Advice/Assistance Please

mfw_bc

I'm after a little advice or assistance with a car park notice my wife (as the owner of the car) was served with.
I've tried to follow the process on the board but have come to a bit of sticky bit due to a piece of mail not being seen in good time.

As you can see from the above linked thread the car parks (there are 3 of them) are very confusing.
As I can't post links yet the image is located at line below with the : and / replaced with spaces.
https postimg.org image b5w50hu3x

Even though the entire site encompassing the whole building and all car parks has massive joint advertising for DW Fitness / Soccerdome / Oxygen Freejumping, the car parks are actually separate which you only really find out after you get served.

If you can look at the image the car was parked on the car park highlighted in green which is apparently one for DW Fitness members only.
I should note at this point my wife is disabled and the car was parked there as no other spots were available anywhere for her to be able to get out of the car and transfer to her wheelchair. Normally the car is parked in the red highlighted area which is free but has no disabled spots marked out.

The original notice for a charge was sent to her on 15/10/2016 with a reminder sent on 24/10/2016.
The PCN was contested using the standard "keeper of the car" template and the signs failed the test of large lettering and prominence.

This appear was rejected on 14/11/2016. Unfortunately due to family matters this has only just been seen.

At this point I have just tried to go on to the Popla website to start the appeals process whereby I have been told "The number you entered is not valid, Please try again".

At this point I am unsure as to what road to go down next as I feel there is a time element involved in this but also a mistake on Parking Eyes behalf with the Popla Ref.

Please help!

Thanks in advance for any assistance
B

PS. I replied on another thread whereby another person was caught in the same car parks so there is also quite a bit of info in there about signage and the car parks. The thread ID is 5548246.

Fruitcake

I can't make your image work.

You can upload images to a web hosting site such as tinypic or photobucket and post the URL here, but change http to hxxp. Someone here will change it to a live link.


What was the date of the alleged event. This is important as otherwise we can't work out if the dates of the PCN/NTK were POFA 2012 compliant.

Did you use the BPA template from the NEWBIES thread?

Does the NTK have a paragraph mentioning "after 29 days" or similar, or is there a space as if something is missing?

What happened when the keeper complained to the retailer that one of the occupants was a wheelchair user so a breach of the Equality Act 2010 occurred?

If the keeper has missed the made up PoPLA appeal deadline, there is nothing stopping the keeper from making a late PoPLA appeal quoting the following from the Alternative Dispute Regulations Act 2015,

Procedural rules for refusing disputes 64.

Article 5(4) of the ADR Directive has a list of procedural rules which Member States can choose to permit certified ADR providers to apply. These procedural rules would allow certified ADR providers to refuse to deal with inappropriate disputes. The grounds for refusing to deal with disputes which can be applied are as follows:

- the consumer has made no attempt, in the first instance, to resolve the complaint directly with the business;

- the complaint is frivolous or vexatious;

- the dispute is being or has been considered by another certified ADR provider or a court;

- the value of the claim falls below or above a pre-specified limit (any monetary thresholds must not significantly impair access to ADR);

- the complaint is not submitted within a pre-specified time limit (which cannot be set at less than a year from when the complaint was first submitted to the business); and

- dealing with that type of dispute “would otherwise seriously impair the effective operation of the ADR entity”.

Since none of the above apply, there is no reason why PoPLA should refuse an appeal from being assessed.
It is the will of the UK Parliament that ADR should be available for not less than one year.

mfw_bc

Thank you for replying so quickly Fruitcake.
The image link is:
hxxps://postimg.org/image/b5w50hu3x

Answers to questions are:

Date of alleged event was 1st October 2016.

I used the BPA template as per the newbie thread

The NTK as far as I can see does not have the "after 29 days".
It looks the same as the example one given somewhere else and the text is definitely not the same as this post which seems to be the "29 day" version:
hxxp://forums.moneysavingexpert.com/showthread.php?t=4794556

The keeper of the vehicle is the one in the wheelchair and as it is a fair distance away hasn't been able to go back. Also the experience has made them very nervous to go back as they don't want to incur another round of this when parking!

