Help with comments in response to POPLA evidence

EDowdy

Hi,

Sorry I am new to the forum but have read certain posts to get to where I am now.

Long story short, UKPC issued fine for overstaying their 3 hour limit for the shopping park.

Extenuating circumstance of a car breakdown (flat tyre) prevented me from leaving the car park within this limit.

Emailed the management of the shopping park and the UKPC contact for the shopping park, which was detailed on the shopping park's website, and received no response.

Submitted UKPC appeal with all evidence (proof of reason for visiting shopping park - email confirmation of barbers appointment, RAC call log to show what time I called them, all text and WhatsApp messages, the payment and receipt for the new tyre which showed what time the work was completed, copies of the emails sent to the shopping park and UKPC as mentioned above).

Appeal rejected but with a "kind" offer to reduce fine to £20!

Submitted POPLA appeal with additional evidence of official letter from RAC.

POPLA have today responded with the attached.

Do I have any rebuttal here please?

Thanks in advance ☺️

Coupon-mad

Well you would never win this at POPLA so you shouldn't have bothered with that.

Totally ignore the POPLA Decision (when it arrives) and ignore the £170 threatograms.

Read the NEWBIES thread first.

James_Poisson

There was no "fine" it was an invoice!

EDowdy

https://forums.moneysavingexpert.com/discussion/comment/81892919#Comment_81892919

I may be out of date on advice as it's been around 10 years since I last had to fight a bus lane fine but I thought it was bad advice to ignore these, which is why I have followed the process thus far.

From what you have said, have I approached this the wrong way then and do you mean it doesn't really matter what comment I respond with? Do I need to put a comment then if this is the case?

I have read the newbie post, so it looks like I am facing the hounding letters again then and potentially a court claim in the future?

Coupon-mad

Yes that's right but defending a UKPC claim is ten times easier than POPLA! Doesn't even need a hearing.

Re the POPLA appeal, you may as well comment: look at their evidence and pick up on things like how illegible the signage is, and if the landowner agreement is out of date or not signed by the landowner.

James_Poisson

They are running a scam with a sham appeal process, and they tell lies, in many cases for example signage is not clear, ample, and sometimes doesn't exist.

The Code of Practice is advice set out to help the ATA members comply with the laws of contract and the POFA there is no compulsion to comply with every suggestion in the code (which the BPA/IPC change on a whim) in fact they break its advice over and over and just carry on.

Of course they could have accepted your mitigating circumstances there is nothing to stop them only their own greed, and the first stage appeal is for mitigating circumstances.

It was impossible for you to move the vehicle why should you need to pay a fee, and it could be said that they are stating the terms and conditions are clearly stated on the signage however, they have told you of another clause which is not, where you need to pay them £20 if you break down.

They have also told you after the event that there are other terms in a code of practice which a motorist that has never been in this situation before might have no knowledge of. How can you research that in the middle of a situation in a car park.

Had this been a car park covered by a foot patrol it could be argued that the attendant would have seen your situation and moved on, you are in fact paying for their easy, catch em all method that uses cheap to run ANPR and were trying to charge you a fee for the paperwork.

It's all about them and their bank balance supported by their intransigent arrogant bullying.

1505grandad

"The Code of Practice is advise set out to help the ATA members comply with the laws of contract and the POFA there is no compulsion to comply with every suggestion in the code …….."

Yet "comply" is stated in the KADOE contract:-

https://assets.publishing.service.gov.uk/media/5a81a0c7e5274a2e8ab55036/Annex_A_-_KADOE_Fee_Paying_Contract_V4.pdf

"A6. Membership of an Accredited Trade Association

A6.1. The Customer shall at all times be a member of a DVLA Accredited Trade Association (“ATA”) and maintain membership of the ATA and comply with the ATA’s Code of Practice or Conduct."

However as we all know the DVLA couldn't care less:-

https://www.whatdotheyknow.com/request/kadoe_notifications_of_non_compl/response/3093363/attach/html/4/FOIR12547%20D%20Walsh.pdf.html

"You asked:

Details of all notifications made by KADOE contract holders to DVLA of non-compliance from 1st January 2024 to 30th June 2025

"The Driver and Vehicle Licensing Agency (DVLA) does not hold recorded informationwithin scope of your request. "