Lost POPLA appeal is it worth continuing

2bFrank

Hey Everyone,

I am looking for some advice, I recently lost a POPLA appeal and I wanted to know if its worth the hassle of paying the fine or wait for the court order. A bit of background.

I went to park at a car park (Euro Car Parks) at 7.50am for my dentist appointment, my appointment wasn't til 8.30am so was quite early. I went to pay for the ticket, however both ticket machines was out of order. I looked at the signage and it said that you can pay by phone. I tried to ring the number on the sign, but this was the number on the main sign (turns out their head office number) and not the number to pay and display. I tried to call the number quite a few times, thinking someone may start at around 8am and ill be able to pay. At around 8.05am I decided to give up, and left the carpark and parked elsewhere.

I then got a letter through the post saying I have received a penalty notice and to pay up. I appealed using Euro Cark Parks, but didn't have much luck, but then appealed through POPLA, explaining everything. after over two months I finally got a response to say the appeal was unsuccessful. In the response is a lot of waffle and rubbish, but they denied the appeal.

I'm not sure what I should do, I feel this is extremely unfair as it wasn't my fault the machines were out of order, and of the whole car park there is one sign to show the correct number to pay over the phone.

However is it worth going to court over it, will the court see I've gone through POPLA and think I'm wasting the courts time. I really don't want pay this, especially with the circumstances and I have the resolve and will to fight and go to court. Anyone had much luck after a failed POPLA appeal.

Thanks.

Umkomaas

Is the car park part of the dental practice?

There is no obligation on you to pay the charge. Only a Judge can order that. ECP have been very reluctant litigants in the past, but how they will behave in future is pure guesswork. They have 6 years to pursue this through the courts. You might get lots of debt collector hassle initially - but debt collectors can be ignored, they can only send silly letters, nothing else.  Those are the facts - I can't dress them up any other way. 

If it's a one-off ticket, it costs more to collect than recover via the court. 

2bFrank

Thanks for your reply, Its not unfortunately its behind a casino, I think it is ECP property as its a proper car park not really attached to anything. I'm happy to ignore debt collectors and i'm more than happy to fight it in court, I'm just worried if I take a day off to fight it in court the judge will decided its already been appealed to POPLA and they wont look at it further.

Umkomaas

2bFrank said:

Thanks for your reply, Its not unfortunately its behind a casino, I think it is ECP property as its a proper car park not really attached to anything. I'm happy to ignore debt collectors and i'm more than happy to fight it in court, I'm just worried if I take a day off to fight it in court the judge will decided its already been appealed to POPLA and they wont look at it further.

You're overthinking this. Judges will deal with facts. I've never seen a case where a Judge bases his/her judgment on what POPLA says. In fact, some of the rubbish they spout could well work in a defendant's favour. 

If a claim is made, deal with it then - you're a long way from that. 

D_P_Dance

It is nit a penalty notice, it is an invoice.  Of course it is worth goung to court, it ia sacm

 PoPLA is  part of the scam, it is fixed.  Have  you read the newbies?  Have you complained to your MP? 

patient_dream

POPLA is now a system in disgrace.  It is a BPA set up who clearly have one aim in mind and that is to protect parking companies ?

There is a new code of practice and appeals service coming soon that will make POPLA a DODO

Meaning that what POPLA say, you take with a pinch of salt ..... Judges in the courts are not members of the BPA ..... most will ignore what POPLA say ... which is correct

Umkomaas

POPLA used to have significantly greater credibility during its days operating under London Councils (once the forum had helped them to get their focus right!).   There again, they did employ legally qualified staff as assessors, not a gaggle of former nail technicians, ex call centre battery hens, or the odd soft p0rn author. 

The POPLA title, in my view, would have been ideal for the future, but now it has been indelibly stained by the present incumbents and, previously, WHOPLA.   I hope they're not going to call it the 'Independent Appeals Service', oh Jeez, let's not go anywhere near that!

D_P_Dance

Popla is funded by the parking industry, nwweed we say more.

2bFrank

Thanks everyone, ill fight it in court if it ever gets to that point, thanks again.

Trainerman

Hi 2bFrank. I have an appeal into Popla right now that I expect to lose. I expect to lose it precisely because of the factors out lined above by D_P_Dance and Umkomaas, and mine does deal with some unusual legal issues. A fellow resident has already had an appeal rejected. She has actually written to the PPC demanding to be taken to court, an action that I intend to imitate. We have to stand up to these bar stewards and their minions (Popla). So good luck with the fight. We will be rooting for you. BTW we intend to keep very full files, just in case they wait a few years before instigating action. Suggest anyone losing Popla does the same.