Thanks for the missed PoPLA deadling info.
Do you know what the procedure is if the POPLA code received is not valid?

Again many thanks for your time and assistance.

B

Coupon-mad

Do you know what the procedure is if the POPLA code received is not valid?

Nothing you can do to be allowed to use it. No procedure - you can't have POPLA now.

If you Google search the name of the PPC plus the words 'BMPA Insight' you will find how litigious they are, or not. Which PPC was it and do they try court, you will soon know when you search as suggested for the BMPA Insight page.

What happened when you complained to the onsite facilities and/or overall site agent or landowner for that place?

mfw_bc

Sorry I'm a little confused. If the process is to get a POPLA number and the number given is invalid then surely there must be a way to get a valid one. Otherwise they would just send out invalid ones all the time? Or have I missed something.

Company is ParkingEye which seems to be a 1 in a 1000 chance.

I haven't been back to complain to the site owner, it's not the easiest thing to do.

pappa_golf

mfw_bc wrote: »

Sorry I'm a little confused. If the process is to get a POPLA number and the number given is invalid then surely there must be a way to get a valid one. Otherwise they would just send out invalid ones all the time? Or have I missed something.

Company is ParkingEye which seems to be a 1 in a 1000 chance.

I haven't been back to complain to the site owner, it's not the easiest thing to do.

the popla code was valid ,

as you said "This appear was rejected on 14/11/2016." and you have 31 days to submit an appeal

you could if you wish , find out the date it was issued and expiry date , however it looks like yours expired almost a month ago

Coupon-mad

Your code expired because you didn't act on it in time. That was a huge mistake.

ParkingEye sue the pants off people re most of their locations.

mfw_bc wrote: »

I haven't been back to complain to the site owner, it's not the easiest thing to do.

Much harder will be fighting this in a small claims hearing against their solicitor confusing you deliberately and waving the Beavis case like a flag at the Judge, who the solicitor probably knows. But it doesn't have to be the site owner - complain QUICKLY at the shops/restaurant with the Managers and INSIST on cancellation.

Ah, it is Soccerdome:

https://postimg.org/image/b5w50hu3x

Could have been won at POPLA re confusing signage - gather as much info about this location and unfair fines as you can ready for a court defence, here you go, the first one is a POPLA Decision that the signs are not clear:

http://forums.moneysavingexpert.com/showpost.php?p=71739141&postcount=2453

https://forums.moneysavingexpert.com/discussion/5548246

http://www.derbytelegraph.co.uk/overstay-in-derby-car-park-cost-mum-more-than-8-per-minute/story-29529381-detail/story.html

http://www.derbytelegraph.co.uk/derby-parking-fines-how-much-could-they-cost-you/story-29532774-detail/story.html

And to inspire you, here's a person who got a Letter Before County Court Claim (a claim would have followed) and got it cancelled by really INSISTING with the restaurant:

https://forums.moneysavingexpert.com/discussion/5532236

https://forums.moneysavingexpert.com/discussion/5536523


HTH - go and find a Manager to cancel this threat. Take the offending PCN and paperwork & Blue Badge and go with your wife and make someone cancel it.

mfw_bc

Got you. So the only options now are go to the landlord or hope they don't go to court?

Coupon-mad

Nope, I have added more!! Loads of shops & businesses there to complain to, look at the links I found & added.

You just wasted a POPLA chance which was a real shame and makes your life harder but take your wife back there and shame them into cancelling this discriminatory charge.

mfw_bc

Thanks coupon-mad and all others for helping!

mfw_bc

Just an update that a final notice letter has come through.
Sorry to say I just don't have the time for the fight. As mentioned my wife is disabled so unless someone can convince me otherwise, the amount of stress, effort and time that would be involved to keep going backward and forward is not worth it :-(