Popla appeal unsuccesful

AMC_1970

Hi, recently found this having appealed to POPLA who now say that my appeal was unsuccesful and I need to pay Parking Eye £85 within 14 days, any help would be gratefully accepted.

In short I visited a car park pre christmas first 45 minutes free, I stayed 1 hour and 2 mins and did not have a valid ticket as the ticket machine I tried to pay at was 'Out of Order'............ Do I now need to pay?

Thanks

AoD

No you don't but you need to be prepared for Court papers from Parking Eye.

Can you post your POPLA appeal so we can see what went wrong. Did you just state that the machine was out of order?

Fruitcake

AMC_1970 wrote: »

Hi, recently found this having appealed to POPLA who now say that my appeal was unsuccesful and I need to pay Parking Eye £85 within 14 days, any help would be gratefully accepted.

In short I visited a car park pre christmas first 45 minutes free, I stayed 1 hour and 2 mins and did not have a valid ticket as the ticket machine I tried to pay at was 'Out of Order'............ Do I now need to pay?

Thanks

You need to read the sticky thread for Newbies at the top of the page. It gives you all the information you need.

You have already been told in the answer to your post in another thread that you do not need to pay this charge

AMC_1970

Please find below...

Reasons for the Assessor’s Determination

At 13:51 on the 28th December 2013, a silver Volkswagen Passat with
registration mark was recorded exiting the St Peter’s Retail Park- 1
after a stay of 1 hour and 2 minutes. The car park is a 45 minute free stay car
park with tariffs applicable after the expiry of the free stay period. As the
appellant had parked in excess of the free stay period without purchasing
additional parking time, a parking charge notice was issued.

The appellant’s case is that when he visited the car park, he found that the
ticket machine was out of order and his only other option was to pay by
phone but he could not, as he did not have his phone with him. The appellant
additionally states that although the operator has provided evidence that a
machine was working, the machine he tried to use was out of order. The
appellant notes that the operator has failed to supply the necessary
equipment for purchasing a ticket.

Considering carefully all the evidence before me, the terms and conditions at
the site clearly state that tariffs apply after the 45 minute free stay period.
There is signage placed throughout the car park and therefore I am satisfied
that the terms and conditions were sufficiently brought to the attention of
those wishing to park. It is then the responsibility of the motorist to ensure that
they have read and parked in compliance with the terms and conditions.

Whilst I appreciate that the machine the appellant tried to use was not
working, the motorist is required to use one of the other available payment
methods in order to comply with the terms and conditions. The operator has
provided evidence to show that at least one of the payment machines on
site was accepting payments at the time the appellant was parked in the car
park. There is additionally a pay by phone option available at the site. If the
appellant was unable to purchase parking time using one of the available
methods on site, he should have sought alternative unrestricted parking or left
the site before the expiry of the free stay period. As a result of failing to
purchase additional parking time, the appellant was parked in breach of the
terms and conditions.

Accordingly, this appeal must be refused.

bod1467

Your advice is too late Fruitcake ... OP has already had a POPLA appeal heard (and lost).

OP - the NEWBIES thread also has a section on small claims court; I suggest you read it and get prepared in case you receive court papers.

stluke023

http://forums.pepipoo.com/index.php?showtopic=89805

this is what is going to happen

You have to get either PE to release their claim which is hard work
or you fight it in court

Fruitcake

bod1467 wrote: »

Your advice is too late Fruitcake ... OP has already had a POPLA appeal heard (and lost).

OP - the NEWBIES thread also has a section on small claims court; I suggest you read it and get prepared in case you receive court papers.

Sorry, speed reading whilst eating lunch is not my best skill. I have edited but you and AoD have already given better advice than mine.

HO87

Fruitcake wrote: »

You need to read the sticky thread for Newbies at the top of the page. It gives you all the information youu need. Come back here when you have prepatred your first appeal letter according to the template you will find in that sticky thread.

You have already been told in the answer to your post in another thread that you do not need to pay this charge

Er... they have already exhausted the appeals process - to PE themselves and then POPLA. There is no third appeals stage - well not with PE.

Straight choice I'm afraid. Pay up or ready yourself for possible court process. PE do not always issue letters before action (LBA's otherwise known as LBCCC) and so, although we can assist you with a robust response to such a letter we cannot guarantee to stop the process. Although PE are litigious they do not issue proceedings against every non-payer.

We can assist you with an equally robust defence package, should that occur, but you will need to be able to run with that yourself and it will involve a fair amount of reading and preparation so that you understand the legal issues that apply.

Entirely a matter for you.

stluke023

you have got grounds but proving the machine did not work is something else, signage one to work on

http://nebula.wsimg.com/c1bb0b94cb116c2b3d2d363f7dc74d30?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

Umkomaas

All appeal avenues have been exhausted as he lost his POPLA appeal (one, unfortunately based entirely on mitigation).

Only 2 options remain at this point:

1. Pay the charge (which no one is suggesting he should)
2. Wait to see what PE's next move is.

AMC_1970

Ok.......... Thanks to all seems like a valuable lesson learnt