Appeal against POPLA Decision - what next?

Gilespfr · 10 January 2018 at 6:12PM

This is an excellent forum - I have felt very supported by having this community to refer to!

In fact this is my first post to it about a Parking Charge I received from UKPC in November. I was parked outside the marked lines (with a pay and display ticket) - but in a bay on its own well away from all the others. I appealed to POPLA after PCUK rejected my first appeal; the entry to the bay was slightly obscured by scaffolding but I shot myself in the foot, as I said many elderly folk use this car park, so thought I would use this bay. I lost the second appeal on grounds that their terms of business state that you have to park in the marked bay (if this is not possible, then should park in another bay!). It's such a crazy fine and the fact that it is £100, more than my earning for that visit to teach at University, it has made me want to dig my heals in!

It would seem that PCUK are registered on BPA's website. So as a legitimate private contractor, it would seem I have no choice but to pay the full amount.

Two questions; is this worth pursuing further and secondly, if I do pay, can I pay the orginal pre appeal amount of £60?

Thanks so much

Gilespfr

KeithP · 10 January 2018 at 6:17PM

Gilespfr wrote: »

...it would seem I have no choice but to pay the full amount.

Not sure how you came to that conclusion.

A PoPLA decision is not binding on the motorist.

The_Deep · 10 January 2018 at 6:24PM

So as a legitimate private contractor, it would seem I have no choice but to pay the full amount.

Of course you have, it is a scam, why pay them a penny.

If they were to take this to court, (and they can), they may well struggle to convince a judge that your minor breach, (perhaps de minimus) of their contract, has as so damaged them that they deserve a sum of more than a University lecturer earns for a session.

Ignore debt collects letters', threats, etc., and only come back if they issue a court claim.

Half_way · 10 January 2018 at 6:47PM

Paying them would be a stupid thing to do.

First of all, what was in your POP LA appeal/challenge, and did you use the information in the newbies thread before you sent the appeal/challenge off?

Secondly who's car park was this ?

Thirdly what was in your POPL appeal, what did the assessor say, and what was the assessors name?
All the above will help if you want assistance.

So....
Vehicle was parked in (location)
POPLA appeal/challenge said ( your appeal/challenge)
POPLA assessor said ( in the rejection)

You are not bound by whatever POPLA say

Redx · 10 January 2018 at 7:02PM

Gilespfr wrote: »

It would seem that PCUK are registered on BPA's website. So as a legitimate private contractor, it would seem I have no choice but to pay the full amount.

Two questions; is this worth pursuing further and secondly, if I do pay, can I pay the orginal pre appeal amount of £60?

Thanks so much

Gilespfr

you do not have to pay one penny unless a judge says so , in the small claims court (your local court) - until then you are under no obligation to do anything at all

POPLA is not binding on the motorist

the PPC has 6 years to issue a court claim using MCOL

not worth pursuing further UNLESS you receive a formal LBC or an MCOL in the post (within 6 years)

no , you can only pay whatever the amount due actually is , which is typically £100 but could be less , depending on what the NTK and the signage say

the reduced payment was only offered for early settlement , which is called a bribe

Coupon-mad · 11 January 2018 at 12:24AM

Search the forum for 'LOST POPLA' and after reading the results, show me how many posters here actually PAID after the insignificant matter of losing at POPLA?

None that I can recall.

It would seem that PCUK are registered on BPA's website. So as a legitimate private contractor, it would seem I have no choice but to pay the full amount.

You mean UKPC? And the word 'legitimate' almost in the same sentence?!

http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

http://forums.pepipoo.com/index.php?showtopic=63597

And that's why you want to shell out a 3 figure sum to? Think again, and read other POPLA lost threads.

Gilespfr · 16 January 2018 at 11:05PM

Thanks so much for your time on this - it is very much appreciated, it is the Robin Hood of forums!
You asked me the following questions;

1. Vehicle was parked in (location)
It was parked in a Salvation Army car park in High Wycombe - 'The Riverside' HP11 2HE, which UKPC seem to own / manage (poorly!)

