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  • FIRST POST
    • delow
    • By delow 18th Dec 17, 4:26 PM
    • 14Posts
    • 3Thanks
    delow
    popla didn't get pdf so i obviously lost , what now?
    • #1
    • 18th Dec 17, 4:26 PM
    popla didn't get pdf so i obviously lost , what now? 18th Dec 17 at 4:26 PM
    Hi I put together a 9 page pdf with great help and advice from this forum and sent it to popla as a pdf with no way of knowing if they got it ( as its not an email ) i received nothing back from them saying that all they had from me where the words " my popla appeal is in this pdf " so obviously i lost . I sent them a few emails back and forth explaining that this was slightly unfair and i hadn't had a fair appeal but it fell on deaf ears . This was about 3 months ago and i haven't heard anything from parking eye until today , now they have sent me a " letter before county court claim " stating that if it go's to court i will have to pay an additional £50 solicitors few plus £25 court fee. Just seeing what my options are now , i still have to 9 page pdf on my computer . Would it be worth going to court with this ? Thanks
Page 1
    • Coupon-mad
    • By Coupon-mad 18th Dec 17, 4:46 PM
    • 58,342 Posts
    • 71,859 Thanks
    Coupon-mad
    • #2
    • 18th Dec 17, 4:46 PM
    • #2
    • 18th Dec 17, 4:46 PM
    Depends what the circumstances are - if it's a non-POFA PCN and you never said who was driving and it was a site known to have issues (e.g. dodgy signs and ownership at Aire Street Leeds, parking in the dark) then you have more scope than a POFA PCN, issued for a significant (over 20 minutes) retail park overstay in broad daylight.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • claxtome
    • By claxtome 18th Dec 17, 4:52 PM
    • 574 Posts
    • 678 Thanks
    claxtome
    • #3
    • 18th Dec 17, 4:52 PM
    • #3
    • 18th Dec 17, 4:52 PM
    Is this thread related to any of your other 2 threads. If so it is better you stick to the rules - 1 case per thread.

    Easier for forum members to see the background of your case and it's passed history.

    Sounds like it will be from the quote:
    Hi I put together a 9 page pdf with great help and advice from this forum
    If so I suggest you post in your original thread.
    • pappa golf
    • By pappa golf 18th Dec 17, 4:53 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    • #4
    • 18th Dec 17, 4:53 PM
    • #4
    • 18th Dec 17, 4:53 PM
    if the 9 page PDF was good enough to win at POPLa , then use it or parts of it in any court case
    • Half_way
    • By Half_way 18th Dec 17, 5:15 PM
    • 4,152 Posts
    • 5,888 Thanks
    Half_way
    • #5
    • 18th Dec 17, 5:15 PM
    • #5
    • 18th Dec 17, 5:15 PM
    Who is this they? you havent provided any information on how you got a ticket in the first place, or any other information that could be of use if you wan help.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • delow
    • By delow 18th Dec 17, 5:39 PM
    • 14 Posts
    • 3 Thanks
    delow
    • #6
    • 18th Dec 17, 5:39 PM
    • #6
    • 18th Dec 17, 5:39 PM
    Sorry thought that my old posts here as well , it was in tower road newquay and i was 11 mins late . And take off 5 mins to buy the ticket. . looking at the rest of the letter they have put a Annex 1 information sheet and in it it say "how long do i have to fill in the reply form?" you only have 30 days from the date at the top of the letter from the business to send back the reply form , if the business does not get your reply form within 30 days , it could TAKE YOU TO COURT in relation to this dept . Is this just a generic letter , don't want to mess up my credit but really don't want to pay these doughnuts either .
    • pappa golf
    • By pappa golf 18th Dec 17, 5:44 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    • #7
    • 18th Dec 17, 5:44 PM
    • #7
    • 18th Dec 17, 5:44 PM
    11 minutes late , what , from buying your ticket , OR as recorded on ANPR cameras

    remember , there are 2 grace periods when paying for parking , one at the start and one when leaving
    • Umkomaas
    • By Umkomaas 18th Dec 17, 5:54 PM
    • 17,981 Posts
    • 28,462 Thanks
    Umkomaas
    • #8
    • 18th Dec 17, 5:54 PM
    • #8
    • 18th Dec 17, 5:54 PM
    it was in tower road newquay
    There have been a couple of recent threads about PE initiating court action over Tower Road. I!!!8217;ve struggled to find previous cases to those, and I!!!8217;m wondering whether previously the golf club has not given PE permission to do so, but maybe buckled under pressure, or there!!!8217;s a new Secretary who!!!8217;s been persuaded to agree?

    don't want to mess up my credit but really don't want to pay these doughnuts either .
    The only way to !!!8216;mess up your credit!!!8217; lies in your own hands. Ignore court papers, or go to court, lose, get costs awarded against you, you refuse or forget to pay those costs by the deadline set by the judge are the only ways really of !!!8216;messing up your credit!!!8217;.

