POPLA appeal rejected do I have a case?

Redx

popla have a narrow margin and can only go on legal points

a judge has much more leeway and will take circumstances or mitigation or the laws into account , as to why popla take such a narrow minded view ? who knows ? we dont

we do know that many popla decisions are overturned in court though


ps:- I can assure you that there was no "fine" in your case , private parking companies cannot "fine" anyone and they will never have used that 4 letter legal word in any correspondence, its an invoice

Heather75

Hi rejection was on the grounds that I didn’t enter the full number plate so they couldn’t match payment to the reg. and that I had the option to leave or pay again using the machine properly.

Redx

That's their opinion , their machine took the money and you paid in good faith

The alternative view is that the machine should only take the money for the correct vehicle as shown on the system

Can you imagine what people would say if a bank penalised you for putting your login details in incorrectly online , or the wrong pin in a cashpoint ??

To cut back on staff and penalise unpaid untrained non staff like Joe public beggars belief

Will Ryanair cut back on pilots and say you boarded the plane , these are the flight plan instructions , fly to New York and no crashing !! Really ?

If experienced pilots couldn't keep 2 737 max 8,s from crashing , what chance has Joe public got ?

When a spider says come into my web Mr fly , I am not hungry , you believe him ?

Beckham was guilty of speeding , no question , he got off on a technicality

fisherjim

The way it is supposed to work is:


First appeal to the PPC on mitigation or other what happened in your car park points. PPC reviews fairly and applies reason and accepts or denies.


Second appeal to POPLA on any procedural, technical, contractual, law points, not mitigation or what happened on the day.


The reality is that the PPC write their T&C's so as to catch what ever transgressions they can, anything else they make up on the fly to maximise profit, there is no car park management.


POPLA cannot mediate, or comment on mitigation etc but of course the scheme does not tell you that and thousands of unsuspecting drivers write the same appeal over again just to get a template rejection from POPLA.

Heather75

Is there any data on how many POPLA decisions get overturned in small claims court?

Redx

Heather75 wrote: »

Is there any data on how many POPLA decisions get overturned in small claims court?

I doubt it

To do that some quango would have to be set up and funded , collate the data and publish it , with no commercial advantage whatsoever

At the moment the industry is unregulated , so don't expect clarity as if it was regulated , you will have to accept the word of regulars here who have been doing this daily for many years or over a decade

Heather75

Thanks for all the advice. Do you think I stand a chance of getting a good result in court and the decision overturned?

Fruitcake

Nobody can predict how the game of judge bingo will go, but the better you prepare, the better chance you have of winning.

Get pics of the site and signage and start doing your research now.

Defence points should include,

No standing (no valid contract with the landowner) to issue charges in their own name or start court
Inadequate Signage
Frustration of Contract (faulty pay machine)
Any CoP failures
Anything else relevant.

One of the things you should be bringing to the attention of the judge is, what happened to the money you paid, and have the scammers declared the VAT element to HMRC?

You will get all the help you need if the scammers do try court in the next six years. Come back here if that happens.

What happened when you complained to the landowner? IT's never too late to do it.

Please also complain to your MP about this unregulated scam.

Coupon-mad

Heather75 wrote: »

Is there any data on how many POPLA decisions get overturned in small claims court?

No because small claims Judges don't even care what POPLA said, and we win 99% of cases defended. POPLA is nothing.

Heather75 wrote: »

You’re right premier park. Triangle car park in Southampton..

Hahaha!

You are in Southampton, of course you will likely win and not even need a hearing!

You really need to read the thread by CEC16.