PCN & POPLA appeal rejected but paid for parking

thedeako

I received the following email from UKPC complaints, in response to original request for someone to review my situtation. Is there any point responding and pursuing or do I know ignore and wait?

---

Dear xxxxxxxxxxx

Thank you for your email.

Unfortunately the evidence was never provided to UKPC or POPLA during the appeals process. As such both UKPC and POPLA made their decisions based on the evidence provided to us.

As POPLA have reached their decision, the higher rate of £100 is now due. This payment can be made by visiting or website or calling 0344 545 5450. If you wish to discuss this charge please call 0333 220 1070 (option 4).

Kind regards
Complaint’s Department

Unit 29, 1-2 Denham Parade,
Oxford Road, Uxbridge,
Middlesex UB9 4DZ

Fruitcake

thedeako wrote: »

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?

Debt collectors cannot instigate court. They have no powers. Only the landowner or UKPC will start court, most likely the latter. If you get an LBA/LBCC then you prepare to defend it.

Alternatively you could start your own court proceedings against the scammers if you believe you are up for it.

Fruitcake

thedeako wrote: »

I received the following email from UKPC complaints, in response to original request for someone to review my situtation. Is there any point responding and pursuing or do I know ignore and wait?

---

Dear xxxxxxxxxxx

Thank you for your email.

Unfortunately the evidence was never provided to UKPC or POPLA during the appeals process. As such both UKPC and POPLA made their decisions based on the evidence provided to us.

As POPLA have reached their decision, the higher rate of £100 is now due. This payment can be made by visiting or website or calling 0344 545 5450. If you wish to discuss this charge please call 0333 220 1070 (option 4).

Kind regards
Complaint’s Department

Unit 29, 1-2 Denham Parade,
Oxford Road, Uxbridge,
Middlesex UB9 4DZ

Ignore it. You do not have to pay anything. Do however complain to the DVLA, your local MP, and Mrs May about this unregulated scam industry.

Coupon-mad

thedeako wrote: »

I received the following email from UKPC complaints, in response to original request for someone to review my situtation. Is there any point responding and pursuing or do I know ignore and wait?

---

Dear xxxxxxxxxxx

Thank you for your email.

Unfortunately the evidence was never provided to UKPC or POPLA during the appeals process. As such both UKPC and POPLA made their decisions based on the evidence provided to us.

As POPLA have reached their decision, the higher rate of £100 is now due. This payment can be made by visiting or website or calling 0344 545 5450. If you wish to discuss this charge please call 0333 220 1070 (option 4).

Kind regards
Complaint’s Department

Unit 29, 1-2 Denham Parade,
Oxford Road, Uxbridge,
Middlesex UB9 4DZ

LOL! UKPC don't have a Complaints Department - they ARE a Complaints Department!

Next they will be saying they have a Customer Service team... :rotfl:

Thing is, they have seen your evidence now in your email (you did attach it?) and they've acknowledged it with this letter. So if they try a small claim they can't continue pretending they didn't see that evidence before proceedings started.

thedeako

Many thanks for all the advice so far, it's really helpful.

I did attach my proof of payment to the email to UKPC. I also provided some additional photos from the car park which show posters and stickers promoting payment by the mobile phone app. Therefore I believe this demonstrates POPLA's decision is flawed, POPLA claimed I breached the terms and condition of the car park by not displaying a valid ticket. However, as payment by mobile app was promoted at the car park I used an approved method of payment and did not breach T&Cs.

Although UKPC have stated the following in their response to my email..........

- the PCN is still valid and I must now pay £100, soon to be £160 if I don't pay
- the UKPC argument is based on the fact they didn't receive my proof of payment during the appeals process (however they now have this for sure as I attached proof to my email to UKPC complaints, which they have acknowledged by responding)
- UKPC also believe the PCN is valid as POPLA rejected my appeal based on breaching the terms and conditions of the car park i.e. for not displaying a ticket in the windscreen. However, I paid for parking using the mobile phone app which is a recommended form of payment and promoted on the car park, which i have demonstrated by providing photos. Therefore I did not breach the T&Cs of the car park.

So in summary, I have proof of payment and can demonstrate I did not breach the T&Cs of the car park. Therefore, the PCN is not valid and POPLA's decision is flawed.

I just need to wait and see what happens and if this goes to CC (and I'm happy to do that, using the info and process provided on this forum) a judge should find in my favour? Is that assumption correct?

Umkomaas

The only assumption you can make about the small claims court is that it's a lottery. No one can give you the assurance you want, but I would say you seem to have a defendable case.

Fewer than 1% of tickets get as far as the county court. UKPC has been pursuing a few cases of late, but they seem to be getting most excited about multiple ticket cases. You just need to see how things unfold.

You could try to a complaint to John Gallagher, POPLA Lead Adjudicator, but you'll need to dress it up as 'an administrative error' as they are refusing to deal with decision 'disagreements'.

DollyDee_2

thedeako wrote: »

It's Julians car park opposite Didcot Parkway railway station.

https://www.instantstreetview.com/@51.610862,-1.243501,237.07h,-7.39p,2z

This one?

thedeako

Yes, that's the one. Although the car show room has since been demolished and the entire site is now a car park, with payment by machines or phone rather than paying cash to the attendant.

yotmon

thedeako wrote: »

Many thanks for all the advice so far, it's really helpful.


Although UKPC have stated the following in their response to my email..........

- the PCN is still valid and I must now pay £100, soon to be £160 if I don't pay
- the UKPC argument is based on the fact they didn't receive my proof of payment during the appeals process (however they now have this for sure as I attached proof to my email to UKPC complaints, which they have acknowledged by responding)/QUOTE]


No. they received your payment 1.25 hours prior to issuing their ticket. So, they never needed to see your proof of payment during the appeals process - as there should not have been a need for any appeals process in the first place !

Have they confirmed that they received payment, if so, have they cashed it or returned it to you ?

You should be asking them do they ask to see proof of payment for everyone who pays by phone app, if not, why are they asking you ?

To me, it sounds as though they have issued the ticket in error but once issued they believe that they have the right to force you to appeal rather than use common sense and cancel. It's a though the cogs have started to be in motion and no one can or wants to stop the process - utter utter madness !

Ralph-y

perhaps another one the Parking Prankster?

http://parking-prankster.blogspot.co.uk/

Ralph:cool: