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Any advice gratefully received. I have just lost my appeal with POPLA but wondered if anyone can advise what my next step is as I am still very reluctant to pay the fine. Is it a matter of waiting for further demands from Civil Enforcement and seeing if they take me to a small claims court? In the meantime, I've written to the local newspaper (no reply), the council (I'm trying to find out who owns the land), BPA (don't want to know) and Watchdog! Quick background - I called the telephone number to pay for parking 0141 404 0000 as I intended to park for the day. Apparently I only 'registered' my vehicle and this is not the same as paying, even though I gave my credit card details. I received a text acknowledging my vehicle but as I have never used this car park before, I was unaware that the text I received wasn't the text I needed. POPLA say if I was 'unsure' that I had paid for parking I should have called the number again - but I wasn't unsure - I was very sure I had paid (and the incorrect text reassured me all was well). I live overseas and so didn't see for a long time afterwards that my credit card had never been charged the £4.50 parking fee. I don't know if this argument would stand up at a court. Civil Enforcement asked POPLA to reject my appeal in line with 5 similar cases (and quoted POPLA reference numbers), so I know I am not the only person being caught out this way. Should I just pay up?
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Re: Civil Enforcement Ltd - Polegate High St
Hi and Welcome.
Well I wouldn't pay up.
Wait for court papers (if they bother), acknowledge receipt and come back here for guidance to dispute the claim. -
Re: Civil Enforcement Ltd - Polegate High St
Agree with Des.
Wasted popla code
I'm guessing you just appealed pretty much the same as you wrote. An appeal such as http://www.legalbeagles.info/forums/...104#post410104 wins 100% as far as i'm aware http://www.legalbeagles.info/forums/...586#post420586
I would keep all paperwork that you have and get pics/video in case you need it. Essentially it's either pay or see if they go to court.
M1Comment
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Re: Civil Enforcement Ltd - Polegate High St
Gutted that you think I wasted my POPLA code - wish I'd found this site beforehand. I'll come back and get advice if I hear more. I'm guessing that I will receive a summons as they know I live abroad and will presume that I won't pay for a flight to attend court to fight this. Thanks again for your feedback.Comment
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Re: Civil Enforcement Ltd - Polegate High St
You could ask for a telephone hearing
Be interesting to see if they do go to court as it's not quite as easy to serve a claim in a foreign land.
M1Comment
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Re: Civil Enforcement Ltd - Polegate High St
And if by chance you got HHJ Moloney how would they collect their winnings from ?Originally posted by mystery1 View PostYou could ask for a telephone hearing
Be interesting to see if they do go to court as it's not quite as easy to serve a claim in a foreign land.
M1
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This is still happening!!
I now have my court summons and the reason is exactly the same as given by Eastbourne!
I even sent a screenshot to prove that I had registered as I spent 4 minutes to their number entering the details.
I cannot believe they are still intimidating people in this way.
Did you resolve it Eastbourne????Comment
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I’m sorry that I can’t help you because fortunately (for me!) I never received a court summons. I can believe that it’s still happening though. I have never parked there since! I obviously haven’t looked into this for many years but I am sure there was advice on this site how to fight the fine. GOOD LUCK.Comment
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Rather than worrying about Eastbourne have you acknowledged the claim.and do you intend defending it.
If you need assistance please post up particulars of claim (first removing all identifying details) and if feasible a photo of the signs at the car park.
Somebody or other will be along to guide youComment
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I have acknowledged the claim. I will defend it, I am happy to pay the parking fee so have agreed to pay that part but feel the fine is out of all proportion.
I am filing a counter claim of the exact amount they are claiming for intimidation and anxiety and a further £1000 in the event that I lose a day's pay to attend court.
The only proof I have is a screen shot of my 4 minute phone call to the Pay by Phone number in Glasgow. I put in all my details and, having not used it before, thought that this meant that the fee would be deducted.
I appealed directly and it was summarily dismissed; they claimed the payment was not made. They made no mention of my phone cost.
I spent some time trying to find out who owned the land; train station or council, but found it was privately owned.
I appealed to the managers of the land Austin Rees, who said they would look into it but never did.
In the meantime I have been threatened in increasingly intimidating letters from a claims collector, solicitors and then back to Creative who have now taken me to court.
The car park was empty, it was a Sunday and there was no other means of paying than by phone.
They have threatened me with a CCJ if I do not pay, but I am going to court if necessary to defend it. I have not come this far to just pay up now. The original parking fee was £4.50 and the fine was £60 if paid immediately, escalating to £100 then £200 etc. Now the cost is over £300!!!
I just imagine if I was an elderly person; how frightening? This bullying practice must be stopped.Comment
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Have you actually filed a defence and counterclaim already?Comment
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