POPLA appeal rejected - what next?

Kim93

Hi, I'm really sorry if I'm posting something that's already been covered in the newbies thread, I may have missed it or not quite understood when I looked.

Backstory; (and please note this happened twice, a couple of nights apart - so double the appeal, double the fines) paid for parking via mobile in a retail car park (one night was going to cinema, other night went for a meal) but I put a space in between my car registration. So instead of X000XXX I apparently registered payment for X000. The app sent me texts to confirm I had paid for X000, didn't say anything was wrong, I assumed it had just shortened my registration for ease or something. When I came back to the car there was a ticket, all it said was I hadn't paid for a ticket so I assumed the parking guy had been too lazy to check the mobile payments or whatever, hence why I did it the same way a couple of nights later.

I appealed via POPLA, very stupidly I didn't do much research beforehand so I did things I now know didn't help my case. I relied on the one argument, I admitted I was driving the car, I didn't speak to the retailers I was in at the time first. I just assumed they would see I was in the right.

Of course they didn't, and now I'm a bit lost with where to go next. I obviously do not want and cannot afford to pay £100 x2 for the sake of putting a space in my registration - especially when I paid for parking at the time! I have bank statements and texts from the app confirming they took the payment from me, if that helps.

I've read the ignore vs tellling them I won't be paying. I couldn't find for sure whether it can affect your credit score at any point though? Am I right in thinking as they're a private company it's an invoice rather than a fine, therefore if it goes to debt collection I can just inform them I contest the debt and it goes no further?

I just think £200 for genuine human error is absolutely disgusting and I'm really stressing at the moment as I don't know what to do next.

twhitehousescat

read http://parking-prankster.blogspot.co.uk/2017/01/ukpc-and-popla-fail-to-understand.html

Kim93

Yes this is exactly what has happened! So I have a reasonable case against DVLA for giving my details out even though the fine was unjustified?

Coupon-mad

I couldn't find for sure whether it can affect your credit score at any point though?

The only way this could affect your credit rating would be if you ignored court papers/deadlines/didn't turn up to a hearing if they try a small claim, or if you lose at a hearing and then refuse to pay what the Judge told you to! Not happening, is it?!

I would send UKPC that Parking Prankster link and tell them their system is not fit for purpose and breaches the CPUTRs:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284454/oft143.pdf

What is unfair?
A standard term is unfair if it creates a
significant imbalance in the parties' rights and
obligations under the contract, to the
detriment of the consumer, contrary to the
requirement of good faith.


Also under the Consumer Rights Act 2015 ''imposing a disadvantageous burden on the consumer.''

http://blogs.lexisnexis.co.uk/comet/consumer-rights-act-day-how-does-it-apply-to-unfair-terms/

I would also lodge a formal complaint with your local Trading Standards, using the above consumer laws and the Prankster's Blog to back up what you are saying. Clearly this was not your failure, it was UKPC's failure.

Kim93 wrote: »

Yes this is exactly what has happened! So I have a reasonable case against DVLA for giving my details out even though the fine was unjustified?

Possibly, but don't run before you can walk. Your priority is to get this cancelled and to get TS looking at it.