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POPLA unsuccessful, what now?

So got my POPLA decision today and was unsuccessful also im still waiting for reply from Parking Eye on other PCN, appeal was made on 21.04 and still no answer from Parking Eye. What to do now? I did send them a letter but no answer.
POPLA decision
DecisionUnsuccessful
Assessor NameEsther Sargeant
Assessor summary of operator case
The operator issued a Parking Charge Notice (PCN) because the motorist did not gain the appropriate permit or authorisation.

Assessor summary of your case
The appellant states every time they enter the car park, they have to enter the vehicle registration into the system inside the building in order to park free of charge. The appellant states the system was not working for two weeks, so they were unable to enter their vehicle registration. The appellant states one of their parking charges has been cancelled.

Assessor supporting rational for decision
The terms and conditions of the site state: “Permit Holders Only…Cambridge House & Sovereign House visitors must enter their full, correct vehicle registration into the terminal at Cambridge House or Sovereign House lobby to obtain a 4 hour parking permit…Failure to comply with the terms & conditions will result in a Parking Charge of: £100”. The operator issued the PCN to vehicle registration DA63 RGV because the motorist did not gain the appropriate permit or authorisation. The site operates Automatic Number Plate Recognition cameras. The cameras captured the appellant entering the site at 17:02, exiting at 18:44 on 6 April 2017; the period of stay was one hour and 42 minutes. The appellant states every time they enter the car park, they have to enter the vehicle registration into the system inside the building in order to park free of charge. The appellant states the system was not working for two weeks, so they were unable to enter their vehicle registration. The appellant states one of their parking charges has been cancelled. Though I note one of the parking charges has been cancelled by the operator, I am unable to consider this when making my assessment. It is under the operator’s discretion whether to cancel a PCN. POPLA only assesses individual parking charges and does not compare parking events or PCNs. Section 19.3 of the British Parking Association Code of Practice states: “If the driver breaks the contract, for example by not paying the tariff fee or by staying longer than the time paid…they may be liable for parking charges”. Though I acknowledge that the system was not working, the appellant’s grounds show they were aware of this at the time and therefore, were aware they could not meet the parking requirements. However, the motorist still chose to park their vehicle at the site. I note the signage indicates that there are two systems available at the site; one in Cambridge House and one in Sovereign House. If the motorist was unable to access the other system to register their vehicle, it is reasonable to expect the motorist not to park at the site until the time that they were able to comply with the terms and conditions. The operator has provided a system printout to evidence the vehicle was not registered on the date of the event. As such, the vehicle was not authorised to park at the site. When deciding to park, it is the motorist’s responsibility to be aware of the terms and conditions of the car park and comply with these. On this occasion, the motorist failed to adhere to these by not gaining the appropriate permit or authorisation. As such, I am satisfied that the PCN has been issued correctly. Accordingly, I must refuse the appeal.

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Comments

  • Computersaysno
    Computersaysno Posts: 1,222 Forumite
    First Anniversary Combo Breaker First Post
    Await further papers from PE......come back here if it gets to them issuing court papers.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    POPLA Assessor Name Esther Sargeant

    "If the motorist was unable to access the other system to register their vehicle, it is reasonable to expect the motorist not to park at the site until the time that they were able to comply with the terms and conditions. The operator has provided a system printout to evidence the vehicle was not registered on the date of the event."

    The machine was not working ???
    In all good faith you tried but THE MACHINE WAS BROKEN ???

    A broken machine is not your responsibility

    It is reasonable to expect that POPLA have an ounce of sense, this assessor did not and along with other assessors of POPLA, their decision is overturned in court by a real judge ?

    What is the point of POPLA , it's just a game for them and they
    have become akin to the IPC which truly is a kangaroo court.

    So, it now seems we have two kangaroo courts operating
  • Coupon-mad
    Coupon-mad Posts: 131,605 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Though I acknowledge that the system was not working, the appellant’s grounds show they were aware of this at the time and therefore, were aware they could not meet the parking requirements. However, the motorist still chose to park their vehicle at the site.

    Wow. What on earth were you meant to do then?! Can you get evidence of how many times the terminals had faults?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Cool so i wait for court papers from PE, ok but what about my other PCN, appeal was made on 21.04, how they have to make any desicion? Its over 2 months now, emails, letters and no reply from PE ������
  • Coupon-mad
    Coupon-mad Posts: 131,605 Forumite
    Name Dropper First Post Photogenic First Anniversary
    They should have replied within 35 days.

    I would email them a formal complaint, and the landowner/site agents as well:

    enforcement@parkingeye.co.uk

    ...and point out you are going to report them to the BPA and Trading Standards for pursuing you when the machines were not functioning, and for not responding to an appeal and not cancelling the PCNs, even though they know the machine was broken.

    This is clearly their fault, not the driver's fault, and a resident or visitor can hardly disappear and ''not park'' - it's not a choice if you live there or have legitimate business to visit a resident! This is clearly a case of a frustration of contract, and not a situation where a consumer can be subject to a charge, having made 'reasonable endeavours' to find a machine that was working.

    Tell ParkingEye to cancel the PCNs, not to farm them to their 'Equita' arm to harass you, and if they think they have a case re the first PCN they must issue a LBCCC and proceed to court to determine the matter fairly, which POPLA clearly did not. But it's clear that both PCNs should be cancelled, and you give PE a chance to do so, within 14 days, before you report their conduct to the BPA and to Trading Standards.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Can somone help me with writing letter to Parking Eye please, just need to put this words wright. Any help will be very appreciate Thank you
  • Half_way
    Half_way Posts: 7,053 Forumite
    First Anniversary Name Dropper First Post
    have you complained/contacted the place where you parked and told them to cancel their agents parking charge?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • I did contact Parking Eye no reply on emails or letters, contacted landowner and they said this is between me and PE
  • Half_way
    Half_way Posts: 7,053 Forumite
    First Anniversary Name Dropper First Post
    Put your complaint on here, you need to go back to the landowner and tell them they are jointly liable for the actions of their agents, parking eye.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Half_way
    Half_way Posts: 7,053 Forumite
    First Anniversary Name Dropper First Post
    Put your complaint on here, you need to go back to the landowner and tell them they are jointly liable for the actions of their agents, parking eye.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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