Popla appeal rejected now had letter re: court

Schlingel · 24 August 2017 at 4:17PM

Yes I already said I gave them a screen shot! This is what they said

Dear xxxxx

Thank you for contacting POPLA.

We have received a case file from the operator and this has been used during the decision reached by POPLA.

POPLA sent you an email on 24 July 2017 stating that this case file had been received.

This email contained a link to the case file on the portal and gave you seven days to submit any comments you had in relation to this evidence pack.

POPLA did not receive a response to this email.

I apologise that the portal is showing that a case file has not been submitted and this information will be passed to our IT department, however the correct procedure has been followed during investigation.

My original case was probably not strong, I can't find where I wrote it myself but this is their summary:
The appellant’s case is that she was parked facing a wall and there were no signs along the length of the wall. The appellant states that Google street view shows a sign across the road, but it is so high up it would be difficult to see. The appellant states that she walked the opposite way towards Debenhams and Next. She feels the signs are not adequate and as such, she should not be liable for the charge.

Nosferatu I'm not sure what specifics you are looking for?

patman99 · 24 August 2017 at 5:29PM

Schlingel wrote: »

I apologise that the portal is showing that a case file has not been submitted and this information will be passed to our IT department, however the correct procedure has been followed during investigation.

And there it is. POPLA'S admission that they are at fault. In any Court in the land, such a statement would be seen as an admission that there was no way you would have been able to review and respond to the evidence as they stated it had not been uploaded.

If a site states that a document is not available, then there is little you can do about viewing it.

POPLA are at fault here.

You must not pay the PCN unless ordered to do so by a Judge.

Let PE take you to Court. At least then, you will be able to argue legitamacy of signage (was is easilty visible?, did it comply with BPA regs ?, did it have the required planning permission as required under the 'Town & Country Planning Act 2007'?).

Other arguments to use are whether or not PE have landowner rights on this site.

nosferatu1001 · 24 August 2017 at 5:39PM

Respond back. State how can the "correct procedure" POSSIBLY have been foloowed, if you were not able to view the evidence?
POPLA have stated you could not review the evidence. Done.

I would stil usggest you tell PE exactly this. State in light of the admission by POPLA that your appeal was unfairly decided, due to a technical fault on THEIR side, would tehy agree to cancel the charge?

The_Deep · 24 August 2017 at 5:42PM

If PE take you to court, if you win, be sure to ask for CPR27.14,(2)(g) costs on the grounds of PE's unreasonable behaviour in pursing this case when PoPLA has acted in error.

Schlingel · 24 August 2017 at 8:03PM

Nosferatu I did put in a formal complaint where my argument was that the portal stated parking eye did not submit evidence, if it had said 'unable to see evidence' or something that had implied there may be evidence to see of course I would have chased it. Anyway, this was their reply (from the complaints department).

Thank you for your complaint about our service which we received on 4 August 2017.

As you have mentioned making a complaint in your recent email, it has been forwarded onto the complaints team to respond to.

I appreciate the time you have taken to write to me as we take all complaints about our service very seriously.

I have now investigated your complaint about our service and I am writing to let you know the outcome.

You raised concerns that we have:

Not followed the correct process.

Following my investigation of your complaint, I do not consider that there have been shortfalls in our service and I am satisfied that we dealt with your appeal in line with our processes and procedures.

As per our previous email an email was sent to you to advise that a case file had been received. I acknowledge that you have provided evidence that the portal states that a case file has not been received, and this has been passed over to our IT team to look into further.

If you had contacted us directly to advise you could not view the operator’s evidence then we could have provided you an extension to provide your comments, and sent the evidence to you directly. However, as you did not contact us at the time we were not to know that you could not view the operator’s evidence and therefore made a decision as per our process.

I am satisfied that we have followed the correct processes and sent all the necessary emails at the correct time scale. While I acknowledge there was a system error without knowing you had any issues we are unable to provide you a retrospective extension

Half_way · 24 August 2017 at 8:28PM

If you have had a Letter before court claim, its highly likely that the parking eye machine will just rumble on, and this will proceed to court, have you taken/followed nay of the advice below?

Half_way wrote: »

waamo has some good advice, you should do this ASAP.
post your complaint here first, you are trying to get one of two responses from the retail park:

1: a cancellation of the ticket, as parking eye are their agents the retail park, as principal can cancel any action by their agents at any time (regardless of what/if POPLA have said anything ) upto judgement in court

2: A statement from the retail park that they do not want this matter to be pursued through the court system, something along the lines of "Can you please confirm that you do not want your agents, Parking eye to pursue the parking charge though the court wasting valuable court time and money on such issues by responding with a We do not wish Parking eye to proceed with this through the court system"

If you cant get a cancellation, then a statement form the landowner saying they do not want this going to court will kill anything from parking eye stone dead, as without the authority of their principal( the landowner) they should be stuffed.
furthermore, as long as you let parking eye know about this and if you get such a statement you must let PE know, and if PE continue with the court process you can claim unreasonable behavior from parking eye in your defence and costs.

Schlingel · 24 August 2017 at 8:39PM

Yes I have emailed the retail park to ask they cancel the ticket

Coupon-mad · 24 August 2017 at 10:46PM

Good.

I would be sending a LBCCC to POPLA...

patman99 · 24 August 2017 at 11:02PM

Don't forget, PE would not have known about the message you had on your screen when accessing PoPLA.
They will have simply got the 'you win' message and procceeded to Court to get you to pay-up.

By the time you made them aware (you did keep them in the loop didn't you?), it may have ben to late as the Court process had been started.

It is not often (in fact, as rare as ablue moon) that you will find me defending a PPC, but in this case, they may truly be an innoccent party to PoPLA's error.

Schlingel · 8 September 2017 at 12:31AM

Ok so little update. I wrote a letter to parking eye just explaining the above re: Popla, and that because I wasn't given a fair chance to appeal I would not be paying the fine. I received an email from parking eye today telling me to pay the fine or I would be going to court- but hey it wasn't an official scary letter so maybe that's progress?!
Surprisingly the retail park got back to me and offered to get in touch with parking eye to cancel the ticket. However I have since received this email from parking eye saying I will be taken to court. It's gone past the costs now, to be honest I would love give parking eye a metaphorical punch in the face, I just think the way the they operate is so unethical

Popla appeal rejected now had letter re: court

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