To pursue to Court or not....

Kier2022

Hi all,

Hope you can help...

I have just had my appeal rejected by Popla and I am considering my next steps...

Essentially, I failed to enter my VRN at a kiosk at the gym I go to, but I was certain that I had entered it and presumed I had made a minor keying error.

I appealed through CE Ltd internal proceedures, they provided me with no evidence, instead the statement ' this situation is to be considered a major keying error' and then provided statements of what a major keying error is.... BPA code 23.4 states that parking operators must 'explain' their decision against an internal appeal.

Genuinely beliving I had made a minor keying error I have then forfietted my reduced rate of £20 and persued an appeal through Popla.

It was only at this late stage that CE Ltd have provided the evidence in the form of a VRN print out from the kiosks. I think this is an abuse of process and at worse 'misleading tatics' (BPA 9.5) You must not use predatory or misleading tactics to lure drivers into incurring parking charges.

Popla have been of no help as they state are not able to address my concerns regarding the abuse of process arguement and the lack of evidence as this was only made apparent after the evidence was submitted by CE ltd and therefore not in my initial appeal... bonkers..!

Anyway, what are my chances in Court? Should I try to speak to the landowners or just wait out until Court..? Any advice greatly appreciated...

KeithP

Why would you not speak to the landowners?

The opening post of the NEWBIES thread suggests that is one of the first things to do.

Le_Kirk

Why do you think you made an error or forgot to register your VRM; it is something you do every time you visit the gym; it could conceivably have been a failure of the PPC's equipment.

Not_A_Hope

Speak to your gym and tell them you cannot afford to be a member or use their gym if every visit came with a risk of a £100 additional invoice. Ask them to get it cancelled and threaten to cancel your membership. Ask them how many other gym members have had the same problem. It is surprising how often this type of missing / wrong VRM occurs. As well as machine failures (not your fault) some PPCs have been found to fabricate VRM log evidence in order to try to extort money out of motorists.

patient_dream

Kier2022
As said above .... complain to the gym and get this cancelled.

Any company or landlord that employs CEL did not do their research ?

POPLA ...... a Hit and Miss organisation, you either get a professional or maybe the tea lady .... once the new appeals service being introduced by government takes place, POPLA will be a DODO

Do Judges take any notice of POPLA ?    Not really, they look at the facts and CEL rubbish is well known to them

Just wait and see what happens next and come back here

Kier2022

Thanks so much... I really should have read the newbies thread...!

I spoke to the manager at the gym and I will formally email them today, but it appears that they do have the ability to cancel parking charges..

Part of me does want to go to Court as CE Ltd processes are unethical, not providing the evidence they have or even explaining this in simple terms at the first opportunity is clearly an abuse of process.

In my email to the gym I will cc CE Ltd, not that it will do much good but at least its something...

Thanks all...

Not_A_Hope

Private Parking is a mostly a scam industry so of course most of their practices are unethical and unfair. They don't care they just want to maximise their often illegitimate earnings. Your potential court visit won't stop them but fortunately the new government Code of Practice will. 

The quickest and least stress way way recommended by the forum is to get the Landowner or retailer to cancel it.

Coupon-mad

We beat CEL - and usually without a hearing - so listen to that voice in your head that wants to defend one of their meritless court claims!