HELP...have I been an honest fool DRAFT POPLA just added for checking :)

andrewf_2

Hi all



Having had prior success with our local council over parking issues in the past by speaking to them via letter in a normal manner and actually discussing what happened and them been polite helpful people in the naivety of believing all could be like this we recently replied to aletter for the usual sums for failing to pay for a parking stay.

I am now concerned that things have been mucked up as they have flatly refused to accept the case.

In short we somewhere new for the first time not knowing we would have to pay.

No cash but great they let you pay online. During the day though we lost the weblink and when we got the info it was a bank holiday, so despite phoning emailing everyone we didn’t get to speak to anyone until the next availableworking day when they told us to await the letter.

In this call we explained to the lady at the company what had happened and she said no problem, await the letter and explain this and all will be sorted.

Great!!!!

So this is what we did (and yes call us stupid if we’ve let logic and reason blind us haha). We explained all the above in the email to the company as the lady said to do…..So they do have the PCN number and an email address. We didn’t say who was driving but we have basically admitted we should have paidas we did park.

Do we now have any further recourse or are we stuck with this large amount of money?

Do we now need to go down the POPLA route as they have now given a number?

Cheers

Hot_Bring

Yes, use the POPLA code. Make sure you read the Newbies thread and the links within it to successful POPLA appeals. Remember, you will win this on facts of law NOT "what happened".

Make sure you post your draft POPLA appeal on here for checking before you send it.

By the way, who was the parking company ( it can make a difference ) ?

Hot_Bring

fisherjim wrote: »

POPLA do not have anything to do with council tickets.

I think you'll find the OP referred to a previous council ticket and foolishly thought the process for his private invoice would be as painless.

fisherjim

Hot_Bring wrote: »

I think you'll find the OP referred to a previous council ticket and foolishly thought the process for his private invoice would be as painless.

Sorry yes I realised this when I finally put brain in!:o

andrewf_2

Hot_Bring wrote: »

I think you'll find the OP referred to a previous council ticket and foolishly thought the process for his private invoice would be as painless.

Yes I did haha (hence the title).


......thank you for the replies...

The company is CP Plus by the way.

I have read through that (not yet in detail though will do).

The issue for me is the excess charge as apposed to paying my way properly so from that thread my main option appears to be around the excess not being a 'genuine pre-estimate of loss' so my only other immediate thought is do I now just respond in regards to that as I have in my email to them acknowledged parking and who to pay so its not like I would reference issues with signs etc

Thank you

Hot_Bring

With CP Plus it just needs the standard POPLA appeal.

You've already mentioned GPEOL - that's good but don't rely on a single point. Lack of contract with the landowner etc need to be there as well - all in the example POPLA appeal.

EDIT - and just scrub from your mind the "but I didn't pay" statement - it's irrelevant.

Umkomaas

andrewf wrote: »

Yes I did haha (hence the title).


......thank you for the replies...

The company is CP Plus by the way.

I have read through that (not yet in detail though will do).

The issue for me is the excess charge not paying my way properly so from that thread my main option appears to be around the excess not being a 'genuine pre-estimate of loss' so my only other immediate thought is do I now just respond in regards to that as I have in my email to them acknowledged parking and who to pay....

Thank you

You don't pay anyone at the moment. Right now it's all or nothing, so you've got to get your initial appeal in to CP Plus (as per the NEWBIES sticky), then when you get your inevitable rejection from CP Plus with a POPLA code, you appeal to POPLA (again examples of winning appeals in the NEWBIES sticky), but let us see your draft for fine tuning before submitting and this should see the PCN cancelled.

Then, at that point, you may want to salve your conscience and make payment of the basic parking fee to whoever the ticket machine belonged to or, if that's too much of a faff to find out who they are, drop a donation to a worthwhile charity.

Please note - CP Plus is NOT a charity!

Hot_Bring

Umkomaas wrote: »

You don't pay anyone at the moment. Right now it's all or nothing, so you've got to get your initial appeal in to CP Plus (as per the NEWBIES sticky), then when you get your inevitable rejection from CP Plus with a POPLA code, you appeal to POPLA (again examples of winning appeals in the NEWBIES sticky), but let us see your draft for fine tuning before submitting and this should see the PCN cancelled.

Then, at that point, you may want to salve your conscience and make payment of the basic parking fee to whoever the ticket machine belonged to or, if that's too much of a faff to find out who they are drop a donation to a worthwhile charity.

Please note - CP Plus is NOT a charity!

pssst ..... he already has his POPLA code

Umkomaas

Hot_Bring wrote: »

pssst ..... he already has his POPLA code

Whoops, there I go [STRIKE]skam[/STRIKE] skim reading again!

andrewf_2

Thank all. Will draft and submit for review.

Yes confirm I have my POPLA code. The NEWBIES thread has been a useful thread....

I manly posted to make sure that by admitting to them in my first reply that we'd not paid I hadn't set ourselves up for the fall....

I guess everyone has heard it all before and whilst I am not surprised by their response it just enhances my disappointment in certain fields of society that despite the lengths I went to to get in contact with them to say whoops and can I pay you they do this.

Thanks to the site I will a/ get it fixed b/ learn for the future but c/ endeavour to keep the faith that not everyone acts the same way

Iceweasel

andrewf wrote: »

Thank all. Will draft and submit for review.

Yes confirm I have my POPLA code. The NEWBIES thread has been a useful thread....

I manly posted to make sure that by admitting to them in my first reply that we'd not paid I hadn't set ourselves up for the fall....

I guess everyone has heard it all before and whilst I am not surprised by their response it just enhances my disappointment in certain fields of society that despite the lengths I went to to get in contact with them to say whoops and can I pay you they do this.

Thanks to the site I will a/ get it fixed b/ learn for the future but c/ endeavour to keep the faith that not everyone acts the same way

The 'mistake' you made was in using logic, honesty, integrity, and reasonableness.

None of which are are of any interest to these parking companies whose sole aim is to part you from as much of your hard earned cash as possible.