Help Popla appeal failed

Coupon-mad

Yes, go for it. If PE do try a small claim, your case is well worth defending in a proper court.

Chirop53

Dear Ms . Lewis
I am writing to you regarding a parking charge I received from ParkingEye whilst being parked at Forster Square retail park on 31/03/17 . The charge is due to an overstay as a result of me having a flat tyre ! I entered the carpark at 10:48:36 and left at 14.29.34 I discovered the flat tyre at approx 13.15 ( pointed out by a member of the public ) as I went to leave the retail park . Obviously I could not drive as this is both dangerous and illegal on a public highway ! I contacted my husband who was working in Keighley by mobile phone at around 13.30,so he could come and help me . Being 10 miles away and on a Friday it took around 40 mins to arrive . In the meantime I text my daughter to tell her I was stuck and also had to go and purchase a phone charger from Asda as my battery was almost dead ! On this day I had an appointment booked at 14.30 at Skindustry in Bingley I realised as time went on I wasn't going to make it , I phoned and also text to explain what had happened . When my husband arrived he entered the carpark and drew alongside and preceded to inflate my tyre , then followed me directly to Bingley where I had the tyre repaired at the Star Garage Whiteley Sreet Bingley .
I would hope you can see from this explanation this was totally out of my control and could not possibly leave the carpark till the situation was sorted . After getting the parking charge from ParkingEye I appealed and explained sending printouts of the text messages and a letter from my husband , plus I got an email from Skindustry confirming the cancellation and reasons why .

I cannot understand how you can let a parking operator act like this ? Surely this is an example of Frustration of contract ? Definition: a frustrated contract is a contract that , subsequent to its formation , and without fault of either party , is incapable of being performed due to an unforeseen event ( or events) resulting in the obligations under the contract being radically different from those contemplated by the parties to the contract
Therefore my flat tyre resulting in the contract being void !
I attach the email / text msg photos as proof

I wish to complain about how this whole situation has been handled and feel that ParkingEye are rogue operators who are not willing to listen to any just reason why a parking overstay occurred . This charge should have been cancelled no question . I would assume you are in control of the parking agent and can get this cancelled ? I have contacted my local MP regarding this and am prepared to go the local press
I await to hear from you

This is my email to manager at carpark is it ok ?
Also heard back from my MP who is going to make ' strong representations on my behalf '

Coupon-mad

I would change it a bit from this point on:

After getting the parking charge from ParkingEye I appealed and explained sending printouts of the text messages and a letter from my husband , plus I got an email from Skindustry confirming their support for cancellation if the PCN, and the reasons why.

Your contractor refused the appeal, ignored the cancellation request from Skindustry and pushed me to 'POPLA' (independent appeal) stage, where I now discover - and of course, ParkingEye knew - that mitigating circumstances are not within that services' remit to allow. Needless to say, I lost that appeal too I now realise I could not have won at that stage. I now know that POPLA consider that proper consideration of mitigating circumstances (such as a flat tyre or similar breakdown beyond a driver's control) is the remit of the parking company and landowner.

Yet I had already made an honest appeal, and showed the right evidence, and made strenuous complaints in the first instance. Kindly follow this up assertively with your rogue agent and please, do not reply to tell me the usual lie from Parking Eye, that it is 'too late' to cancel the PCN due to the case going through POPLA. I have been forced to extensively research this nasty company and I am fully aware that they can in fact cancel at any stage.

I cannot understand how you can let a parking operator act like this ? Surely this is an example of Frustration of contract ? Definition: a frustrated contract is a contract that , subsequent to its formation , and without fault of either party , is incapable of being performed due to an unforeseen event (or events) resulting in the obligations under the contract being radically different from those contemplated by the parties to the contract. Therefore my flat tyre resulting in the contract being void!

I attach the email / text msg photos as proof.

I wish to complain about how this whole situation has been handled and feel that ParkingEye are rogue operators who are not willing to listen to any just reason why a parking overstay occurred . This charge should have been cancelled no question. I would assume you are in control of the parking agent and can get this cancelled ?

I have contacted my local MP regarding this, who is going to make 'strong representations on my behalf ' and I am prepared to go the local press.

Apparently, the next stage is that ParkingEye sue drivers, regardless of mitigation, disability or circumstances outside of their control. Should they do so, I intend to recover any loss I suffer from your company, due to contracting a notoriously unsuitable and aggressive parking firm who ignore shopper's genuine appeals.

I await to hear from you within seven days because time is of the essence and this whole farce is causing us extreme distress.

Chirop53

Thank you so much for your help .. All sent will update when I hear

Chirop53

This is the reply from POPLA .
Also had a reply from manager of retail park asking to see the parking charge have sent photo !!

Thank you for your email.

I note you have stated within your email that you believe your appeal should have been referred back to the operator on the grounds of mitigation. Whilst I acknowledge these comments and the evidence you provided. However, we would not look to pass the appeal back to the operator on the evidence you provided. We would only look to pass the appeal back if there was physical evidence for example a repair sheet from a breakdown company. While I acknowledge the evidence this does not prove that the vehicle could not be moved off the site.
If you were unable to comply with the terms and conditions there is also a number on the signage that you could have called to advise the operator of the issues.

While I appreciate this is not the outcome you had hoped for, it is final and there is no further opportunity to appeal.

For confidential and impartial advice, you may wish to contact Citizens Advice: [or call 0345 404 0506 (English) or 0345 404 0505 (Welsh).

Kind Regards,
Gemma West
POPLA Team


POPLA administered by The Ombudsman Service Limited

Coupon-mad

Dear POPLA Team,

Where does the POPLA Annual report and ISPA's recommendation to POPLA say that a breakdown needs a certain type of evidence? POPLA is well-known to accept and swallow without question, 'witness statements' in lieu of real evidence from the parking industry, so is there one rule for your paymasters and another for the beleaguered UK public?

When people complain to POPLA, does POPLA EVER agree with the consumer and admit fault? In the public domain on forums it has NEVER been shown for this POPLA service to ever agree with a complaint, yet the previous London Councils one did.

How often does this POPLA service do so?

I was not even asking for the decision to be reversed, merely for POPLA to follow your own Lead Adjudicator's stated policy and refer a case of mitigation back to the parking scammer.

Are you all specifically trained on how to fob off the general public, and where the 'PE v Beavis case says no, despite the fact the Supreme Court case has no relevance to the case in hand' button is? Nothing else matters, it seems, your website questions were even apparently written by the BPA for you, and POPLA has never changed them to a more suitable set of appeal reasons relevant to a keeper.

Half_way

has the manager got back in touch?

Chirop53

Should I send this ??
Off to the garage tomorrow to get an invoice !

Chirop53

Manager has got a photo of parking charge so just waiting didn't send it till this afternoon as I was working when the email came through this morning.
I have had an email from my MP he's looking into it !

Geoff1963

Did the parking area have continuous CCTV ? If it did, it would have shown the events being claimed ; so it can't have.
If a flat tyre ( or two, since most of us have 1 spare ) would be enough to trigger a massive parking charge, that gives a strong incentive for some unscrupulous operator to let down the occasional tyre, or leave some screws lying about.

They wrote back 27/04/17 saying " you advise you had difficulties with your vehicle please provide evidence "

and yet such evidence was irrelevant . . .

Even if a motorist presents circumstances setting out reasons why they did not keep to the parking conditions, POPLA cannot allow an appeal if a contract was formed and the motorist did not keep to the parking conditions.

. . . so why ask for it ?