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-centreThey 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----------------------------------------------------------