Port of Wells POPLA Appeal Advice

Lizb59

My son received a parking ticket from Port of Wells Car Park which I have read is notorious for scams and I would be grateful for some advice. His car was photographed entering the car park at 17:40 and leaving an hour later (he says it was 17:50) but he didn't purchase his ticket till 6pm. I don't know the area but he says the only signage was on the parking machine so is using that as one of the reasons why the parking ticket is unlawful. He has sent an appeal to POPLA and is waiting for a response. In the meantime Civil Enforcement have uploaded video footage of his car entering the car park and signage regarding fees asking for him to respond within a week. Unfortunately he messed up by admitting that he was the driver. Please can I have advice whether he should pay up or if it is worth pursuing and what response he should give? He is on a low salary so wouldn't be able to afford an expensive lawsuit unless we help him.

Coupon-mad

He is on a low salary so wouldn't be able to afford an expensive lawsuit unless we help him.

A lawsuit is an American term. You mean small claim. What do you think is expensive about defending a small claim? It costs nothing to defend, and only about fifty quid more than the £100 PCN if lost.

And we win 99% of defended cases here, with only 1% lost and almost NEVER against CEL. No risk, no huge costs and no CCJ nor even a smudge left on his credit file if he lost, then paid the £150 odd the Judge said.

So the difference is £50, with the odds HUGELY in his favour by being here on MSE. And lots of people muck it up by admitting to driving, then still win.

He needs to read the current (more than one here) Port of Wells claim cases, by searching this forum, as he'll probably lose at POPLA but that matters not a jot and has no effect on a hearing outcome by a real Judge at his local county court (think Judge Rinder without the jokes).

Lizb59

Is it likely that the original £100 fine could go up in the meantime with interest charged? I've heard of cases where this happens in other areas but not sure if it relates to motoring fines?

Le_Kirk

Lizb59 wrote: »

Is it likely that the original £100 fine could go up in the meantime with interest charged? I've heard of cases where this happens in other areas but not sure if it relates to motoring fines?

It is not a motoring fine, it is a speculative invoice! PPCs and solicitors try it on in small claims by adding irrecoverable claims for debt collectors fees, solicitors costs and sometimes interest.

Coupon-mad

Lizb59 wrote: »

Is it likely that the original £100 fine could go up in the meantime with interest charged? I've heard of cases where this happens in other areas but not sure if it relates to motoring fines?

Nope, the risk is what I said.

And extra £50 for court fees is it goes to court (and maybe a few quid in interest but not much, a fiver maybe).

Really there is NO RISK and this is not like a real Council fine that triples.

Lizb59

My son received a letter last week advising that his appeal has failed and he now has to pay or else they will start court proceedings.They mention that if he doesn't pay, they will add on additional costs, interest and other fees. Please can you advise how much they are likely to add on and if it will keep rising or whether its best to pay, bearing in mind that he is on a low salary? Also can you tell me what next steps are and what your advice is?

KeithP

Lizb59, read again post #5 on this thread where your first question has already been answered.

The next stage is to create a PoPLA appeal.
Post #3 of the NEWBIES thread will guide you through that.

Coupon-mad

We'e already told you the added costs are lies. Stop believing them.

Lizb59

@KeithP we've already done the POPLA appeal which the letter says was unsuccessful.
Thanks @Coupon-mad. Just want to be sure as one assumes what it says in the letter is bonafide and to prepare for the worst just in case.

Coupon-mad

If you start with the assumption that everything they say is lies, you'd be better off.

The_Deep

This is the fourth or fifth claim in the last few months at the location. The land iss covered by bye-laws which makes it almost impossible for the scammer to enforce it, read the other threads and get you MP on side.

Nine times out of ten these tickets are scams 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.