What two option? CAB are totally useless when it comes to dealing parking charges from unregulated private parking companies. As for paying? There is no obligation whatsoever. A POPLA decision has absolutely no bearing on any future action. The POPLA decision is not binding on you.
The signage comparison I showed you earlier in the thread, did you put something similar together for the appeal?
Did you attempt to contact the landowner, Flamborough Holidays Ltd to try and get the PCN cancelled? When you submitted your POPLA appeal, did you use the text box on their web form or did you upload it as a PDF file, fully formatted?
Anyway, so POPLA appeal was unsuccessful. The actual choices you now have depend on how badly aggrieved you feel. You can opt to pay it or continue to fight it.
If you want to continue to fight it, you have to be prepared for the possibility that it will be decided in the ultimate dispute resolution service, the small claims track in the county court. Only a judge can decide whether you owe Britannia a deb or not.
Just because a POPLA assessor cannot see the legal points, does not mean that a judge won't. The point is whether a valid contract existed between the driver and Britannia and if it was a valid contract, can the liability for that contract be transferred to the Keeper?
Is the landowner contract valid? We don't know because so much of it is redacted. We don't know what authority the people who signed it have as we don't know who they are and their positions within each company.
There is much more that can be argued and it wouldn't be decided by some anonymous "assessor" with very limited (if any) legal training that is funded by the very company they are supposed to be independent of. A judge is completely impartial.
Britannia and their ilk hope that you are low-hanging fruit on the gullible tree and will now capitulate because you are not aware of your options and rights. We know what your rights and options are.
If you decide to give up and pay, that's OK. It's your choice. If you feel the PCN was issued unfairly, then you fight. However, you should know what to expect and the likely cost if ultimately you are unsuccessful.
If you decide to fight, then you are going to receive a load of debt collector letters with charge inflated with a fake £70 fee. Debt collectors are to be ignored. They are not a party to the contract that the driver allegedly breached. They operate on a no-win, no-fee basis and are meant to try and scare you into paying. They can be safely ignored and they have absolutely no power to do anything.
Eventually, Britannia may decide to either give up or issue a claim in the county court. Even if they issue a claim, that does not mean that they will follow it though all the way to a hearing. They, like the debt collectors hope that once they have initiated litigation, you will capitulate and pay up.
If a claim is filed it will be for the £100 charge, £70 fake added damages, bit of interest at 8%/annum, £50 fixed legal fees and £35 court fee. So around £255. A lot of people baulk at this point out of fear of the idea that it may go to court and end up paying this amount. That is just about the stupidest move anyone can make because if it went to a hearing, even if they lost, most judges would not allow the fake added £70 not the interest. However, that is a worst case scenario.
If you were successful, you don't owe them a penny and you can claim up to £95 costs. Of course, as I mentioned, it may never get as far as a hearing. In many cases, they eventually discontinue once they realise that you are not the low-hanging fruit they thought they could pick and move on to other ripe pickings.
So, you have to decide what you want to do. Please don't even think about the CAB. They really are clueless when it comes to unregulated private parking companies.
