PCN Company Claim POPLA Rejected Claim

Hot_Bring

TipsyTaylor wrote: »

haha! Sorry! Wouldn't it become a fine if it went to court though?
Good to know it won't effect credit rating. Fingers crossed I wont' be the first taken to court!

A fine is only for breaking the law - i.e. it's a punishment. If you lost at court all they are asking you to pay is what they consider you legally owe - not a fine.

nigelbb

Thank you for providing the newbies with the perfect example of how to submit an appeal that is guaranteed to fail at POPLA.

You would have won if you had added the magic words that the claim is for breach of contract therefore any damages must be a genuine pre-estimate of losses flowing from that breach & that no loss was suffered by the PPC.

TipsyTaylor

nigelbb wrote: »

Thank you for providing the newbies with the perfect example of how to submit an appeal that is guaranteed to fail at POPLA.

You would have won if you had added the magic words that the claim is for breach of contract therefore any damages must be a genuine pre-estimate of losses flowing from that breach & that no loss was suffered by the PPC.

Guessing I can't use this now?
Will go into 'ignore mode' but would actually like the satisfaction of beating them. I find it difficult to understand how two separate companies cannot find the compassion / common sense to waive a PCN (not fine!) for someone that drove themselves to hospital and paid to park in a car park.

Coupon-mad

You could use it - and more - if ever they broke the habit of a lifetime and tried a small claim within six years. No GPEOL is a court defence (among other points). Highly unlikely but keep all the letters in a file marked 'scam'. You will get some drivel letters. Debt collector multi-coloured crap and all.

bod1467

One of the letters may even have RED BOLD CAPITAL LETTER WORDS in it.

bazster

No, it will never become a fine.

Are you saying that you paid for parking before you discovered there was no space? If so, there's an interesting line of attack by which you might still get this quashed. What exactly is the payment mechanism at this car park?

TipsyTaylor

bazster wrote: »

No, it will never become a fine.

Are you saying that you paid for parking before you discovered there was no space? If so, there's an interesting line of attack by which you might still get this quashed. What exactly is the payment mechanism at this car park?

Thanks again everyone! I have actually just moved house, so am thinking I might have to keep post redirected so I can keep the evidence.

No, I didn't pay before entering the car park. I drove into the car park, got my ticket and the barrier and then paid when I left. There is no way in, or out, of the car park, without paying. Seems to be the rejection of appeal is based on the fact I could of been obscuring someone reversing out of the space on the opposite side of the car park from me, but there is no chance of this.

James_N

TipsyTaylor wrote: »

There is no way in, or out, of the car park, without paying. Seems to be the rejection of appeal is based on the fact I could of been obscuring someone reversing out of the space on the opposite side of the car park from me, but there is no chance of this.

So let's be clear on this: you HAD to pay or you couldn't get out of the car park, yet there were no spaces? Yes or No?
And you DID pay? Yes or No? And you have to pay, every time, for everyone? Yes or No?

If the answers are yeses, then there was an offer and acceptance yet no facility in the form of a parking space was provided. for the consideration (payment) that you gave?
Sounds like you should sue them for breach of contract! I can't see a clearer example.

Redx

any time I have had to park using a barrier system , there is a grace period where its free to exit if no spaces are available (20 minutes at the last one I attended)

you get a token (or a ticket) , park in a bay , go to the appointment , pay at a machine before exiting and you have a certain time period to exit the car park after paying

so let us assume he entered the car park and there were no spaces, the rule would be that you canot park in a bay so you exit the car park and pay nothing at all , nada , zilch

the problem here seems to be that the car park bays were full so a non-bay was used and the pcn issued for not parking in a bay , in which case the fact a ticket was bought is not relevant as its pay on exit and that assumes you have found a parking bay and parked

so the OP should have exited the car park free of charge if no bays were available , meaning no contract would be entered into and no payment made

the reason popla refused the appeal is because he did not use the usual appeal points of not a gpeol , no contract and bad signage etc , so they ruled on the fact he broke the parking rules of not parking in a marked bay

There is no way in, or out, of the car park, without paying

I do not believe this statement, never seen a car park where you cannot exit by some method without paying , even if its a grace period or buzzing some security guy

TipsyTaylor

James_N wrote: »

So let's be clear on this: you HAD to pay or you couldn't get out of the car park, yet there were no spaces? Yes or No?
And you DID pay? Yes or No? And you have to pay, every time, for everyone? Yes or No?

If the answers are yeses, then there was an offer and acceptance yet no facility in the form of a parking space was provided. for the consideration (payment) that you gave?
Sounds like you should sue them for breach of contract! I can't see a clearer example.

Yes, I had to pay or I couldn't leave the car park and yes, you have to pay every time you leave, but...the is no charge for under 30 minutes (I think, maybe 20) and there are other car parks within the grounds of the hospital. I had driven myself to the hospital to have a scan on my neck which, at the time, could potential have been something very serious. This was my argument in my appeal.