Author Topic: POPLA is about to fail and here are the reasons why  (Read 3248 times)

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Offline The Bald Eagle

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POPLA is about to fail and here are the reasons why
« on: 02 August, 2013, 04:19:25 PM »
This is only my opinion. I would be interested in your thoughts.

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Parking Eye Ltd and the other operators in the Approved Operator Scheme (AOS) have taken to issuing claims in the Claims Production Centre (CPC) in Northampton. They are starting to flood the courts with these claims.

http://www.justice.gov.uk/courts/northampton-bulk-centre

They get to issue them at only 15 quid a pop (see 1.2(a) here http://www.legislation.gov.uk/uksi/2011/586/made ) and it is a simple on-line form filling exercise, so no need to involve expensive lawyers.

If a defence is received, the County Court Bulk Centre (CCBC) then transfer it to the appropriate local (to the driver) county court for a trial.

However, you can bet your bottom dollar that if the defense has any merit whatsoever, the PPC will simply discontinue the proceedings having lost only 15 quid and a small amount of admin costs.

Effectively they are playing the numbers game.

What is interesting is it that appears that an increasing number of PPCs are now refusing to comply with the BPA's Code of Practice (CoP) where they are not giving motorists a POPLA code when asked for it. This is because administration of the POPLA scheme is proving to be hugely expensive, and any POPLA judgment in favour of the PPC does not guarantee that drivers will pay up, which would mean taking them to court in any event.

This puts the PPC and the BPA Ltd into direct conflict with the DVLA, because the DVLA has only provided access to its database on the basis of strict adherence by AOS members to the BPA Ltd's CoP.

It would appear that AOS members like Parking Eye have realised that POPLA is proving to be a hugely expensive waste of time and are therefore ignoring the CoP and going straight to court, using the aforesaid procedure.

If this proves to be the case and Norman Baker MP finds out, it is going to be very difficult for him to continue to sanction POPLA, or any of the BPA Ltd's members under the AOS.

Therefore, bye bye POPLA, and possibly bye bye to the BPA Ltd.

I believe we will have our answer by 1st October 2013 in any event, because this is the date by which the BPA Ltd must hand POPLA over to an Independent Board of Trustees for administration. However, that can't possibly happen until they have a signed contract in place. See below re that particular problem.

http://notomob.co.uk/discussions/index.php/topic,2909.msg22482.html#msg22482

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Offline DastardlyDick

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Re: POPLA is about to fail and here are the reasons why
« Reply #1 on: 02 August, 2013, 08:04:59 PM »
I thought that the whole idea - as presented by the BPA Ltd - was that having POPLA would prevent the Courts being overloaded with Parking Dispute Cases. Less than a year later, we have Parking Disputes threatening to do exactly that.



« Last Edit: 02 August, 2013, 08:24:58 PM by DastardlyDick »

Offline dangerous beanz

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Re: POPLA is about to fail and here are the reasons why
« Reply #2 on: 02 August, 2013, 08:42:33 PM »
Assuming the BPA and popla go pooofff, that would stop the  DVLA  handing out keepers details wouldn't it?
If there is a tourist season...how come we can't shoot them?

Offline DastardlyDick

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Re: POPLA is about to fail and here are the reasons why
« Reply #3 on: 02 August, 2013, 10:27:37 PM »
Assuming the BPA and popla go pooofff, that would stop the  DVLA  handing out keepers details wouldn't it?

Not if this rumoured new Approved Trade Association actually becomes a reality - they'll just replace the BPA and their Code of Practice.

Offline Ewan Hoosami

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Re: POPLA is about to fail and here are the reasons why
« Reply #4 on: 03 August, 2013, 05:27:03 AM »
They can probably get around the contract issue. Nick Liar and Horrible Henry can cobble together a witness statement between themselves in a meeting that never happened. They can then pass POPLA over to Robert Mugabe which will instantly increase it's plausibility.

Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

 


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