We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Popla decision changed??

Hi all, wonder if you can advise. We have been fined by a car park company for overstaying 17minutes on a car park after paying for 3 hours. Basically we have appealed through mitigating circumstances as our terminally ill dog at the time (now passed on) had a fit in the back of the car when we got back to the car and unfortunately our mind was not concentrating on the fact we were eating away at our parking time. We went the route of appealing and this went to POPLA who went in our favour. However, 2 weeks after this decision we have an email saying they have reopened our case and 55minutes after that another email stating we now have to pay the fine?
Can they even do this as our original reply stated this decision is final....
This was from POPLAS complaints department so we believe the car parking company have complained about their original decision and so the case was reopened.
Thanks in advance
«1

Comments

  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Always seems to be that when operators complain they manage to get decisions reversed
  • Umkomaas
    Umkomaas Posts: 44,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Read what POPLA's position is on reversing decisions in Brucella's battle with them.

    https://forums.moneysavingexpert.com/discussion/6054477/parked-longer-than-the-maximum-period-allowed&page=3
    Dear ***,

    Thank you for your response and I apologise for the slight delay in responding.

    While I appreciate that you are looking for your appeal to be overturned, that isn’t something that we can do. POPLA has been appointed to deliver a free, single-stage, determinative appeals process. In practice this means that once we have decided an appeal, our involvement in whether the charge is valid or not ends. Even in cases where we have made an incorrect decision, we cannot issue new or revised decisions.

    My intention in being so frank with you below was to provide you with helpful information to assist you if you are having ongoing discussions with the parking operator or disputing the matter through a legal route. I do hope that it can provide you with the information necessary to challenge it via alternative means, but regrettably we are not able to issue a revised decision once we have made a decision.

    I am sorry that I have not been able to offer further assistance in that regard, but I do remain committed to provide feedback and training to ensure that this does not happen in future appeals.

    Regards,

    ***

    Sector Expert
    POPLA

    Which parking firm is involved please?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Fruitcake
    Fruitcake Posts: 59,532 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    BrownTrout wrote: »
    Always seems to be that when operators complain they manage to get decisions reversed

    Yet when a motorist complains the opposite happens, even when the lead assessor and *cough* sector expert agrees an error has been made by PoPLA.

    Ignore everything from the scammers now except real court papers.

    Complain to PoPLA and the BPA if you enjoy :wall::wall::wall: but do include the statement quoted by Umkomaas above.

    Always, always complain to your MP about this unregulated scam.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • In practice this means that once we have decided an appeal, our involvement in whether the charge is valid or not ends. Even in cases where we have made an incorrect decision, we cannot issue new or revised decisions.

    but , they have revised the appeal desision , did the guy actually read your email
  • Enterprise parking solutions ltd
  • Thanks all. Do you suggest we wait for the court letters then. I am just really worried about the fine increasing and increasing and then losing at court
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Dont let court worry . This is a small outfit very few claims
  • Fruitcake
    Fruitcake Posts: 59,532 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It is not a fine. Even if you lost in court it wouldn't be more than about £175-£200 as long as it was properly defended.
    If you won you could get up to £95 in return.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    I would certainly put a complaint in to John Gallagher, lead adjudicator, and point out their inconsistencies.
  • Half_way
    Half_way Posts: 7,741 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As above, this is not a fine.
    Where is this car park? who's car park is this?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.6K Banking & Borrowing
  • 254.5K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.5K Work, Benefits & Business
  • 604.4K Mortgages, Homes & Bills
  • 178.6K Life & Family
  • 261.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.