2. POPLA appeal/challenge said ( your appeal/challenge)
There was considerable obstruction on the left hand side in front of the bay I reversed into and parked with the correct Pay and Display ticket used, making it impossible to park straight and still be able to get out again, by way of the scaffolding obstruction and other vehicles, making it difficult to get into this space in the first place. This bay is not really fit for purpose to demonstrate this point further, my vehicle was blocked in the bay when I returned for an extra 45 minutes, due to the obstruction on the left and a van parked within the bay (without a parking charge ticket being issued).

However, it was my mistake (should have read the forum first!) for saying there were other bays available, but I thought it would be good to use this one, as I know elderly people are regular users of this particular car park and would struggle with this bay, with the above-mentioned obstruction.

3. POPLA assessor said ( in the rejection)
They say it was correctly issued as my vehicle was outside the bay and have decided to reject my appeal i.e basis of 'considerable obstruction', they state there was enough room for me to park within the bay. Also they state the T&C were near enough to my car. Also they say by my own admission there were other bays available. They suggest that if the bay is not fit for purpose I should speak to the property management. Although this point is not relevant now as the scaffolding has been taken down!

4. You are not bound by whatever POPLA say
I would be keen to know my rights!

Thanks so much.

Giles

Gilespfr · 16 January 2018 at 11:09PM

Thanks Keith
I just want to know my rights here!

Giles

KeithP · 16 January 2018 at 11:09PM

Gilespfr wrote: »

I would be keen to know my rights!

You have the right to do nothing.

Sit and wait for up to six years to see if they decide to start court action.

Coupon-mad · 16 January 2018 at 11:12PM

You are not bound by whatever POPLA say
I would be keen to know my rights!

Well basically you are simply in the position everyone here used to be in before POPLA started making decisions around Christmas 2012. We all CHEERFULLY ignored fake PCNs from chancers like this, and now is no different if you've exhausted your chance to quash it at POPLA.

Nothing else has changed. Not a single regular poster here would pay this, nor would we tell a friend to pay!

Come back if UKPC try a small claim, which they might/might not; but we do win 99% (honestly) of fully-coached defended small claims on this forum where people stick around throughout. No risk of a CCJ as long as you don't ignore court directions/dates (even if you lost, no CCJ, no big deal).

Take a few more pictures if you can, just in case, and make a complaint to the local Trading Standards officer about his cash-cow 'space' that's impossible to park straight in.

And perhaps you might consider, while your anger is still simmering, writing to your MP to tell them about this intimidation.

This is a copy of a post by Bargepole:

"Some action at last:

http://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

This Private Member's Bill has Government and cross-party support, and stands a good chance of making it into statute.

The full text of the clauses will be published nearer the date of the second reading, but my sources tell me it's something we should support.

Now would be a good time to write to your MP urging them to support it."

and to Which?

http://forums.moneysavingexpert.com/showthread.php?t=5765579

and to your local Trading Standards...very important! (not Citizens Advice or a fob off Consumer 'helpline').

jakubjohn · 16 January 2018 at 11:31PM

Hi,

Please help, I'm not sure what else I can do!

Two and a half months ago I received a parking charge - that is it was apparently placed behind my wiper. Over a month later I received in the post information that I had received the parking charge for not paying the parking fee.

When I visited the car park in the first place there were no notice boards informing about any parking T&C. I spoke to anybody I met and nobody knew anything about any parking fees. Obviously I took no evidence of anything - I didn't suspect I had been fined!

When I received the letter informing about the fine, I appealed to PS24 and explained. Negative. Then I visited the car park again - just to check and... saw brand new notice boards. I explained this in my appeal to POPLA. PS24 produced an photo of my car with the new notice board - but suspiciously blurry. I do remember, when I visited the car park the first time, having to ask for information and even the way out - there were no signs whatsoever. Even the road marking are now changed!

Does anybody have any idea what I can do now? Is there any way of proving what really happened on the day of my first visit? I am so upset about their cheek that I am prepared to go to small claims court. Is it wise, you think?

Thank you for any advice.

J.

Appeal against POPLA Decision - what next?

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