Need Help with post POPLA Appeal **Lost**

[1sgbud]

I was given a parking notice by Civil Enforcement Ltd. The parking lot had one hour limit for parking. I was there for 1 hour an 15 minutes approx. I was doing work for one of the shops, window cleaning and wall cleaning. I informed Civil Enforcement why I was there and they said that it did not matter and would not accept my appeal. I made my appeal to POPLA and the points I used were that if there is a requirement for me to register my vehicle to work from the parking lot, that is a Term and Condition of my staying and since that was not on the sign and not part of the Terms and conditions that I entered on then the parking was not properly signed. I also noted that I moved my van after I finished the windows to another spot in the back because I still had to do the walls inside. Civil enforcement has said in their appeal response that they can not monitor movement inside the parking lot and the sign does not specify that a vehicle must leave the parking lot and reenter to be consider reparking.

 

Civil enforcement made a 15 page response to my appeal of which 11 paragraphs actually pertained to my appeal. They made appeal points that I did not even submit. When POPLA made their opinion, they addressed what Civil Enforcement said my appeal points were and not what I actually submitted. I challenged this and wanted the qualifications of the assessor to make a legal opinion and they refused to supply the information. I said that they should audit this case and again they refused. They said I had no choice at this point but to pay the ticket (that is POPLA saying this). I also made not that all the funding from POPLA comes from these companies that issue the tickets.

 

So that is where I am at. I think I would like to take this to court, Don't know how to get that started, or if there may be some better advice out there.

[ploddertom]

Welcome to CAG.

 

There will be others well versed in this along later, for the time being I will slightly alter your thread title so this will stick out for them.

[Ell-enn]

You should really have appealed on the basis of CE being unable to prove a genuine pre estimate of loss (in other words what they wanted you to pay bears no relation to their actual losses incurred by you parking there, which is of course Zero)

[armadillo71]

You don't take it to court, CEL may do...

 

You do not have to pay just because POPLA say you should.

 

Is the car park owned by the shop you were working on?

[ericsbrother]

Ok, losing at POOPLA just means that the parking co can continue to chase you, it does not mean they are right in the law to do so.

Ther are valid points you raised but what constitutes a breach of contract is very subjective, you wont get 2 lawyers agreeing and it is often used for law exam questions.

What to do next? well, CEL will be back in touch asking for their pound of fleash so when they do you will need to raise a coupl of other questions and say that you will consider their request once they have satisfied these points. You then ask for sight odf the contract between the landowner and CEL that entitles then to create contracts with servants of the occupiers of the property and to make claims for breach of contract in their own name that overrides the contract formed between yourself and the occupier of the premises you were at. They will not give you this information because they will understand that to do so will sink their claim. this means that they will lose any claim they make against you in the courts as they will have acted in bad faith and that is treated the same as telling lies when it comes to evidentail matters.

When you ahve ha this initial contact from CEL and responded as suggested then I expect you will instead get a series of threatening letters from one of the tame debt collection agencies. These can be ignored. However, CEL are particularly pig headed so they may initiate legal action against you which you must defend to defeat them. When they get your response to their claim they normally drop the matter straight away as they have been rumbled.

Come back to this thread when you get your next letter from CEL and we will give you the wording to send to them denying any liability to them.

[1sgbud]

Just a quick note CEL has not gotten a hold of me at all

[f16]

Follow post # 5 "ericsbrother"