Help, please. POPLA rejected my appeal

gra3

I attempted to pay for parking using paybyphone service as instructed on the ticket machine. Due to bad weather I came away from the machine (I had to catch a train) so didn't have the location code. I called paybyphone and the operator gave me a code and I paid for a full days parking.

I then discovered the code was incorrect, so I called paybyphone to explain but the unhelpful operator told me to appeal the parking charge I would get.

Sure enough I received the notice and appealed the parking eye charge which was rejected on the grounds that I did not pay even though I provided evidence of payment. I took this to POPLA who have rejected my appeal basically saying I was responsible for making sure I had the correct code.

I still think this is unfair as I had made payment. Can anyone help, please?

Redx

help in what way exactly ?

if you have appealed to PE and to POPLA and failed both times, there is nothing left except one of 2 courses of action open to you

1) pay up (like it states on the rejected popla appeal)

2) take your chances in small claims court, explaining to a judge, letting the judge decide

if you win in court , you claim up to £90 expenses , if you lose, you pay the judgment promptly

PE have 6 years to try a court case in england or wales (5 in Scotland)

yes its unfair, but its an unregulated sc@m industry

beamerguy

gra3 wrote: »

I attempted to pay for parking using paybyphone service as instructed on the ticket machine. Due to bad weather I came away from the machine (I had to catch a train) so didn't have the location code. I called paybyphone and the operator gave me a code and I paid for a full days parking.

I then discovered the code was incorrect, so I called paybyphone to explain but the unhelpful operator told me to appeal the parking charge I would get.

Sure enough I received the notice and appealed the parking eye charge which was rejected on the grounds that I did not pay even though I provided evidence of payment. I took this to POPLA who have rejected my appeal basically saying I was responsible for making sure I had the correct code.

I still think this is unfair as I had made payment. Can anyone help, please?

Another one, this new POPLA are seriously off their trolleys.
For POPLA to say it is your responsibility to make sure the code is correct is proving them to be bordering on plain stupidity.

You have proof of payment, you were not given the correct code.
If Parking Eye were a bit more savvy, they would realise this as I do not think a judge would be very impressed.

And before these cowboys start quoting the Beavis case ...... this has nothing to do with Beavis.

Sorry guys, but POPLA are turning out to be real plonkers

Tilt

Personally (and this is just my opinion) I would have my day in court. I definitely wouldn't pay twice without challenging it.

Make sure you keep all the paperwork and some evidence of the phone call(s) if you can.

System

I then discovered the code was incorrect, so I called paybyphone to explain but the unhelpful operator told me to appeal the parking charge I would get.

@Gra3

Your defence is promissory estoppal.It is clearly an unreasonable step to continue to press for payment when you paid - albeit through misunderstanding.

The sooner you engage with PE the better it will look if PE do their usual and stick their fingers in their ears. Keep at them to ensure that any escalation by PE is seen to be as "unreasonable" and their attempt to profit from a minor error.

This wasn't Crewe Alex by any chance.

The_Deep

If you can convince a judge that PE have acted unreasonably you may be entitled to enhanced costs under CPR27.14.2(g)

gra3

Thanks for the replies.

I was wondering if anyone had a similar experience. I mean what if I had the correct code but just made a mistake when typing on my phone, are people still expected to pay.

Also wondered if my fight should really be with paybyphone instead of PE. I informed them of the error the next day by phone and email (they never replied to emails). Seems I'm being penalised for their lack of customer service.

If I go to court will I have to pay any additional costs if I lose?

Redx

if you lost in court it would cost you between £175 and £225 approx

plenty of people have bad and similar experiences, this forum is awash with them, but until something is done about it then it will continue , we await the DCLG to come up with the overdue changes

The_Deep

was wondering if anyone had a similar experience. I mean what if I had the correct code but just made a mistake when typing on my phone, are people still expected to pay.

If you made a simple human error, no judge in the land is likely to tell you to pay scammers £100. You may lose at PoPLA, but the only outcome which matters is at County Court, which is why, if you play hardball, the PPC is likely to blink first.

Expect lots of debt collectors, letters and threats of financial ruin, ignore all but genuine court papers.

Castle

gra3 wrote: »

I was wondering if anyone had a similar experience. I mean what if I had the correct code but just made a mistake when typing on my phone, are people still expected to pay.

Read the Parking Eye v Heggie court case on here
http://www.parking-prankster.com/case-law.html
Driver input wrong registration number, but Parking Eye suffered no loss; claim dismissed.

gra3

Another thing I would like to mention was that I was on a busy train and there was no mobile signal for a while. I didn't actually pay until an hour later than I parked. So I paid for a full 24 hour rate, which is what I would have paid if I had paid at the machine.

Will this go against me if I go to court?