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ParkingEye POPLA Won 2 Lost 1

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135

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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    I’d send a letter, marked private and confidential , personally.
  • Castle
    Castle Posts: 4,723 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Umkomaas wrote: »
    It seems that a court has already given a judgment in a case with similar circumstances - and it doesn’t make good reading for POPLA’s ‘Sector Expert’.

    http://parking-prankster.blogspot.co.uk/2017/12/company-not-liable-for-drivers-personal.html
    And it wasn't the first either:-
    http://parking-prankster.blogspot.co.uk/2017/12/excel-lose-parking-case-against-company.html
  • Umkomaas
    Umkomaas Posts: 43,258 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 December 2017 at 10:23PM
    It seems that POPLA (in general) and especially their new ‘Sector Expert(s)’ are nowhere near, nor are they keeping up to speed with the fast moving world of private parking - and they are supposedly the ‘professionals’. They must be professionals if they are getting paid for it?

    While a small handful of amateur individuals are so much further ahead than they are. Shameful that they can impose untold misery on individuals as a result of their ill-informed and ill-judged assertations.
    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.

    Private Parking Firms - Killing the High Street
  • Edna_Basher
    Edna_Basher Posts: 782 Forumite
    Seventh Anniversary 500 Posts
    edited 29 December 2017 at 11:51PM
    Umkomaas wrote: »
    ....... and they are supposedly the ‘professionals’.

    They claim to be "professionals" and so they must accept that they may become liable for their professional negligence.

    I suppose that as intended beneficiaries to the service contract between the BPA and Ombudsman Services Ltd, every "appellant" who uses POPLA has rights under that contract, including the right to sue Ombudsman Services Ltd if POPLA fails to deliver the professional, independent and impartial service that was promised to them.
  • Coupon-mad
    Coupon-mad Posts: 151,125 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Edna Basher I would love to see your firm sue POPLA for this. It seems your company has grounds.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Edna_Basher
    Edna_Basher Posts: 782 Forumite
    Seventh Anniversary 500 Posts
    edited 30 December 2017 at 12:35AM
    Carrying on the theme of Franz's thread, given that the BPA have employed Ombudsman Services Ltd, we could also sue them as principal.

    The old London Councils POPLA service was led by Mr. Greenslade, a barrister and a real "sector expert". However, the BPA could not / would not continue to fund this professional service and turned instead to Ombudsman Services to provide a cut-price, dumbed-down version of POPLA.

    Also, the BPA have allowed ISPA to fall by the wayside meaning that the POPLA process is no longer subject to true independent oversight.

    You get what you pay for (or in this case, the POPLA "appellants" get what the BPA pays for).
  • Coupon-mad
    Coupon-mad Posts: 151,125 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Even better, sue the BPA and p.ee off their membership.

    Popcorn time!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I'm very impressed with you all for sticking it to them, even over the festive period.

    Suing Ombudsman Services Ltd would seemingly be worthwhile on the back of all of this.

    It's utterly depressing to see such inconsistency and impropriety from an entity set up as supposedly independent - the oversights we've seen in this thread have been so glaring, that negligent does appear to cover them comprehensively.

    On that note, the letter is all drawn up, on the basis of Edna's, and the additional case, alongside a brief mention of the consumer rights terminology.
    Is it just going to the complaints@ address FAO Mr Gallagher?

    Perhaps I'd be better addressing it to "sector expert"?
  • Maybe the best thing to do is to take nosferatu's advice and post your letter of complaint to Mr. Gallagher (first class with free proof of posting and marked "Private and Confidential"). At least this [STRIKE]will[/STRIKE] should ensure that he'll get to read it rather than it being intercepted by one of his minders. In hindsight, this may have been a better approach for us to take.

    With regard to suing Ombudsman Services, this will need time and patience. You / we will need to demonstrate that their professional negligence had caused you / us loss and this would only really be possible after ParkingEye had taken you / us to Court and lost.

    Of course, there's nothing to stop you / us from warning them that in order to avoid the costly consequences of a professional negligence claim, they should either a) reassess the cases properly or b) pay ParkingEye's invoices themselves on your / our behalf.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yes to sue you’d need to show a loss, but that can be if you get Syed you can counter claim, joining popla to it, I believe.
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