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parking eye>popla fine.

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Hi all,

Advice please...I parked on a parking eye site April, I paid for 3hrs parking stayed 2hrs 8mins so overpaid for parking but machine didn't issue a ticket and wouldn't give me my money back. At the time this happened to several other people and one lady told e she had paid at 2 machines and same thing happened. I stupidly figured they must be aware of machine faults and I would be fine seeing AS I PAID!!
Well no, they sent me a charge, I replied to explain what had happened (should have ignored it I know...now), they passed charge to popla and popla have now said they agree that I should have called them at the time to get a ticket and its my fault. I have to pay £85 by weekend or they will take me to court. As popla have sided with them my husband says I don't stand a chance in court and with court costs will cost me a fotune.

Am fuming at the injustice of it!! so many people never pay to park, I overpay and end up being forced into paying a god damn fine because their machine was faulty!. They insist all machines were working which is obviously crap but anytime I ask for cctv footage or tell them to count the money in the machine they reply with 'you didn't pay for parking' infuriating company!. I even contacted my local mp who wrote to parking eye on my behalf, they replied with 'she didn't pay for parking' bright sparks that they are!! I know I should just pay and accept that the world of parking eye isn't fair but god I hate them!! I want to take them to court!!!!! what should I do?
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Comments

  • Hovite_2
    Hovite_2 Posts: 749 Forumite
    edited 10 August 2013 at 7:26PM
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    Is your husband usually such a wally brain ? The purpose of small claims court is to keep costs to a minimum.

    Did you appeal to Parking Eye ?

    You should now ignore them until you get real court papers and if you do then come back here.
  • ashilda
    ashilda Posts: 18 Forumite
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    Yes I appealed to parking eye and to popla but as I have no proof I paid and popla have agreed with parking eye hubby (and everyone else tbh) thinks its time to give up the fight as its my word against theirs, as popla have sided with parking eye surely its likely court will too. £85 parking charge now or £85 + £27 popla fee + whatever court costs. I have no idea what court costs would be?
    I was told not to worry about the charge as they wouldnt take it further...they did, then told not to worry about popla as they mostly dont agree in parking eye favour...they did, I think it would be churlish of me to just assume I have a chance in court, gotta be realistic, whole situation makes me mad though!
  • surfboy1
    surfboy1 Posts: 345 Forumite
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    You do not pay the Popla fee!
    Please read around this forum, You paid to park , why on earth do you think you owe them any money?
    You owe the Landowner NOTHING as no Loss has occurred to the Landowner!
    Read as much as you can on this forum and the whole internet come to that !
    You say you have no proof that you paid. They also have no proof that you didn't pay either!
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    First Post Combo Breaker
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    Sorry to hear that.

    When you made your POPLA appeal, did you use any of our normal arguments (Signs, not pre-estimate of costs, excessive charge for contravention, no contract with landowner) or did you use a different tactic?

    It may not help you now, (but it might) but it will help us with others.

    Thanks.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
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    I would bet my house on the machines weren't working and that's it. You've just learned that popla is not about mitigation so it failed.

    This is a classic example on why popla doesn't work, how the hell are normal average people are supposed to know you practically need a law degree to successfully appeal to them ?

    Just stinks the whole popla farce
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • ashilda
    ashilda Posts: 18 Forumite
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    Hi all,

    I have read sooo much on this site and others but a lot of the information doesnt relate to my case or is conflicting, I did pay but have no proof so its a simple case of my word against theirs. A lot of info on here says just ignore it all....done that so far and will be taken to court which is something all the 'ignore it' camp say wont happen! I just wondered really if anyone else has had parking eye send the case to popla and had an unsuccessful from them? Think odds are not in my favour but I am loathe to back down when I am in the right!

    It actually says on latest parking eye letter....pay the £85 or we will take you to court and you will have to pay £85 + £27 popla fee + court costs!

    The appeal to popla was the same as the one I sent to parking eye, I paid but didnt get a ticket and wouldnt return money, I stated that I assumed I was covered as I had paid and machine was clearly faulty as same thing happened to other shoppers. Parking eye say they checked and no machines were faulty (yh right!) popla have sided with them saying i should have called them...there was only a payline number by machine, of course in the book of 'evidence' they sent to popla theres a huge sign with local number helpline, wondered how i missed it but its only on the way in not near machine, corrupt much!!

    going to court, not paying.
  • Hovite_2
    Hovite_2 Posts: 749 Forumite
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    A perfect example of a case that shows you should use procedural and contractual arguments at POPLA and not mitigating circumstances.

    Newbies - NEVER submit a POPLA appeal without assistance from people here.
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    First Anniversary First Post Combo Breaker
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    POPLA wont accept the law as appeal, it is a kangaroo court based on the law as written by the parking scammers themselves and it is very quickly getting dragged to heal like a little dog.
    Give it six months and everything will be stitched up.
    Be happy...;)
  • ashilda
    ashilda Posts: 18 Forumite
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    Thanks for replies but doesnt really help me now.... seems like theres a few experts on here so some help would be appreciates....basically, shall I pay the charge or risk court?
  • kirkbyinfurnesslad_2
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    ashilda wrote: »
    Thanks for replies but doesnt really help me now.... seems like theres a few experts on here so some help would be appreciates....basically, shall I pay the charge or risk court?


    That is your choice entirely, personally i would risk it
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
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