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    • Stanley St
    • By Stanley St 12th Jul 18, 3:05 PM
    • 62Posts
    • 30Thanks
    Stanley St
    Too late for a POPLA appeal?
    • #1
    • 12th Jul 18, 3:05 PM
    Too late for a POPLA appeal? 12th Jul 18 at 3:05 PM
    I had a ticket from Britannia Parking a few months ago, that I appealed with them (cribbing various bits that seemed to apply from threads on this forum). Unsurprisingly the appeal was rejected telling me of a Supreme Court ruling that their charge was lawful.

    I was parked over two hours in a badly signed car park that has featured many times in various posts here. Paying the 100 charge just seemed wrong. I intended a POPLA appeal but seeing how much work was involved to do it properly, I just didn't get round to it.

    I have since had a letter from Debt Recovery Plus asking me to pay them 160 before a certain date (since past). I am happy to follow advice in the Newbies Thread ignore such a demand and see if their client really would like to take court action over it, but tactically, should I still appeal to POPLA at this late stage?
Page 1
    • Le_Kirk
    • By Le_Kirk 12th Jul 18, 3:08 PM
    • 5,302 Posts
    • 5,029 Thanks
    Le_Kirk
    • #2
    • 12th Jul 18, 3:08 PM
    • #2
    • 12th Jul 18, 3:08 PM
    When your appeal was rejected, did you receive a POPLA code? If so, is it still valid or has it expired?
    • afwone
    • By afwone 12th Jul 18, 8:35 PM
    • 76 Posts
    • 34 Thanks
    afwone
    • #3
    • 12th Jul 18, 8:35 PM
    • #3
    • 12th Jul 18, 8:35 PM
    I wonder how long after expiry is too late
    • Fruitcake
    • By Fruitcake 12th Jul 18, 8:42 PM
    • 39,972 Posts
    • 89,121 Thanks
    Fruitcake
    • #4
    • 12th Jul 18, 8:42 PM
    • #4
    • 12th Jul 18, 8:42 PM
    I wonder how long after expiry is too late
    Originally posted by afwone
    Popla codes last about 32 days. After that they don't work any more.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Quentin
    • By Quentin 12th Jul 18, 8:57 PM
    • 39,702 Posts
    • 23,715 Thanks
    Quentin
    • #5
    • 12th Jul 18, 8:57 PM
    • #5
    • 12th Jul 18, 8:57 PM
    You do look to be too late, but check and see

    Never waste a chance to kill these off at Popla!!

    You now maybe unnecessarily facing years of debt collectors annoying you
    • Stanley St
    • By Stanley St 12th Jul 18, 9:36 PM
    • 62 Posts
    • 30 Thanks
    Stanley St
    • #6
    • 12th Jul 18, 9:36 PM
    • #6
    • 12th Jul 18, 9:36 PM
    You do look to be too late, but check and see

    Never waste a chance to kill these off at Popla!!

    You now maybe unnecessarily facing years of debt collectors annoying you
    Originally posted by Quentin
    Oh dear. Yes a few weeks late.

    And I am already onto another letter from Debt Recovery Plus who tell me that they have recommended to their client that they appoint their solicitor to start court action against me.

    However, this time they offer a final settlement offer of 136 to avoid court action.

    I wonder if it is worth appealing to POPLA, or if I should resign myself to a life of being chased by debt collectors?
    • Coupon-mad
    • By Coupon-mad 12th Jul 18, 9:47 PM
    • 74,444 Posts
    • 86,956 Thanks
    Coupon-mad
    • #7
    • 12th Jul 18, 9:47 PM
    • #7
    • 12th Jul 18, 9:47 PM
    You can't appeal or contact POPLA.

    Did you stop to wonder what we all did before POPLA existed in late 2012? Yep, we all ignored PPC trash and their debt collector threatogram letter chains, Typically 7 or 8 letters over a year or two, I've had them myself). Not a lifetime!

    You should complain to the landowner/retailer & get them to cancel it on the spot.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Stanley St
    • By Stanley St 12th Jul 18, 10:01 PM
    • 62 Posts
    • 30 Thanks
    Stanley St
    • #8
    • 12th Jul 18, 10:01 PM
    • #8
    • 12th Jul 18, 10:01 PM
    You can't appeal or contact POPLA.

    Did you stop to wonder what we all did before POPLA existed in late 2012? Yep, we all ignored PPC trash and their debt collector threatogram letter chains, Typically 7 or 8 letters over a year or two, I've had them myself). Not a lifetime!

    You should complain to the landowner/retailer & get them to cancel it on the spot.
    Originally posted by Coupon-mad
    This is my first offence, and this world is all new to me. I am glad to read of your experience and feel prepared to tough it out with debt collectors. My dear wife on the other hand is quite worried.

    The car park in question is labelled 'Customer's Car Park' along with numerous other signs from the various shops that back onto it, but the landowner/retailer owning the land is not identified.
    • Coupon-mad
    • By Coupon-mad 12th Jul 18, 10:05 PM
    • 74,444 Posts
    • 86,956 Thanks
    Coupon-mad
    • #9
    • 12th Jul 18, 10:05 PM
    • #9
    • 12th Jul 18, 10:05 PM
    This is NOT an offence! NOT a penalty, not a parking fine. It is a scam.

