POPLA - How long before notification **Won - PPC never submitted to POPLA**

[cd1992]

My scheduled date for me appeal to be considered was midweek last week, however I have not yet been notified of an outcome.

 

The parking operator hasn't submitted any evidence for the ticket either.

 

How long do I normally have to wait? and can the operator still submit their paperwork?

[ericsbrother]

POPLA are very busy but if the operator didnt offer any evidence your appeal will be successful by default.

As for the operator sending in evidence, you will have to see this beforehand and be given time to consider and if necessary rebut it so I dont think that is a likely scenario. Many PPC's dont bother defending appeals where GPEOL is the reason for appeal, they are hoping to get a decision in the Court of Appeal in feb 2015 in what will be a test case and then come out with all guns blazing if they win that. If they lose the appeal they are unlikley to be able to win a court case so will probably ignore POPLA altogether and it will wither on the vine. Their income stream will then depend on lies to and ignorance of the people issued with demands.

[cd1992]

They failed to submit any evidence therefore the appeal was found in my favour!

 

Shame the parking company could not have saved themselves the expense of the POPLA appeal and dealt with it properly the first time.

[ploddertom]

Have you had the letter confirming the outcome?

[cd1992]

Yes - I've had the official POPLA Decision Notice.

[ploddertom]

In that case I will edit your thread title to reflect this & add to the successes.

[cd1992]

Just to add, it was ParkingEye and the appeal was based on GPEOL and No contract due to poor signage.

[ericsbrother]

They are doing their best to save the rainforests by not using paper. In truth they are waiting for the outcone of PE v Beavis and if they win that one we will all get court summonses instead of POPLA codes.

[DragonFly1967]

They are doing their best to save the rainforests by not using paper. In truth they are waiting for the outcone of PE v Beavis and if they win that one we will all get court summonses instead of POPLA codes.

 

Won't they rather be shooting themselves in the foot there though EB? After all, the car park in question in the Beavis case is a rather peculiar set of circumstances. Unless ParkingLie are going to start renting all of the car parks they operate in.

[ericsbrother]

cant pre-empt what the findings will be but PE want to lump all of their contracts into the liquidated damages or commercial justification baskets so they dont have to explain themselves any more.

Until now, it has been difficult for them to win those arguments because the case law has always involved bilateral agreements signed by both parties who were business entities. Nowhere is there even a sniff of a consumer contract in the precedents so a judge will look at the "level playing field" for causation and find that absent. If PE get the result they want, they can invent any level of charge and add penalty clauses so you pay say another £100 if you lose your appeal to them just to dissuade you from appealing (currently and absolute no-no)