    To help everyone contributing to your case, please PM Crabman or soolin (Board Guides) and ask that your separate threads are merged into one. Links to the Board Guides can be found in the bottom r/h corner of the forum thread list page, one back from this one.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Coupon-mad
    • By Coupon-mad 18th Dec 17, 6:12 PM
    • 58,342 Posts
    • 71,859 Thanks
    Coupon-mad
    • #9
    • 18th Dec 17, 6:12 PM
    • #9
    • 18th Dec 17, 6:12 PM
    i was 11 mins late
    Within a reasonable grace period at a very popular beach car park - very defendable in court. POPLA have upheld appeals on that basis before at this very car park over more than 11 minutes, and PCNs have been cancelled here all the time due to POPLA. So you would have won and can defend it.

    It's a letter you must reply to - look up the PAP for debt claims to follow what YOU must do.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Half_way
    • By Half_way 18th Dec 17, 6:25 PM
    • 4,152 Posts
    • 5,888 Thanks
    Half_way
    possible option for landowner complaint - especially if the time is only 11 minutes?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • delow
    • By delow 2nd Jan 18, 6:36 PM
    • 14 Posts
    • 3 Thanks
    delow
    Hi this was the last email i received from popla after complaining that i didn't get a fair appeal as they did not receive any information from me

    Thank you for contacting POPLA.



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



    You have raised concerns about the decision made for your appeal.



    Firstly I would like to explain how POPLA works. POPLA is an evidence based appeals service that work by comparing the evidence provided by both parties before making a decision. POPLA is impartial so does not contact any third parties for information or provide advice; we solely rely on the evidence provided to make our final decision at the end of the process



    As previously advised the PDF document you are referring to was not attached to your appeal. As such the assessor was unable to address your points and assessed the appeal in line with POPLA!!!8217;s process. It is not the role of the assessor to contact you to advise that we did not receive your PDF, just as we would not contact the operator if their evidence is not attached, as we have to remain impartial to both sides involved.



    Following my investigation of your complaint, I do not consider that there have been shortfalls in our service and I am satisfied that we have dealt with your complaint in line with our processes and procedures. As such my response now concludes the complaint process, and there will be no further review of this appeal as it is now outside our remit.



    We will not be engaging in any further correspondence with you in this matter.

    So after looking online and from the previous posts from you guys are my options

    pay ? ( not going to)

    dispute with parkingeye ( they will just tell me to pay )

    go to small claims court (50/50 win loose)

    keep buying time until they give up . (they might not ?)

    Can you offer an amount of money eg £10-£20 or would they just turn it down ?

    As far as i can see the Annex 1 form i tick the " i dispute the dept " box , then should i explain that they won the popla appeal because they didn't get my pdf and i am seeking legal advice . And should i send them a copy of my 9 page appeal ? Thanks , happy new year !!!
    • Quentin
    • By Quentin 2nd Jan 18, 6:52 PM
    • 35,814 Posts
    • 20,063 Thanks
    Quentin
    All you can do now is wait and see if they decide to try court.


    Ignore everything you get through the post except a LBCCA or court correspondence


    Come back for advice on defending court claim if it comes to that


    (Where did you see court was a 50/50 on winning - not for people aided here!!)
    • KeithP
    • By KeithP 2nd Jan 18, 7:12 PM
    • 7,658 Posts
    • 7,362 Thanks
    KeithP
    Are you going to get your threads merged or not?
    .
    • Umkomaas
    • By Umkomaas 2nd Jan 18, 10:33 PM
    • 17,981 Posts
    • 28,462 Thanks
    Umkomaas
    Are you going to get your threads merged or not?
    Originally posted by KeithP
    Annoying that posters expect regulars to offer up unlimited advice, using their own time and expertise, yet when politely asked to do a simple something for regulars, they just don’t seem to bother.

    Well, ‘not bothering’ can be a two-way street!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Coupon-mad
    • By Coupon-mad 2nd Jan 18, 11:47 PM
    • 58,342 Posts
    • 71,859 Thanks
    Coupon-mad
    go to small claims court (50/50 win loose)
    (Where did you see court was a 50/50 on winning - not for people aided here!!)
    Originally posted by Quentin
    99% win rate here (counting fully-coached defendants).

    To the OP, we already told you that you have a CLEAR case on Grace Periods:
    tower road newquay and i was 11 mins late
    No you were not '11 mins late' and you won't be saying that, because it isn't true. We assume THEY said that your 'total stay' was 11 mins more than parking time paid. NOT the same, & perfectly OK to take 5 - 10 mins on arrival before paying at the machine, then you are positively allowed (under the BPA CoP) at least a full TEN minutes just for leaving after paid-for time.

