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  • FIRST POST
    • Azure6
    • By Azure6 6th Jul 18, 9:50 AM
    • 13Posts
    • 1Thanks
    Azure6
    PLEASE HELP - POPLA appeal rejected - Minster Baywatch
    • #1
    • 6th Jul 18, 9:50 AM
    PLEASE HELP - POPLA appeal rejected - Minster Baywatch 6th Jul 18 at 9:50 AM
    Dear reader,

    I have followed the NEWBIE thread after receiving a postal PCN from Minster Baywatch for not paying for a ticket. The signage was unclear.
    Site: Mecca Bingo, Oldham.

    I proceeded through the various stages and then submitted POPLA appeal and then rebutted evidence however yesterday POPLA rejected my appeal - they are saying signage was clear and 100 is reasonable based on Beavis case.

    They now want me to pay 100 pounds. I am incredibly disheartened as I have invested considerable time and effort into this with the help of this forum of course.
    I genuinely believed in my case and feel the signage is so unclear with font size illegible.

    What shall I do now? I am afraid of further court fees and feel Minster Baywatch have the upper hand as they have won POPLA appeal.

    Please help.
    Thank you
Page 2
    • Umkomaas
    • By Umkomaas 7th Jul 18, 2:18 PM
    • 18,385 Posts
    • 29,106 Thanks
    Umkomaas
    I notice no GPEOL is where POPLA appeals have been won the most - does this mean we should not use GPEOL now? (I did mention amount being punitive too)
    Thank you
    Originally posted by Azure6
    You won't spot many dated after November 2015 - the month The Supreme Court kicked GPEOL into the long night in the PE v Barry Beavis case.

    While in a legal context it's not utterly dead and buried, the very mention of it in a current POPLA appeal sees the assessor, like a Pavlovian dog, reach for the 'Beavis button' on their computer and out shoots a rejection and the template crud that the '85 charge is in the region of 100'.

    Well, 100 is actually 17.65% higher than 85, and I for one don't think that 17.65% difference is 'in the region of' anything.

    Appalling bias displayed by POPLA in so shamelessly misinterpreting The Supreme Court Judgment in favour of the parking companies and obviously so weighted against the consumer. This is no impartial Ombudsman service!
    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.
    • Azure6
    • By Azure6 7th Jul 18, 2:44 PM
    • 13 Posts
    • 1 Thanks
    Azure6
    Thank you - that's cleared that up for me.
    Forgive me if i sound foolish ( I am a total novice to all this):

    1) As the Beavis case is being referenced to so much should POPLA (maybe they do) not have records of which PPC matches the Beavis case details - e.g signage similar criteria and income situation similar?
    Only because I know a kind person has posted about the income being different for Minster Baywatch and Beavis - and i thought would it not be fair/right for POPLA to have this information to assess against? (I have no idea if they do)

    2) Second - if I've lost at POPLA what gives me any chance at winning in small claims court?

    3) Thirdly - these debt collector letters I should be expecting - will the 100 fine be honoured or will they add other charges to that - which i would have to pay if SCC lost?

    Thank you kindly in advance
    Im ever so grateful for all your help - Im out my depth here
    • Quentin
    • By Quentin 7th Jul 18, 2:58 PM
    • 36,345 Posts
    • 20,591 Thanks
    Quentin
    Debt collector letters should just be ignored. Irrespective of how much they ask for!

    See all the successful wins reported here from Court hearings

    (A Court hearing doesn't necessarily follow a popla appeal!)
    • Umkomaas
    • By Umkomaas 7th Jul 18, 3:05 PM
    • 18,385 Posts
    • 29,106 Thanks
    Umkomaas
    1. No idea. It doesn't change anything in your case. Nothing totally predictable with POPLA.

    2. Well, they might not issue court proceedings. If they do, a strong defence will assist. Litigation is always risky - for both sides.

    3. It's not a 'fine'! Debt collectors always add their (no collection, no fee) 60 to the 100 original charge. But no one in their right mind would pay a debt crawler. If it went to court and you lost, the cost (everything included) would amount to little more than ~175.

    Don't feel out of your depth, you will quickly get the hang of this, especially if you don't restrict yourself to just your own thread. Read around some of the others each day on the forum. All adds to your knowledge and understanding - and confidence.
    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.
    • Azure6
    • By Azure6 7th Jul 18, 5:12 PM
    • 13 Posts
    • 1 Thanks
    Azure6
    Thank you so much everyone!!
    • Coupon-mad
    • By Coupon-mad 7th Jul 18, 7:22 PM
    • 59,521 Posts
    • 72,694 Thanks
    Coupon-mad
    should POPLA (maybe they do) not have records of which PPC matches the Beavis case details - e.g signage similar criteria and income situation similar?
    Don't be daft. No cases are like the Beavis case and the income made no difference.
    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.

    • Azure6
    • By Azure6 12th Jul 18, 1:01 PM
    • 13 Posts
    • 1 Thanks
    Azure6
    If no case is like the Beavis case then how are POPLA able to reference the Beavis case in appeal rejections?
    Thank you
    • beamerguy
    • By beamerguy 12th Jul 18, 1:26 PM
    • 7,802 Posts
    • 10,378 Thanks
    beamerguy
    If no case is like the Beavis case then how are POPLA able to reference the Beavis case in appeal rejections?
    Thank you
    Originally posted by Azure6
    In a nutshell, nowadays POPLA don't have a clue
    what they are doing.

    POPLA clearly don't understand the difference between
    the Beavis case and all the others.
    POPLA also cannot understand the problems with ANPR

    All in all, a useless bunch, they are just a bi product of
    the BPA in disgrace

    If motorists are to deal with morons, at least make
    sure the morons are intelligent
    Last edited by beamerguy; 12-07-2018 at 1:39 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • nosferatu1001
    • By nosferatu1001 12th Jul 18, 1:50 PM
    • 2,851 Posts
    • 3,546 Thanks
    nosferatu1001
    If no case is like the Beavis case then how are POPLA able to reference the Beavis case in appeal rejections?
    Thank you
    Originally posted by Azure6
    Because theyve been told to do so. Theyre no longer legally trained, and seem barely trained.
    • Coupon-mad
    • By Coupon-mad 12th Jul 18, 2:42 PM
    • 59,521 Posts
    • 72,694 Thanks
    Coupon-mad
    Yep, because they were spoon fed some words by the BPA.

    If an appellant dares to mention 'no loss' even in the completely different context of a pay & display car park, POPLA come crashing in with a 'Beavis case kills your argument' trashy template.
    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.

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