Lost popla appeal

albert2016

I've made a mess of it but I would appreciate any advice or help.

I parked at Falmouth Premier Park this summer in a hire car. Inadvertently instead of putting the hire car registration I entered my own registration. Some weeks later I received notification from the hire car company of a Parking Charge Notice. My details were forwarded on to Premier Park. I appealed to them directly stating that the registration had been misquoted and as I was not a repeated offender etc etc..They denied the appeal.

I then submitted an appeal to Popla, but didn't even think to look at the internet (stupid I know now!) for any help as I thought " well I've paid, but just got the wrong car reg, surely they'll agree with me" - No. Popla denied the appeal saying..

This demonstrates that VRN *** was not registered to park at the site on the day in question. The operator has provided photographic evidence of the signage in place at the site showing the terms and conditions in force. The terms and conditions state, “Enter your full registration number” and “If you enter or park on this land contravening the terms and conditions displayed you are agreeing to pay: Parking Charge Notice (PCN) £100”. The appellant states that he inadvertently entered his VRN (****) instead of the vehicle he was driving (****) when purchasing a parking period. I acknowledge the appellant’s statement and evidence. However, the terms and conditions are displayed throughout the site and it is reasonable to accept that the appellant had the opportunity to review these before parking. Furthermore, it is the motorist’s responsibility to check the terms and conditions of a site before parking. By parking at the site, the appellant has agreed to the terms and conditions and agreed to pay the parking charge notice if he does not comply with them. Consequently, by failing to enter the correct VRN of the vehicle he was driving as required in the sites terms and conditions the appellant has not complied with these sites terms and conditions. Additionally, the signage at the site advises motorists that cameras are used to monitor vehicles entering and leaving the site and VRN are needed to valid payments. Therefore, by failing to enter the correct VRN the appellant has failed to make a valid payment for the parking period. In addition, I note the appellant states that he purchased a parking period; however, this parking period was against VRN **** not the vehicle he was driving, thus making the payment invalid.

So I am in the situation that Premier PArk are demanding £100 plus costs or else debt collectors and court - this is fair according to Popla.

Can I go anywhere with this now or have I shot myself in the foot and now have to swallow the poison?

Castle

Did the machine issue you a ticket when you paid?

albert2016

IT did, but I didn't keep it. Premier Park acknowledge I paid for it - they just don't accept it was valid for the vehicl eI parked

The_Deep

Is there anything in the Consumer Rights Act that can get this thrown out in court? £100 for a simple human error seems harsh and unreasonable and a signicant imbalance between the right if both parties.

http://www.legislation.gov.uk/ukpga/2015/15/section/62/enacted.

Castle

Have a read of ParkingEye V Heggie;(where a driver put in the wrong number but won his case).
http://www.parking-prankster.com/case-law.html

Coupon-mad

PP rarely do court but yes, you have all the time in the World to wait and see if they try a small claim. Then you defend it using case law, with more research, and you have a fair chance to win (and they might not start proceedings anyway).

You could try complaining to the Falmouth Trading Standards who must have an entire file on PP already (seriously) and ask them to take on your complaint and try to broker a similar deal to this one with PPS, another similar firm:

https://www.devonnewscentre.info/trading-standards-brokers-agreement-between-parking-firm-and-customers/

Thanks to a BMPA contact for that link. Not the same PPC or TS but use it as leverage: 'here's what you should be doing for consumers threatened by parking firms when all parties know the tariff has been paid'.

albert2016

Thank you so much for this guys - it has been reassuring that there is something to be potentially salvaged.

Can I assume that I should sit tight and wait until Premier Park contact me again to demand money - but in the meantime try and gather more evidence to support my case?

Coupon-mad

Yes, photos of any obscured signs would be good if you are local.

And send that TS complaint NOW to the local TS for Falmouth.