Help, please. POPLA rejected my appeal

Coupon-mad

Where is this car park? Not Crewe? Trying to work out which railway car park has PE in it, if it wasn't Gresty Road near a station?

gra3

It's in Carlisle but not a station car park. Just close to it. A 2 min walk

Coupon-mad

IamEmanresu wrote: »

@Gra3

Your defence is promissory estoppel.

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.

http://legal-dictionary.thefreedictionary.com/promissory+estoppel

As above.

IamEmanresu's advice applies and 'paybyphone' caused this by giving you an incorrect location code which you were entitled to rely upon due to the fact they took the money on that basis/based upon their own information.

I would be tempted to call paybyphone and ask for their address for service of legal papers because you are going to sue them if ParkingEye sue you, because they had two chances to get this right and failed you both times - paybyphone's fault. If you suffer loss and the distress of a PE court case then you will be suing paybyphone (or whatever their company name is), so put the pressure on them and get an address to send a LBCCC to them. Try to make them jump to get on to PE to cancel this now.

It is not a fact that a lost POPLA appeal means you have no case - you do. So be ready in case paybyphone reply with some old rubbish (they might say 'oh, there's nothing we can do' or 'of, if you've appealed and lost then there's nothing we can change about that'). None of that matters, what they think is irrelevant because you hold them liable and you want to know NOW who to send a LBCCC to! Keep repeating that.

Get an address or escalate the complaint until some Manager listens to how they failed you and cancels the PCN by contacting PE.

You were entitled to rely upon the location code given to you over the phone. Really turn the screw on 'paybyphone' for their AWFUL advice.

I would also email enforcement@parkingeye.co.uk and tell them you will add in 'paybyphone' into any court case that PE decide to now commence and that your defence will in part, be based upon promissory estoppel. Explain the position again, briefly and in an assertive manner ... i.e. this time not written as an 'appeal' but as an instruction to cancel it - or else paybyphone will be included and pursued as liable for your losses and distress of defending an unnecessary claim. You need to spell it out, you are not liable for what happened here, the system used by PE failed in their duty of care and THEIR parking fee payment partner provided the wrong location code and should have cancelled it when you rang them the second time.

This should never have needed appealing, let alone a potential court claim. Should have been snuffed out early doors by paybyphone.

And no 'please...grovel please cancel...thankyou' niceties...these exchanges need to be very assertive (not aggressive though, aggression is the weapon of the terminally stupid and never works).

Bear in mind that by emailing that email address, you are corresponding with PE's legal dept whereas up until now, you will have been dealing with 12 year old clerks in the 'Appeals Dept' churning out POPLA 'evidence' by rote. This time, you will be emailing a completely different Dept in PE who will know what you mean with that defence and will know that perhaps, this is one to stop.

Be robust and do not leave it in PE's court if they respond, reply back again. Email ping-pong back every time until they cancel it.