    My dear wife on the other hand is quite worried.
    So was my dear husband, ten years ago when I first collected debt collector threatograms and told him to laugh at them.

    Now you played this wrong and should have just won at POPLA (next time)! So I don't want newbies thinking ignore POPLA is the right stance because it wasn't.

    The car park in question is labelled 'Customer's Car Park' along with numerous other signs from the various shops that back onto it, but the landowner/retailer owning the land is not identified.
    Go there first - before trying IAS, so go this weekend - (on foot, having parked somewhere properly on street - no blinking private car parks!) and ask each Store Manager if they will cancel this threat, or you will never shop there again and you have in the past and planned to, in the future...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Stanley St
    • By Stanley St 13th Jul 18, 3:19 PM
    • 62 Posts
    • 30 Thanks
    Stanley St
    This is NOT an offence! NOT a penalty, not a parking fine. It is a scam.
    Originally posted by Coupon-mad
    Indeed. I committed this with a clear conscience and was entrapped through a lack of clear signage.

    So was my dear husband, ten years ago when I first collected debt collector threatograms and told him to laugh at them.
    Originally posted by Coupon-mad
    I feel a little uncomfortable about it, but your zeal for the cause is having more effect on me than the tears of my dear wife. I must hide the threatograms from her in future, as I doubt she will ever laugh at them.

    Now you played this wrong and should have just won at POPLA (next time)! So I don't want newbies thinking ignore POPLA is the right stance because it wasn't.
    Originally posted by Coupon-mad
    I am learning from my mistakes and have today advised a newbie I know to follow advice in your Newbie Thread.

    Go there first - before trying IAS, so go this weekend - (on foot, having parked somewhere properly on street - no blinking private car parks!) and ask each Store Manager if they will cancel this threat, or you will never shop there again and you have in the past and planned to, in the future...
    Originally posted by Coupon-mad
    A phone call to one of the shop managers has revealed the land of the car park is owned by CBRE Group, the large commercial real estate and investment firm. The shop manager told me the shops all hate that company. So many of their customers have been caught with penalty charges and have been put off coming back to shop.

    Is it worth seeing if Britannia Parking will engage with IAS on my case - or will it simply be a waste of time and the 15 fee?
    • Fruitcake
    • By Fruitcake 13th Jul 18, 3:28 PM
    • 39,972 Posts
    • 89,121 Thanks
    Fruitcake
    Britannia are not interested in anything other than their 100 of flesh and you would be wasting 15 quid in my opinion.

    I would do as C-m suggested and visit each store in turn to see if a manager can help. (Not customer services.)

    Ignore debt collectors. Post 4 of the NEWBIES explains why it is safe to do so. Remember, this is not a fine, it's an invoice. It's no different from a tradesperson charging you when they haven't done something, and had terms buried in the small print. It is a SCAM.

    Complain to your MP as well about this unregulated scam. Amongst other things, point out that you have been denied access to ADR (PoPLA) in breach of the Alternative Dispute Resolution Act 2015, an act of parliament that states you should have access to this for not less than one year.
    Last edited by Fruitcake; 13-07-2018 at 3:48 PM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Umkomaas
    • By Umkomaas 13th Jul 18, 3:30 PM
    • 23,974 Posts
    • 38,501 Thanks
    Umkomaas
    Is it worth seeing if Britannia Parking will engage with IAS on my case - or will it simply be a waste of time and the 15 fee?
    Britannia are BPA operators and POPLA is their standard second stage appeal service. The IAS is the IPC's version - and we almost never recommend anyone appealing to them, and especially not to their 'special' service @ 15 a pop, where you guarantee to be bound by their decision.

    I was a little puzzled why CM mentioned the IAS.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Fruitcake
    • By Fruitcake 13th Jul 18, 3:51 PM
    • 39,972 Posts
    • 89,121 Thanks
    Fruitcake
    Britannia are BPA operators and POPLA is their standard second stage appeal service. The IAS is the IPC's version - and we almost never recommend anyone appealing to them, and especially not to their 'special' service @ 15 a pop, where you guarantee to be bound by their decision.

    I was a little puzzled why CM mentioned the IAS.
    Originally posted by Umkomaas

    IAS is a generic term for independent appeals service, and applies to the semi-fair BPA version, PoPLA, as well as the chocolate firebrick IPC version, IAS
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Umkomaas
    • By Umkomaas 13th Jul 18, 4:24 PM
    • 23,974 Posts
    • 38,501 Thanks
    Umkomaas
    IAS is a generic term for independent appeals service, and applies to the semi-fair BPA version, PoPLA, as well as the chocolate firebrick IPC version, IAS
    Originally posted by Fruitcake
    I know that, but usually here the IPC version is capitalised (IAS), whereas the generic tends to be shown in lowercase (ias).

