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  • FIRST POST
    • pemmo
    • By pemmo 30th Aug 17, 8:43 PM
    • 6Posts
    • 0Thanks
    pemmo
    POPLA Appeal Refused. Worth taking further?
    • #1
    • 30th Aug 17, 8:43 PM
    POPLA Appeal Refused. Worth taking further? 30th Aug 17 at 8:43 PM
    Hi. I was issued with a PCN from Premier Park following a stay in their carpark in Brixham back in May. Although we did purchase a ticket covering the full duration of our stay, my wife purchased the ticket and accidentally entered the registration number of her car rather than the one we were travelling in.

    I initially appealed to Premier Park who are a BPA member and when that failed, I appealed via POPLA.

    They rejected my appeal on the grounds that the incorrect reg was entered and so Premier Park couldn't determine whether we had paid, although if they had checked their camera records and payments made they would see that the a ticket was purchased for my wife car although it never entered the site. POPLA also quoted the obvious ParkingEye - vs - Beavis case as justification.

    BTW, I also have a photo of the ticket which I took at the time as a reminder of the expiry time and I sent this to them.

    My question is whether it is worth taking this further and risking a trip to small claims court?

    I had read about a counter case ParkingEye-vs-Cargius where it was successfully argued that the charge was invalid as it was a paid carpark not a free one as with the Beavis case, so I wonder whether this argument would work.

    Any help gratefully received.
Page 1
    • pemmo
    • By pemmo 30th Aug 17, 8:44 PM
    • 6 Posts
    • 0 Thanks
    pemmo
    • #2
    • 30th Aug 17, 8:44 PM
    • #2
    • 30th Aug 17, 8:44 PM
    BTW, we also spoke to Citizens Advice but they just said to pay up and then write to our MP!
    • Redx
    • By Redx 30th Aug 17, 9:13 PM
    • 16,570 Posts
    • 20,730 Thanks
    Redx
    • #3
    • 30th Aug 17, 9:13 PM
    • #3
    • 30th Aug 17, 9:13 PM
    CAB have no idea whatsoever , ignore them

    a good idea to complain to your MP and ask them to support the new private members bill going through parliament

    its your choice but no reason why you cannot leave it until you get an MCOL from Northampton CCBC and then argue it out in court, where hopefully a judge will find in your favour

    PP have 6 years to take this to civil court
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 31st Aug 17, 5:24 PM
    • 51,562 Posts
    • 65,178 Thanks
    Coupon-mad
    • #4
    • 31st Aug 17, 5:24 PM
    • #4
    • 31st Aug 17, 5:24 PM
    My question is whether it is worth taking this further and risking a trip to small claims court?
    It may never happen, but I would!

    PP are not prolific with claims:

    http://www.bmpa.eu/companydata/Premier_Park.html

    ... and this circumstance is one worth throwing into the DJ court lottery, should they try. The Beavis case can be fully distinguished in a defence, and in many ways it doesn't support/excuse their penalty.

    Think about it, if you'd not bothered to try POPLA, and instead ignored it, you would not be thinking about paying now. So don't. The only *risk* is losing at a hearing and being told to pay about £175, instead of £100. Not a huge risk and no CCJ even if the case was lost.

    And we win 99% of the time in small claims, when posters stick around and get assistance from defence right through to including WS and evidence, and at hearing stage.

    We feel the same as you, and it's why we regulars come back here for free, in our own time every day.

    Please also complain to your MP, now is the time to support the Bill going through Parliament:

    http://forums.moneysavingexpert.com/showthread.php?p=73050249#post73050249

    http://parking-prankster.blogspot.co.uk/2017/03/parliament-discuss-unfair-parking.html

    http://forums.moneysavingexpert.com/showthread.php?p=72971855#post72971855
    Last edited by Coupon-mad; 27-09-2017 at 8:11 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • pemmo
    • By pemmo 6th Sep 17, 7:36 PM
    • 6 Posts
    • 0 Thanks
    pemmo
    • #5
    • 6th Sep 17, 7:36 PM
    • #5
    • 6th Sep 17, 7:36 PM
    Thanks for the fast and helpful response. It sounds like I should fight it out. Certainly don't feel like we have done anything wrong and no loss on their part.
    • beamerguy
    • By beamerguy 6th Sep 17, 8:24 PM
    • 6,353 Posts
    • 8,159 Thanks
    beamerguy
    • #6
    • 6th Sep 17, 8:24 PM
    • #6
    • 6th Sep 17, 8:24 PM
    BTW, we also spoke to Citizens Advice but they just said to pay up and then write to our MP!
    Originally posted by pemmo
    THE CAB are as useless as a toothbrush with no bristles ?

    It seems of late that the CAB have been selling their used
    toothbrushes to POPLA

    For goodness sake don't POPLA understand about the
    Beavis case .... who on earth trains these defunct assessors ?
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Guys Dad
    • By Guys Dad 6th Sep 17, 9:18 PM
    • 10,204 Posts
    • 9,348 Thanks
    Guys Dad
    • #7
    • 6th Sep 17, 9:18 PM
    • #7
    • 6th Sep 17, 9:18 PM
    Thanks for the fast and helpful response. It sounds like I should fight it out. Certainly don't feel like we have done anything wrong and no loss on their part.
    Originally posted by pemmo
    You DID do wrong and that's why you get a ticket. Your wife entered the wrong registration number and got permission for another car to park there, not the one that actually parked. Try turning up at an airport with a ticket with your wife's name on it when it's you who is travelling.

