Popla Clowns - appeal rejected

STAVROS

I entered a small private land car park which was completely full up, all bays being used. I drove around with other motorists for 12 mins and could not find a space and left.Car park remained full up throughout duration.
Now being asked for £150.......James Macrae of POPLA states..... [FONT=&quot]When looking at appeals, POPLA merely considers whether a parking contract was formed and, if so, whether the motorist kept to the conditions of the contract, POPLA cannot allow an appeal if a contract was formed and the motorist did not keep to the parking conditions. On this occasion the appellant did not purchase a parking ticket to cover the entire duration of stay and therefore failed to comply with the terms and conditions of the site. As such, I can confirm that the parking charge has been issued correctly.[/FONT]
[FONT=&quot]Does he not realise that a parking contract could not be entered into as the car park was completely full.[/FONT]
[FONT=&quot]I would be happy to pass this to a Small Claims Court.
[/FONT]

Half_way

From what i understand, this scenario has already been through a court, the judge ruled that driving round looking for a space was not parking.
You may want to get in touch with the landowner to complain.

fisherjim

Who is asking for £150 that's not allowed?

Umkomaas

Let us see your POPLA appeal please.

STAVROS

If anyone can point me in the direction of this legal precedent I would be very much obliged.....I studied Law of Contract at University a long time ago and cannot see any justification for this scam.

Umkomaas

See post #4, otherwise we are just guessing!

Which parking company? We need more to help. £150 just isn't right!

DoaM

Sounds like £100 PCN plus £50 "solicitor costs".

pappa_golf

how do you account for £50 solisitors costs at a POPLa stage


if legal costs have been added , then this is out of government guidelines 28 days should be given for payment after POPLa , before any legal action is started

STAVROS

I have raised this with a retired solicitor and he agrees that this is solely a Law of Contract matter. The operator's sign is the 'invitation to treat'. I was led into the car park under false pretences as there could not be an 'invitation to treat' as the car park was full. The operator's legal remedy would have to be other than Law of Contract. Popla is wrong. They should have installed a Car Park Full sign as we are accustomed to seeing elsewhere.