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Popla appeal unsuccessfull
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Sorry, I think I posted this thread wrongly elsewhere, hence posting it here again.
Hello All.
I am newbie here. Trying to find a solution to my frustration.
The gist of my appeal to POPLA was as follows
*That I paid for the parking fee, which avoided loss to the parking company.
*The Dashboard on the Rangerover is sloped/curved and the parking ticket could have slipped on to the steering, due to the air gush when the door was closed.
*The parking ticket had no self adhesive to stick it to the dashboard.
*I have shown the ticket to the parking attendant on my return to the car, while he was still there and he asked me to appeal.
*My intentions were not to breach the terms and conditions of parking site, hence bought a ticket and should not be penalized with unreasonable amount.
PEA nor POPLA could consider the circumstances and reply was as below....
ASSESMENT DECISION was on 30/03/2017 on their website
Unsuccessful
Assessor summary of operator case
The operator’s case is that the appellant failed to display a pay and display ticket.
Assessor summary of your case
The appellant’s case is that they purchased a pay and display ticket but it slipped down the dashboard, as the ticket did not have any self-adhesive.
Assessor supporting rational for decision
The operator has provided photographic evidence of the signage located around the site in question. The signage states, “Not displaying valid permit/ticket clearly on the dashboard…Parking Charge Notice is £100”. The operator has provided photographs of the appellant’s vehicle parked at the site in question. The photographs provided show the appellant’s vehicle without clearly display a pay and display ticket. The operator has issued the Parking Charge Notice (PCN) as the appellant failed to display a pay and display ticket. I acknowledge the appellant purchased a pay and display ticket but it slipped down the dashboard as the ticket did not have any self-adhesive. However, from the operator’s photographic evidence of the appellant’s vehicle I cannot see a pay and display ticket displayed on the dashboard. In order for the warden to assess that the vehicle was authorised to park at the site, a pay and display ticket would need to be clearly visible in the vehicle. As it was not, the warden has issued the PCN, as they would have been unaware whether the vehicle is authorised to park at the site. POPLA’s remit is to assess whether or not the appellant has adhered to the terms and conditions of the site in question. Therefore as the appellant failed to display the ticket correctly, I am satisfied the appellant has not adhered to the terms and conditions of the site. Ultimately, it is the responsibility of the motorist to ensure that when they enter a car park, they have understood the terms and conditions of parking. By remaining parked on site, the appellant accepted the terms and conditions. On this occasion, the appellant has failed to follow the terms and conditions of the signage at the site and as such, I conclude that the operator issued the Parking Charge Notice correctly.
I haven't got any debt collection letters yet. I wish to fight in the the small claims.
Should I write to the company and tell them to file it in the court for me to defend or wait for the harassing letters to pour in.
What I don't want is they clamping my car if parked again in any of their other controlled areas as there is a pending charge for them to collect. While the one I initially parked is closed and buildings are developed currently.
Please could anyone be kind to advise. Appreciate your help in advance.
Regards
Hello All.
I am newbie here. Trying to find a solution to my frustration.
The gist of my appeal to POPLA was as follows
*That I paid for the parking fee, which avoided loss to the parking company.
*The Dashboard on the Rangerover is sloped/curved and the parking ticket could have slipped on to the steering, due to the air gush when the door was closed.
*The parking ticket had no self adhesive to stick it to the dashboard.
*I have shown the ticket to the parking attendant on my return to the car, while he was still there and he asked me to appeal.
*My intentions were not to breach the terms and conditions of parking site, hence bought a ticket and should not be penalized with unreasonable amount.
PEA nor POPLA could consider the circumstances and reply was as below....
ASSESMENT DECISION was on 30/03/2017 on their website
Unsuccessful
Assessor summary of operator case
The operator’s case is that the appellant failed to display a pay and display ticket.
Assessor summary of your case
The appellant’s case is that they purchased a pay and display ticket but it slipped down the dashboard, as the ticket did not have any self-adhesive.
Assessor supporting rational for decision
The operator has provided photographic evidence of the signage located around the site in question. The signage states, “Not displaying valid permit/ticket clearly on the dashboard…Parking Charge Notice is £100”. The operator has provided photographs of the appellant’s vehicle parked at the site in question. The photographs provided show the appellant’s vehicle without clearly display a pay and display ticket. The operator has issued the Parking Charge Notice (PCN) as the appellant failed to display a pay and display ticket. I acknowledge the appellant purchased a pay and display ticket but it slipped down the dashboard as the ticket did not have any self-adhesive. However, from the operator’s photographic evidence of the appellant’s vehicle I cannot see a pay and display ticket displayed on the dashboard. In order for the warden to assess that the vehicle was authorised to park at the site, a pay and display ticket would need to be clearly visible in the vehicle. As it was not, the warden has issued the PCN, as they would have been unaware whether the vehicle is authorised to park at the site. POPLA’s remit is to assess whether or not the appellant has adhered to the terms and conditions of the site in question. Therefore as the appellant failed to display the ticket correctly, I am satisfied the appellant has not adhered to the terms and conditions of the site. Ultimately, it is the responsibility of the motorist to ensure that when they enter a car park, they have understood the terms and conditions of parking. By remaining parked on site, the appellant accepted the terms and conditions. On this occasion, the appellant has failed to follow the terms and conditions of the signage at the site and as such, I conclude that the operator issued the Parking Charge Notice correctly.
I haven't got any debt collection letters yet. I wish to fight in the the small claims.
Should I write to the company and tell them to file it in the court for me to defend or wait for the harassing letters to pour in.
What I don't want is they clamping my car if parked again in any of their other controlled areas as there is a pending charge for them to collect. While the one I initially parked is closed and buildings are developed currently.
Please could anyone be kind to advise. Appreciate your help in advance.
Regards
0
Comments
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Your other post is in the correct forum but it needs to be a new thread not tagged onto the end of another one.0
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You need to post this in the parking forum.0
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Hi Neilmcl
I am lost and deleted a post which I put else where and posted it here.
How to move the above message to parking forum, please could you help.
Or should I start a new thread all together?
Thanks0
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