POPLA Appeal Refused. Worth taking further?

pemmo

Hi. I was issued with a PCN from Premier Park following a stay in their carpark in Brixham back in May. Although we did purchase a ticket covering the full duration of our stay, my wife purchased the ticket and accidentally entered the registration number of her car rather than the one we were travelling in.

I initially appealed to Premier Park who are a BPA member and when that failed, I appealed via POPLA.

They rejected my appeal on the grounds that the incorrect reg was entered and so Premier Park couldn't determine whether we had paid, although if they had checked their camera records and payments made they would see that the a ticket was purchased for my wife car although it never entered the site. POPLA also quoted the obvious ParkingEye - vs - Beavis case as justification.

BTW, I also have a photo of the ticket which I took at the time as a reminder of the expiry time and I sent this to them.

My question is whether it is worth taking this further and risking a trip to small claims court?

I had read about a counter case ParkingEye-vs-Cargius where it was successfully argued that the charge was invalid as it was a paid carpark not a free one as with the Beavis case, so I wonder whether this argument would work.

Any help gratefully received.

pemmo

BTW, we also spoke to Citizens Advice but they just said to pay up and then write to our MP!

Redx

CAB have no idea whatsoever , ignore them

a good idea to complain to your MP and ask them to support the new private members bill going through parliament

its your choice but no reason why you cannot leave it until you get an MCOL from Northampton CCBC and then argue it out in court, where hopefully a judge will find in your favour

PP have 6 years to take this to civil court

Coupon-mad

My question is whether it is worth taking this further and risking a trip to small claims court?

It may never happen, but I would!

PP are not prolific with claims:

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

... and this circumstance is one worth throwing into the DJ court lottery, should they try. The Beavis case can be fully distinguished in a defence, and in many ways it doesn't support/excuse their penalty.

Think about it, if you'd not bothered to try POPLA, and instead ignored it, you would not be thinking about paying now. So don't. The only *risk* is losing at a hearing and being told to pay about £175, instead of £100. Not a huge risk and no CCJ even if the case was lost.

And we win 99% of the time in small claims, when posters stick around and get assistance from defence right through to including WS and evidence, and at hearing stage.

We feel the same as you, and it's why we regulars come back here for free, in our own time every day.

Please also complain to your MP, now is the time to support the Bill going through Parliament:

https://forums.moneysavingexpert.com/discussion/comment/73050249#Comment_73050249

http://parking-prankster.blogspot.co.uk/2017/03/parliament-discuss-unfair-parking.html

https://forums.moneysavingexpert.com/discussion/comment/72971855#Comment_72971855

pemmo

Thanks for the fast and helpful response. It sounds like I should fight it out. Certainly don't feel like we have done anything wrong and no loss on their part.

beamerguy

pemmo wrote: »

BTW, we also spoke to Citizens Advice but they just said to pay up and then write to our MP!

THE CAB are as useless as a toothbrush with no bristles ?

It seems of late that the CAB have been selling their used
toothbrushes to POPLA

For goodness sake don't POPLA understand about the
Beavis case .... who on earth trains these defunct assessors ?

Guys_Dad

pemmo wrote: »

Thanks for the fast and helpful response. It sounds like I should fight it out. Certainly don't feel like we have done anything wrong and no loss on their part.

You DID do wrong and that's why you get a ticket. Your wife entered the wrong registration number and got permission for another car to park there, not the one that actually parked. Try turning up at an airport with a ticket with your wife's name on it when it's you who is travelling.

Putting that aside, I understand your frustration and the fact they have lost nothing. But do you really expect them to search through any pictures in order to lose their £100?

No, I am with c-m and do nothing unless you get court papers. Then it becomes a lottery depending upon which judge you get. Your defence would be mitigation which some are sympathetic to, whilst others are not. PPCs never entertain mitigation.

nosferatu1001

No, the defence isn't mitigation. The defence is that entering the "wrong" VRM cannot possibly justify the charge.

[Deleted User]

Let's see what they plead:

We suffered no financial or other losses at all nor did you overstay without paying but we'd like £100. That won't fly...

pemmo

Thanks for the responses. They have written me a follow-up letter asking again for the £100 and of course threatening the court action.

Is it worth writing back at this stage do you think or simply wait until they take court action, if they do?

RobinofLoxley

Out of interest which car park in Brixham was this?