POPLA appeal rejected

Essingeviken

Hi,

I paid for 3 hours parking, returned after 2 hours to find a ticket in the process of being written. The reason was that I had omitted to complete the vehicle registration number as required.

My argumentation to POPLA was based on the poor signage. None of the large car park signs detailed this requirement...these large signs only gave the car park charges. The requirement was detailed in small writing on the machine itself which, having read through the large signs to find the charge, wasn't read by myself. I also pointed out to POPLA that the machine could have been designed in such a way to make it impossible for the ticket to be printed unless the registration number had been entered. Instead, the machine just prints out the ticket anyway, with a default reference number.

The parking company said that the reason for the ticket was that it was potentially a transferred ticket.

The POPLA decision basically said that ignored the sign and therefore didn't meet the conditions of the car park. The parking notice is for the sum of 100 pounds.

Although I am happy for the case to go to court...where I will use additional arguments, I am wondering about making an offer for settlement without any admission of liability. My concern is that IF they decide to risk a court case and IF they win, my total costs may well be in excess of 100 pounds. My offer for settlement would be a lot less than this.

Any thoughts, advice suggestions would be appreciated.

The_Slithy_Tove

There are far stronger POPLA-winning appeal points, but too late now.

DO NOT offer PE a penny. You have paid (more than) enough to them. Their losses are zero. If they do send you a LBC or court claim, you have a strong case and should see this scum off.

Essingeviken

There are far stronger POPLA-winning appeal points, but too late now.

Yes, I realise that now, but I hadnt discovered this forum and made the mistake of thinking that I was dealing with reasonable people.

martmonk

so their argument here is that 'we took your money, and provided a ticket with a reference number on it, but that reference number isn't your reg number so we think you could have been passed this ticket by another car park user'.

Unbelievable

I don't know that it would get you anywhere but if it does get to court you could maybe ask for details of other tickets issued for that location on that day where the alledged offence was no payment made. If there isn't another example then there is no way you could have been passed a ticket by AN Other.

Having written that it sounds a bit daft but I think you'll get the drift

nigelbb

Was the PPC in fact ParkingEye? We tend to jump to the conclusion that it is as they are by far the most frequently reported PPC on this forum.

Essingeviken

so their argument here is that 'we took your money, and provided a ticket with a reference number on it, but that reference number isn't your reg number so we think you could have been passed this ticket by another car park user'.

That is the argument yes. Given that I met the woman putting the ticket on after 2 of the 3 hours, I am supposed to have bought the ticket from someone else, stuck it on my windscreen and then left one hour before the 3 hour expiry. The chances of this are virtually non existent.

As I walked around the park, there were many other people who had the same references in the place where their reg numbers should be. No one reads the small print on the machine. By the admission of the parking company themselves, there are very few machines of this type in Cornwall.

Essingeviken

The PPC was not Parking Eye.

spacey2012

As long as you keep that receipt safe and sound they do not have a court case, in fact you do for harassment.
I would be preying for them to take me to court, an easy few quid in a counter-claim.
You paid, you can prove this, what possible loss can they have.
As for POPLA, well they do not accept the truth as an excuse.

I would love to see them explain to a judge you owe them all this money because some parking machine they bought from a KGB skip sale did not print the registration on but a reference numbers instead.

Essingeviken

Yes, I still have the parking ticket and I had also thought about the possibility of harassment.

I was very disappointed with POPLA because if you look at their track record, they have been reasonably fair in the adjudication between defendants and companies, but to me this is a clear cut case.

bod1467

Interesting case though - a (seemingly) single point POPLA appeal that has failed. This suggests that a bad signage appeal will fail. However, did you actually appeal on the basis of "bad signage", or did you appeal on the basis of "signage not compliant with BPA code of practice"?

PS - can you post a redacted copy of the POPLA appeal to https://forums.moneysavingexpert.com/discussion/4488337 please?

4consumerrights

Essingeviken wrote: »

The PPC was not Parking Eye.

Which parking company is it then? (The reason for asking is that many of the smaller companies do not do court)

Remember the POPLA decision is only binding on the parking company and you are under no obligation to pay - they need a court decision first.

I would take photographs of all the signage (were there any at entrance?.
From what you say, the signs clearly breach BPA CoP regarding signage and I would report the company to : David Metcalf, Operations Manager, British Parking Association: email:[EMAIL="david.m@britishparking.co.uk"]david.m@britishparking.co.uk[/EMAIL]

You should also now write a strongly worded letter to the retailer and landlowner complaining that it its disgraceful treatment of a customer who paid for more time than required to be pursued for this alleged debt when no terms were made clear therefore making the contrract unenforceable. The retailer and/or landowner have the power to order the parking company to cancel the charge - do not take no for an answer. (It helps if you still have receipts and bank statements to validate (omitting personal info and account numbers)