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PCN & POPLA appeal rejected but paid for parking

I received a PCN from UKPC back in July 2016, however I paid for my parking via a mobile app and have a statement proving I paid the correct amount at least 1 hour 15 mins before the PCN was issued.

I submitted an appeal to UKPC, which was rejected on the basis they did not receive the statement showing I paid. I uploaded this document twice as part of their online appeals process but my appeal was rejected.

I then appealed to POPLA, providing the same information with proof of payment, but they also rejected the appeal for a completely unrelated issue. POPLA claim I breached the terms and conditions of the car park, which were clearly visible on signs around the car park, stating a valid ticket must be displayed. POPLA claim the parking payment app solution was not stated as an acceptable payment method, even though this was clearly visible on the payment machines located in the car park.

I have complained to UKPC (using the email address provided on this forum) again providing evidence that I paid for my parking. However my request has been rejected, stating I'm now beyond the appeals process and time frame and the PCN is valid given the POPLA decision.

I've also complained to POPLA, (using the email address provided on this forum) providing photos which show the mobile payment app is recommended by the car park operator, and highlighted the terms and conditions were not in dispute, but had no response.

I'm now expecting the threatening debt collection letters. Can anyone recommend what I should do next. Given I paid for my parking by an approved payment method and have documented proof this seems absolutely absurd. Any ideas welcome on what to do. Many thanks.
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Comments

  • thedeako wrote: »

    POPLA claim I breached the terms and conditions of the car park, which were clearly visible on signs around the car park, stating a valid ticket must be displayed. POPLA claim the parking payment app solution was not stated as an acceptable payment method, even though this was clearly visible on the payment machines located in the car park.

    How on earth could popla reject this, as there could never be a displayed ticket on a phone app jobbie.

    Get a pic, if you can, of the ticket machine showing this approval of the phone app as you will need this as evidence for a CC claim which you would win hands down.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • thedeako
    thedeako Posts: 11 Forumite
    I have photos of the payment machines in the car park which clearly display the app as a payment method. I've submitted this to POPLA in my complaint email, but heard nothing yet. Does anyone know if POPLA reply to complaints?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Not only would this win hands down in court, you would probably win any counter claim which you could make for them wasting your time.

    Standard costs are paltry, but if you can convince a judge that the PPC were acting unreasonably, they can award punitive costs.

    What to do now? Respond politely but firmly in writing to every letter they send you, and save them all for a judge, judges love paper trails.

    Your object now is to get this in front of a judge and give them a bloody nose.
    You never know how far you can go until you go too far.
  • Half_way
    Half_way Posts: 7,493 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Who's car park was this?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • thedeako
    thedeako Posts: 11 Forumite
    It's Julians car park opposite Didcot Parkway railway station.
  • thedeako
    thedeako Posts: 11 Forumite
    My preference would be for UKPC to use common sense and cancel the PCN, however it appears they are unwilling to do this. I've had no response from POPLA and based on there decision I'm not expecting much from them either!

    So if this is likely to go to a debt collector and then onto court when I refuse to pay, where's the best place to find out about this process and what I need to do?
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    I think I would instigate legal action against the parking company for harassment.

    A LBA in the post, why wait for them to come to you and hold all the cards.
    I do Contracts, all day every day.
  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    thedeako wrote: »
    So if this is likely to go to a debt collector and then onto court when I refuse to pay, where's the best place to find out about this process and what I need to do?

    Here!

    https://forums.moneysavingexpert.com/discussion/5546325

    We do this all the time. Ignore debt collector letters of course.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • We are starting to see "automated" electronic POPLA responses.
    I think it is totally obvious that no human has actually read the appeal.
    I do Contracts, all day every day.
  • thedeako
    thedeako Posts: 11 Forumite
    So it is best to be proactive and send an LBA to UKPC or wait and use the process outlined when the court action from the debt collector happens?
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