Help Popla appeal failed

Chirop53

Thank you will leave it till the end of the week .. fingers crossed that I hear good news 😊

nosferatu1001

Sadly you did not mention "frustration of contract", which is hat you suffered.

You can google the term.

You have overwhelming (for a civil court) evidence that no money can possibly be owed beyond the point at which the contract to leave the site after X hours was frustrated.

Chirop53

I did mention frustration of contract to my MP and to Ms Lewis car parking manager both were getting back to me , neither have yet !
I have now received letter from ParkingEye
"Without Prejudice Save As To Costs"
Gesture of goodwill reduce amount to £50 if paid within 14 days .
What should I do now , contact and say not paying etc or ignore ?
I think perhaps I should contact manager / MP now I've left it thinking I didn't want to irritate .
But it's preying on my mind now.
Thanks for any advice

Umkomaas

Gesture of goodwill reduce amount to £50 if paid within 14 days .

That is sometimes a sign that they feel they don't have a case sufficiently strong enough to win at court and they're looking for an 'out' without a loss.

Do some searches on here and PePiPoo for ''ParkingEye Without Prejudice goodwill £50' and see if there are any posts about it and how others handled it. I'm sure some held their nerve .... and PE blinked first and discontinued the case.

Ultimately it's your choice, and much will depend on your attitude to risk ..... and how good you are at Poker.

Chirop53

I have no idea how to play poker .. ha!
Contacting retail park manager again tomorrow..
I think I am prepared to fight on
Should I contact ParkingEye and tell them I'm not paying .. could mention frustration of contract / or ignore
My husband is getting proper wound up about it all .. and he's determined I'm not paying .. eek

Chirop53

I have also been advised by someone that seen as I lost with POPLA ParkingEye won't drop it ..

nosferatu1001

Who is that "someone". IF not on pepipoo or MSE then theyre likely NOT as well informed

Ive never seen them reduce the amount where they eventually took it to court. Indeed £50 is lower than some last ditch efforts when they then discontinue the court case.

Yes contact them. Mention the key phrase, that you have evidence of this, and you dont knwo why POPLA rejected it. You epect the notice to be cancelled.

Chase people urgently

Chirop53

Thank you for your advice ..
sent letter to ParkingEye, emailed parking manager and MP
MP replied within half an hour saying he's looking into it in the morning .
Will update when I hear anything else.
So grateful for all the help I don't think I could have done this by myself

Chirop53

Early this evening I received a phone call ( after a request by email for my number) from the manager of the retail park .She thought it was better to phone rather than try and communicate backwards and forwards by email . I had to explain to her what happened after I received the initial parking charge which I duly did , I had already done all this in my previous emails ! She told me she had been in touch with ParkingEye and had spoken to the account manager , who said and I quote " because I had gone through Popla the charge could not be cancelled as they would have to pay Popla now and would not be able to recover their costs " I almost swore but I didn't , my reply was they tell you to appeal to Popla and do you think they should carry on and take me to court then as I won't be paying . I asked her if she thought they would win against a genuine reason , surely it's going to cost them more ? I kept asking her what could I have done , apparently if I had contacted them initially it could have been cancelled. I did say how was I to know ? I also told her my MP was now involved ( I am going to pass on to him what has happened tonight ) Her reply to all this and me getting slightly irate was that she would now contact the land agents to see if they could get it cancelled . She also said that they hadn't come across a situation like mine before and was unsure of what to do .
It ended with her saying she would be back in touch ASAP
It's all so annoying and stressful .

Coupon-mad

apparently if I had contacted them initially it could have been cancelled. I did say how was I to know ?

Exactly - nail. head.

There is a secret agreement for retailers to cancel these (if a shopper asks) but no-one tells the consumers. there is a 'User Manual' with that secret cancellation right in it, at every CS desk of every PE retailer - but NO-ONE tells the shoppers.

There are no signs informing you that it's even an option, nor does the PCN tell you that there is any other route except POPLA.

Point that out to her, and to your MP.

Ask WHY there are no signs to inform people of this exemption route?

She also said that they hadn't come across a situation like mine before and was unsure of what to do.

Wow, she's not the brightest spark, it's hardly a poser. Did she even ask PE what the *costs* were for the POPLA stage? It costs a PPC just £27, approx.

All she needs to do as a Manager is use expenses to settle it. Come on, retailer manager, manage your budget and fork out £30 to shut PE up. Not you, Chirop53, the retail park for not telling consumers of their options. Then get her to sort out some signs for the CS desks and doorways of the shops, telling people about their 'unfair parking charge' cancellation rights as shoppers.

I bet your MP can get their head around that, it's not rocket science how the retail park can resolve this issue for you. Ask the retail park woman why the exemption in the ''User Manual'' is a secret? Because ParkingEye want it to be secret?