POPLA decision unsuccessful advice/help

AMK077

Hi, I'm looking for some advice/help as to whether I should pay the PCN as my POPLA appeal was unsuccessful. I paid for parking but only entered the last three digits of my VRM. I thought I had entered the full VRM, but must have pressed the keys too quickly. See details below. Please remove/delete if I should have posted this in another thread. Many thanks in advance.

Decision Unsuccessful
Assessor summary of operator case
The operator issued a Parking Charge Notice (PCN) because the appellant did not purchase the appropriate parking time using the correct Vehicle Registration Mark (VRM), in breach of the terms and conditions of the signage.

Assessor summary of your case
The appellant’s case is they was they bought a ticket but for some reason only the last part of the VRM was recorded.

Assessor supporting rational for decision
The operator has provided evidence from its Automatic Number Plate Recognition (ANPR) system. This evidence shows the appellant’s vehicle entered the car park at 15:03 and exiting at 15:28. From this I am satisfied the appellant had remained at the site for a total time of 24 minutes. The operator has provided evidence of signage at the site. The signage states: “PAY AT METER … Enter the FULL and correct vehicle registration into the payment machine when paying the tariff … £100 Parking Charge Notice will be issued to vehicles which: … fail to purchase a valid ticket or permit” I appreciate the appellant made a payment with the expectation of purchasing parking time, entering their VRM. However, the appellant did not enter the full VRM. The operator has provided evidence of other VRMs having been entered correctly around the time of the parking event. From this, I conclude that the machine was functioning correctly. The terms and conditions specify the full VRM must be entered. They also state PCNs will be issued for failure to comply with them. Ultimately, it is the motorist’s responsibility to ensure they follow the terms and conditions. When looking at appeals, POPLA considers whether a parking contract was formed and, if so, whether the motorist kept to the conditions of the contract. POPLA cannot allow an appeal if a contract was formed and the motorist did not keep to the parking conditions. By entering the site, the appellant accepted the operator’s terms and conditions. By remaining on the site in excess of the purchased parking time using the correct VRM, the appellant failed to comply with the terms and conditions of the site on this occasion. Therefore, I can only conclude that the PCN was issued correctly

The_Slithy_Tove

No, you don't pay. You do nothing.

If, and only if you get a Letter Before Claim or actual court papers do you act.

You paid. The PPC has made no loss, and would have no case. Allegedly breaching some terms does not make a £100 charge reasonable.

Who was the PPC?

fisherjim

POPLA's decision is only binding on the PPC Muppets, you can ignore and see what happens, the very least to expect is a barrage of scrap paper from silly debt collectors which can be ignored.

It would help if you name the PPC though and the regulars will give an idea of how litigious they might be.

The_Deep

I am puzzled. The Popla assessor says this

By remaining on the site in excess of the purchased parking time using the correct VRM ...

But you tell us this

I paid for parking but only entered the last three digits of my VRM ...

Both cannot be true.

The_Slithy_Tove

The_Deep wrote: »

I am puzzled

Were you expecting consistency and thoroughness from the new copy-n-paste standard paragraphs without thought POPLA?

fisherjim

The_Deep wrote: »

I am puzzled. The Popla assessor says this

By remaining on the site in excess of the purchased parking time using the correct VRM ...

But you tell us this

I paid for parking but only entered the last three digits of my VRM ...

Both cannot be true.

The POPLA dummy also said:

The appellant’s case is they was they bought a ticket but for some reason only the last part of the VRM was recorded.

It would appear that POPLA are now incapable understanding their own text to make the correct decision!

AMK077

Thank you for your replies. The PPC is Britannia Parking.
The ticket I bought was valid until 16:06 so I didn't remain on the site in excess of the purchased parking time! I did only enter the last three digits of my VRN. I have the ticket and uploaded it as part of the appeal to POPLA.

Umkomaas

Only a judge can order you to pay this, until then, there's no compulsion on you to do so.

In order for a judge to order this, Britannia would have to sue you through the small claims court. They are decidedly shy in opening court cases - see the following link.

http://www.bmpa.eu/companydata/Britannia_Parking_Group.html

And with such a shaky case as yours, I can't see them rushing to have a judge rip them a new one.

You may have to put up with debt collector letters (totally harmless, other than the irritation factor). Come back in the unlikely event of getting court papers.

Coupon-mad

Oh, LOL, it's only Britannia!

Haha, no-one pays them and you must have tried exceedingly hard to be the only person we've seen lose a POPLA appeal against them... sorry, but it is true. They are considered to be an absolute pushover at POPLA, given the right appeal. I can't recall ever reading of a Britannia case lost at POPLA. Trouble was you talked about the story of what happened (mitigating circs) the exact opposite of how this should have been appealed to POPLA by the registered keeper (not driver).

Next time research it here first!

Never mind, they are not litigious and if they ever tried, I would suggest they will also be a pushover, given the right defence. Don't hold your breath expecting court because Britannia don't sue.

Please no updates about the debt collector letters, just read about them. Boring subject already done to death, no worries.

AMK077

Thank you for your reply. Out of interest, how should it have been appealed?

Coupon-mad

Like this, from a poster who came here first, read the NEWBIES thread and followed the advice:

https://forums.moneysavingexpert.com/discussion/5620863

And I recently wrote a first appeal for a friend v Britannia and they cancelled within days, straight away. Again, it was written as the registered keeper pointing out that Britannia don't use the POFA Schedule 4 wording to hold a keeper liable and that the signs didn't exist and the photo evidence was pants. Scam over within a week.