(Update - now court claim, defence attached) - Advice on POPLA comments to operator evidence

95Rollers

The POPLA decision isn't legally binding nor independent. POPLA can't bite the hand feeds them namely BPA parking companies.  If they used fairness and the motorists won then their companies would bug**r off to IPC where the dice is loaded 96% in the Parking companies favour! They lost one of their flagship members (VCS/ Excel) to IPC who said POPLA was the main reason for their switch. If all the other PPCs follow suit then that it a lot of yearly subscriptions down the pan (of which the tariffs vary pn) and other losses of revenue to the BPA so the majority of motorists are destined to fail even though they actually win in courts!

So in a nutshell it seems that POPLA loyalty is keeping the BPA members Sweet so will overlook evidence, obstruct and pull out obscure/ nonsensical curveballs to favour their members. A total joke really. 

I would say keep fighting. Thr only true independent appeals process is Court. Where your evidence won't or cannot be whitewashed over. 

I am currently fighting OPS/ Dcbl and my case has some similar features to yours including OPS disregarding the landowner 15 rule because they prefer to lie to me (and the court) because they have this perverse sense of entitlement to my hard earned money!

@EpsomJim - your VRM is showing in your above post! You might want to edit it out!

D_P_Dance

Most judges accept that PoPLA decisions are meaningless.

EpsomJim

95Rollers said:

@EpsomJim - your VRM is showing in your above post! You might want to edit it out!

Thank you - I hadn't spotted they'd included it in their body of text.

Thanks all for the supportive comments. I'd be interested to hear how your case progresses.

95Rollers

EpsomJim said:

95Rollers said:

@EpsomJim - your VRM is showing in your above post! You might want to edit it out!

Thank you - I hadn't spotted they'd included it in their body of text.

Thanks all for the supportive comments. I'd be interested to hear how your case progresses.

I've been assigned a court date for spring next year. So just waiting and using every day to gain more information and knowledge on the way to give myself the best chance and armed with the best arguments to counteract their anything their rep might try and chuck at me.  I will continue to use what I learn to help others along the way and after my case is done! So feel free to keep in touch. I'll update my thread if and when any updates come.

EpsomJim

Well, I got a claim form through from Northampton CCBC on Friday. It seems they are going to see this one all the way through - how exciting.

I am writing another letter to the landowner, again pointing out the reasons that the ticket shouldn't have been issued and asking them to contact the PO to cancel.

One question (the Newbies thread is a little vague). Even though I didn't receive a Letter Before Claim, can I still submit a SAR to the parking operator, separate to acknowledging the claim form with CCBC and preparing my defence? And I'm guessing I can't e-mail the solicitor asking for the matter to be put on hold for 30 days now it's in the court system? 

KeithP

Too late for the matter to be put on hold now that a Claim has been filed.

Yes, fire off a SAR as described in the NEWBIES thread. No rush.

What is the Issue Date on your County Court Claim Form?

EpsomJim

KeithP said:

What is the Issue Date on your County Court Claim Form?

26th July

KeithP

EpsomJim said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

26th July

With a Claim Issue Date of 26th July, you have until Monday 15th August to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 30th August 2022 to file your Defence.

That's almost four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Castle

KeithP said:

EpsomJim said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

26th July

With a Claim Issue Date of 26th July, you have until Monday 15th August to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 31st August 2022 to file your Defence.

It's Tuesday 30th August.

KeithP

Castle said:

KeithP said:

EpsomJim said:

KeithP said:

What is the Issue Date on your County Court Claim Form?

26th July

With a Claim Issue Date of 26th July, you have until Monday 15th August to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 31st August 2022 to file your Defence.

It's Tuesday 30th August.

So it is. I've adjusted my post. Thanks.