    And that doesn't take account the facts and idiosyncrasies of this busy beach car park, in summer, which is large and full of children, buckets, spades, surfboards and paraphernalia, as well as other cars manoeuvring, and not forgetting that very busy main road at the exit (the main route down to Fistral Beach) that any driver MUST queue before joining!

    YOU WOULD WIN THIS IN COURT, IMHO.
    Last edited by Coupon-mad; 02-01-2018 at 11:54 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • delow
    • By delow 8th Jan 18, 8:24 PM
    • 14 Posts
    • 3 Thanks
    delow
    Hi ,sorry i have no idea what " get your threads merged means " otherwise i'd happily do it . I just tried to see if i could find my original post from last year and it's taken my about 15 mins to refind these messages , i don't go on forums infact this is the only one i've ever been on so have now idea how it works or what to do , we can't all be computer experts !!!! All i'm trying to find out now is what i should say to parkingeye ( if anything ) because in the newbie bit it says don't ignore but Quentin said do ignore them ? I have until the 14th to correspond with them if thats what i should do , it does have a part on the form that says " i don't think i should pay " then you have to put you reasons . And how do i merge threads as when i search my name or the title it can't find anything . Sorry for being a dumbass but this Really isn't my forte


    I
    • Redx
    • By Redx 8th Jan 18, 8:27 PM
    • 18,309 Posts
    • 23,192 Thanks
    Redx
    just click on the name SOOLIN or CRABMAN at the bottom of this forum , send them a private message , ask them to merge this thread with your old threads into one complete thread only

    even if you do not understand the request , they do, its part of their job (not yours) , so you rely on those doing a job to know what to do and what you mean plus what we mean too
    Last edited by Redx; 08-01-2018 at 8:29 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 8th Jan 18, 8:39 PM
    • 7,658 Posts
    • 7,362 Thanks
    KeithP
    Hi ,sorry i have no idea what " get your threads merged means " otherwise i'd happily do it .
    Originally posted by delow
    Post #8 offered guidance on that:
    To help everyone contributing to your case, please PM Crabman or soolin (Board Guides) and ask that your separate threads are merged into one. Links to the Board Guides can be found in the bottom r/h corner of the forum thread list page, one back from this one.
    Originally posted by Umkomaas
    .
    • delow
    • By delow 8th Jan 18, 9:41 PM
    • 14 Posts
    • 3 Thanks
    delow
    Ok i think i've pm'd soolin to merge the threads , i only use my computer for logic or serato this forum might as well be in Russian !!
    I've read through the newbies threads again and still no wiser , i'll have another read tomorrow with a clearer head see if i can make heads or tails of it .Thanks
    • delow
    • By delow 10th Jan 18, 8:34 PM
    • 14 Posts
    • 3 Thanks
    delow
    Hi i found a couple of reply's and edited them to make this is this ok?Thanks for all your help so far by the way !!!

    Dear Sir

    Ref ****** (Without prejudice save to costs)

    I note your Letter Before Claim

    I continue to deny any liability to your company for the following reasons, any one of which is fatal to your claim :

    1 I have the reasonable belief that you have no legal capacity to offer parking contracts
    2 I have the reasonable belief that your contract with the land-owner does not authorise you to issue proceedings
    3 Your signs do not offer contracts with the motorist
    4 No consideration passed from either party and therefore no contract could exist
    5 The charge is not a genuine pre-estimate of any loss to your company
    6 Even if any debt existed it would be due to the land-owner, not your company

    I note that Point #4 of your letter states that you remain open to Alternative Dispute Resolution.
    Your letter continues however by stating that this is not, in fact, ADR but merely the possibility of continued written correspondence between us.!

    I note that Point #6 refers to your production of a document as proof that you are authorised to operate on site.
    I have no doubt that such a document exists but, in the event of legal proceedings, I will require that you clarify your legal capacity to offer parking contracts and your authority to pursue legal action as specified in the BPA Code of Practice, to which your letter refers :

    7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed
    agent) before you can start operating on the land inquestion. The authorisation must give you the authority to carry out all the aspects of the management and
    enforcement of the site that you are responsible for.

    In particular, it must say that the landowner requires you to keep to the Code of Practice and that either you have the authority to pursue outstanding parking charges, through the courts if necessary or that you have the authority to pursue outstanding parking charges and, with their permission, through the courts if necessary

    In the event of legal action I will ask the court to order your company to produce the contract

    I reserve the right to state further reasons why I deny any debt when I receive a fully compliant Letter before Claim in accordance with Annex A of the Practice Direction for Pre-action Protocol.

    Please inform me of your decision regarding the availability of ADR within fourteen days

    Yours Faithfully
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