    Putting that aside, I understand your frustration and the fact they have lost nothing. But do you really expect them to search through any pictures in order to lose their £100?

    No, I am with c-m and do nothing unless you get court papers. Then it becomes a lottery depending upon which judge you get. Your defence would be mitigation which some are sympathetic to, whilst others are not. PPCs never entertain mitigation.
    • nosferatu1001
    • By nosferatu1001 6th Sep 17, 10:45 PM
    • 869 Posts
    • 983 Thanks
    nosferatu1001
    • #8
    • 6th Sep 17, 10:45 PM
    • #8
    • 6th Sep 17, 10:45 PM
    No, the defence isn't mitigation. The defence is that entering the "wrong" VRM cannot possibly justify the charge.
    • Johnersh
    • By Johnersh 7th Sep 17, 12:10 AM
    • 658 Posts
    • 1,260 Thanks
    Johnersh
    • #9
    • 7th Sep 17, 12:10 AM
    • #9
    • 7th Sep 17, 12:10 AM
    Let's see what they plead:

    We suffered no financial or other losses at all nor did you overstay without paying but we'd like £100. That won't fly...
    • pemmo
    • By pemmo 26th Sep 17, 10:53 PM
    • 6 Posts
    • 0 Thanks
    pemmo
    Thanks for the responses. They have written me a follow-up letter asking again for the £100 and of course threatening the court action.

    Is it worth writing back at this stage do you think or simply wait until they take court action, if they do?
    • RobinofLoxley
    • By RobinofLoxley 27th Sep 17, 12:28 AM
    • 166 Posts
    • 275 Thanks
    RobinofLoxley
    Out of interest which car park in Brixham was this?
    • nosferatu1001
    • By nosferatu1001 27th Sep 17, 9:09 AM
    • 869 Posts
    • 983 Thanks
    nosferatu1001
    How did they "threaten"/?

    Did they say we WILL take you to court in X days if you dont pay?
    Or did they say we MIGHT think about possibly considering, in the fullness of time, giving court a go?

    The former needs a response, the latter is yawn inducing.
    • pemmo
    • By pemmo 27th Sep 17, 7:24 PM
    • 6 Posts
    • 0 Thanks
    pemmo
    Hi, it was Brixham Marina Car Park
    • pemmo
    • By pemmo 27th Sep 17, 7:27 PM
    • 6 Posts
    • 0 Thanks
    pemmo
    They said "If we do not receive payment by this date, we will seek to recover the monies owed to us via our Debt Recovery Service and may then instruct our Solicitor to commence court proceeding against you and additional costs may be incurred. The decision of the independent adjudicator will form part of our case in these proceedings.

    Please note that if you are liable for this charge and the court orders you to pay the parking charge, a county court judgement against you could seriously affect your ability to obtain credit in future"
    • KeithP
    • By KeithP 27th Sep 17, 7:46 PM
    • 4,517 Posts
    • 2,848 Thanks
    KeithP
    As nosferatu1001 said - yawn inducing.
    Last edited by KeithP; 27-09-2017 at 7:50 PM.
    .
    • Coupon-mad
    • By Coupon-mad 27th Sep 17, 8:11 PM
    • 51,562 Posts
    • 65,178 Thanks
    Coupon-mad
    You know already to ignore that rubbish, it's all been said already.

    It may never happen, but I would!

    PP are not prolific with claims:

    http://www.bmpa.eu/companydata/Premier_Park.html

    ... and this circumstance is one worth throwing into the DJ court lottery, should they try. The Beavis case can be fully distinguished in a defence, and in many ways it doesn't support/excuse their penalty.

    Think about it, if you'd not bothered to try POPLA, and instead ignored it, you would not be thinking about paying now. So don't. The only *risk* is losing at a hearing and being told to pay about £175, instead of £100. Not a huge risk and no CCJ even if the case was lost.

    And we win 99% of the time in small claims, when posters stick around and get assistance from defence right through to including WS and evidence, and at hearing stage.

    We feel the same as you, and it's why we regulars come back here for free, in our own time every day.

    Please also complain to your MP, now is the time to support the Bill going through Parliament:

    http://forums.moneysavingexpert.com/showthread.php?p=73050249#post73050249

    http://parking-prankster.blogspot.co.uk/2017/03/parliament-discuss-unfair-parking.html

    http://forums.moneysavingexpert.com/showthread.php?p=72971855#post72971855
    Originally posted by Coupon-mad

    What did your MP say about the scam? Or Kevin Foster MP at Torbay, who started this discussion:

    https://hansard.parliament.uk/commons/2017-03-21/debates/382789C8-0168-4C4B-8260-0540AF83C7D3/DVLAAndPrivateCarParkingCompanies

    He named and shamed Premier Park, and should hear about your distress, to add weight to the Bill going through Parliament.
    Last edited by Coupon-mad; 27-09-2017 at 8:14 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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