and can you or anyone else in the thread give me an answer to the second question?

"If i defend my case, approximately how long does the process take on average and do I have to attend court?"

Coupon-mad

You can find this (the usual timeline) out best by clicking on any thread you get when you search for the winning hearing words that I add to every successfully defended case:

ANOTHER ONE BITES THE DUST

Two people today have reported a win already this week. Loads of results!

It will give you confidence and they recount the court experience usually. All good!

Yes you MUST attend your local court: it's a room, it's a person making a decision (no wigs). You must attend if you want to win - there is an option to absent yourself but people LOSE when they do that, in our experience.

And they lose more than they thought they'd save by going to work that day!