    Still puzzled why CM included reference - if it was in the context of the 12-month legal option it would be 'ADR'. I'm sure CM will be along later, once the evening/night shift commences, and enlighten us.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Stanley St
    • By Stanley St 2nd Apr 19, 5:42 PM
    • 62 Posts
    • 30 Thanks
    Stanley St
    I have continued with this thread, though my situation has now moved on from that described at the outset. I have ignored various debt collection letters and a Letter of Claim, and now have a Claim form in the County Court Business Centre, and find myself reading these threads again and wondering what to do.

    Alas I am late again, but have sent off the Acknowledgement of Service form online at the MCOL website, even though much later than it says I should have done. I hope there is some flexibility in this.

    The MCOL Defence form is very simple, with a maximum of 122 lines to state my defence. Yet the defences that I see links to in the Newbies thread stretch to far more than that.

    Am I missing something?
    • Redx
    • By Redx 2nd Apr 19, 5:48 PM
    • 23,279 Posts
    • 29,675 Thanks
    Redx
    yes , the defence will be printed , signed and dated , scanned back to your pc, saved as a pdf doc and emailed to the CCBC (you wont be using their 122 line submission page)

    tell us the DATE OF ISSUE on your N1 form and you will get the usual lowdown on the what , why and when in return

    as the AOS has been completed , start drafting your defence , AFTER you have emailed a SAR to BRIT , to their DPO, asap
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Stanley St
    • By Stanley St 2nd Apr 19, 6:01 PM
    • 62 Posts
    • 30 Thanks
    Stanley St
    yes , the defence will be printed , signed and dated , scanned back to your pc, saved as a pdf doc and emailed to the CCBC (you wont be using their 122 line submission page)

    tell us the DATE OF ISSUE on your N1 form and you will get the usual lowdown on the what , why and when in return

    as the AOS has been completed , start drafting your defence , AFTER you have emailed a SAR to BRIT , to their DPO, asap
    Originally posted by Redx
    Oh thanks, that is helpful. As the online form requires there to be a response in that section, I suppose I just need to write that it is being faxed separately.

    The date on the N1 is 26 February.
    • Redx
    • By Redx 2nd Apr 19, 6:05 PM
    • 23,279 Posts
    • 29,675 Thanks
    Redx
    you do not write ANYTHING AT ALL in that online defence box

    anything written in that online box will be taken as THE DEFENCE , even if it is just a full stop. plus nothing at all will be "faxed"

    stop assuming and follow the correct advice, the walkthrough guides and explanations are in post #2 of the NEWBIES thread

    and yes you seem to have failed the AOS option of 19 days from the date of issue, so lets hope that the CCBC accept this late AOS


    it seems to me that the deadline for your defence is today or this week
    Last edited by Redx; 02-04-2019 at 6:11 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 2nd Apr 19, 6:12 PM
    • 15,818 Posts
    • 18,778 Thanks
    KeithP
    Do not write anything on that form. Nothing at all.

    I'm going to assume that the Claim Form came from the County Court Business Centre in Northampton. Please confirm.

    With a Claim Issue Date of 26th February, you had until Monday 18th March to do the Acknowledgement of Service. Did you do the AoS in that timescale? Again please confirm.

    If you did the AoS by Monday 18th March, then you had until 4pm on Monday 1st April 2019 to file your Defence.

    If you did not do the AoS by that date, the Claimant has been free to seek a Default Judgment at anytime since then.

    As you say, you have left this late - an understatement.

    Probably best to check the Claim History on MCOL before doing anything else.
    If a Default Judgment has been awarded, then there is no rush to file a Defence.


    Your Defence should be filed via email as suggested here:
    1. Print your Defence.
    2. Sign it and date it.
    3. Scan the signed document back in and save it as a pdf.
    4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
    8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.


    You really must file your Defence at the earliest opportunity - before 8am in the morning would be best.

    You may already be too late. Since this morning, Tuesday 2nd April, the Claimant has been free to seek a Default Judgment against you

    File a Defence tonight.
    Last edited by KeithP; 02-04-2019 at 6:17 PM.
    .
    • Stanley St
    • By Stanley St 2nd Apr 19, 6:25 PM
    • 62 Posts
    • 30 Thanks
    Stanley St
    Do not write anything on that form. Nothing at all.
    Originally posted by KeithP
    You mean not use the form at all or just that section?

    I'm going to assume that the Claim Form came from the County Court Business Centre in Northampton. Please confirm.
    Originally posted by KeithP
    Yes

    With a Claim Issue Date of 26th February, you had until Monday 18th March to do the Acknowledgement of Service. Did you do the AoS in that timescale? Again please confirm.
    Originally posted by KeithP
    Alas no

    If you did the AoS by Monday 18th March, then you had until 4pm on Monday 1st April 2019 to file your Defence.

    As you say, you have left this late - an understatement.

    Probably best to check the Claim History on MCOL before doing anything else.
    If a Default Judgment has been awarded, then there is no rush to file a Defence.
    Originally posted by KeithP
    I can't see anything online about a default judgement.

    Your advice on this is much appreciated. I shall see what I can do...
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