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POPLA Decisions

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Comments

  • trisontana
    trisontana Posts: 9,472 Forumite
    First Post Combo Breaker First Anniversary
    So yet another example of Parking Eye shooting themselves in the foot by redacting too much of the contract.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • Paddyshepherd
    Paddyshepherd Posts: 33 Forumite
    First Post Combo Breaker First Anniversary
    Just been told by Popla over the phone that all appeals have been ajourned until Aug 28th? Mine was due to be assessed on 31st July and have only found that out by ringing them but it would appear that other people are still getting theirs through?
  • Paddyshepherd
    Paddyshepherd Posts: 33 Forumite
    First Post Combo Breaker First Anniversary
    Just rang them again and asked for clarification as the info on their website was conflicting what I'd been told. Apparently there's no clear reason why my case has been pushed back. Confusing!
  • PNE4MYWIFE
    PNE4MYWIFE Posts: 31 Forumite
    Combo Breaker First Anniversary
    edited 7 August 2015 at 1:37PM
    Well, I lost and have been given a court summons.

    I think I ballsed up the POPLA stage as I got confused.
  • trisontana
    trisontana Posts: 9,472 Forumite
    First Post Combo Breaker First Anniversary
    PNE4MYWIFE wrote: »
    Well, I lost and have been given a CCJ and a court summons.

    I think I ballsed up the POPLA stage as I got confused.

    I think you have got hat the wrong way round. You can only get a CCJ if the case goes to court, you lose and then you fail to pay whatever the judge orders.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    PNE4MYWIFE wrote: »
    Well, I lost and have been given a CCJ and a court summons.

    Really? You've already been to court?
  • PNE4MYWIFE
    PNE4MYWIFE Posts: 31 Forumite
    Combo Breaker First Anniversary
    trisontana wrote: »
    I think you have got hat the wrong way round. You can only get a CCJ if the case goes to court, you lose and then you fail to pay whatever the judge orders.

    Haha yeah that's what I meant, absolute disaster.
  • Paddyshepherd
    Paddyshepherd Posts: 33 Forumite
    First Post Combo Breaker First Anniversary
    Ha. I just got a letter from debt recovery plus after LDK security asked popla to adjourn my case. Doesn't this mean they've fell foul of the rules and I'm pretty much guaranteed a win?
  • Harkanurn
    Harkanurn Posts: 1 Newbie
    Just wanted to add my win/thanks to the hat - been dipping in and out of this thread during the appeals process! Now, as PE had no authority to issue the charge or request my details I'm off to complain to the DVLA and BPA!

    Thanks again all.

    It is the Operator’s case that their Terms and Conditions of parking (“the
    Terms”) are clearly displayed throughout the above named site. They submit
    the Appellant breached the Terms by parking for in excess of the maximum
    permitted stay period without authorisation and therefore is liable to pay the
    parking charge.

    The Appellant has made several submissions however it is only necessary to
    consider one submission for the purposes of this appeal. This is the submission
    that the Operator has no authority from the Landowner to issue parking
    charges on the land.

    The Operator has not provided a copy of a contract between themselves
    and the Landowner which authorises them to operate at the site and to issue
    parking charges on the Landowner’s behalf; nor have they provided a signed
    witness statement confirming the existence of such a contract. Therefore, I
    cannot find the parking charge to be enforceable by the Operator in this
    case.

    Accordingly, I allow the appeal.

    Ricky Powell
    Assessor
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Just wanted to add my win/thanks to the hat - been dipping in and out of this thread during the appeals process! Now, as PE had no authority to issue the charge or request my details I'm off to complain to the DVLA and BPA!

    1. Ask the DVLA to stop providing keeper details to PE for that particular site in view of the POPLA statement.
    2. Ask the BPA to confirm they will be issuing sanction points to PE in view of the POPLA statement.

    Well done by the way. Please let us know what the outcomes of your complaints are. Start a new thread with the details when received.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

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