POPLA appeal failed - advice on next step

pinkwrapper

Hello all and thanks in advance. I have been reading all the very helpful Newbie information, and all your posts – sadly slightly too late…. However, I would love any comments on the situation that follows – theoretical of course.

A friend – we’ll call him Joe – parks his car at a local railway station, pays £8 for 24 hours, and goes off on his train. He collects his car later that day, thinking no more about it. A few weeks later, he gets a letter from the private parking company – we’ll call them Happypark – with ANPR pictures of his car and a demand for £100 for not paying. Joe realises what’s happened – he was driving his late wife’s car that day, but put his own car’s registration into the ticket machine in error. He still has the ticket, and sends a copy to Happypark, with proof that both cars belong to him. He admits he was driving (silly Joe).

Happypark write back, saying ‘tough’, and giving him a POPLA code to appeal.
Joe sends off his POPLA appeal, doubtful of his hopes of success. But he is a stubborn man, and doesn’t intend to pay what he thinks is an unfair charge.

He is getting ready to send the following letter, if POPLA turn him down. What advice would anyone give him on the wording?

TO HAPPYPARK etc,
I have received your letter of 8th XX regarding Case No XX.

As you will know, POPLA’s decision is not binding on me. I have proved that I have paid the correct sum to park my own car at the specified time at the specified car park. The wrong registration number was unwittingly entered; however, the CMA’s Guidance on Unfair Provisions of The Consumer Rights Act 2015 (para 5.14.1)states:
‘It is unfair to impose disproportionate sanctions for breach of contract. A requirement to pay more in compensation for a breach than a reasonable pre-estimate of the loss caused to the trader is one kind of sanction that is liable to be considered disproportionate. Such a requirement may be void to the extent that it amounts to a penalty under English common law’.

NB I consider that ParkingEye Limited v Beavis is not comparable in this case; however, ParkingEye v Heggie would be.

Therefore I consider this matter ended. I will not discuss this further except in a court of law.

Please do not send to me any further correspondence from you, your agents or representatives (including but not limited to Solicitors and Debt-collectors), except in the following circumstances:

1. It is to confirm that this matter is closed
Or
2. It is a formal notice that you are taking legal action. This notice must be sent to me within 14 days of the receipt of this letter. It must contain unredacted records showing that the vehicle registered as JOEXXXX entered the car park on the day in question, to support the fact that £8.00 was accepted by you in payment for this vehicle.

Please be aware that if I receive any further correspondence on this matter from
you, your agents or representatives (including but not limited to Debt-collectors and Solicitors), except in specific regard to the circumstances mentioned above, I will charge a handling fee of £25 per item.
Any further correspondence I receive from you, your agents or representatives will be taken as your acceptance of these terms.

Quentin

The newbies FAQ thread near the top of the forum explains what happens if popla rejects an appeal.

You ignore the debt collectors during their stage and wait and see if they take legal action against you.

They have 6 years to take this action.

pinkwrapper

Thanks Quentin for the speedy response! I'd read the Newbie threads - it was really just to see if anyone had managed to head off those letters by writing their own contract ...

Quentin

Just ignore debt collectors as repeatedly advised throughout here

Redx

pinkwrapper wrote: »

it was really just to see if anyone had managed to head off those letters by writing their own contract ...

I have never , NEVER heard of anything that has been written that stops any debt collector letters - EVER

its inevitable

hence why we tell people to IGNORE the debt collectors

you may as well dress up like Canute and try to stop the north sea tide coming in at the wash

pinkwrapper

Redx wrote: »

I have never , NEVER heard of anything that has been written that stops any debt collector letters - EVER

its inevitable

hence why we tell people to IGNORE the debt collectors

you may as well dress up like Canute and try to stop the north sea tide coming in at the wash

Do you think that might help? I have a crown. Worth a try?

Redx

pinkwrapper wrote: »

Do you think that might help? I have a crown. Worth a try?

a crown wont help but 100 gold doubloons will

pinkwrapper

Redx wrote: »

a crown wont help but 100 gold doubloons will

How about half a crown?:)

Guys_Dad

Should it reach court, then your friend would need a sympathetic judge as he has thrown away all the good appeal points.

For example, if the NtK came more than 14 days after event and he had not admitted being driver..........................
Can't complain about signs as he has admitted knowing about the correct way of paying.

etc etc

Coupon-mad

Joe will lose at POPLA. You can't win by saying that the wrong VRN was put in, because POPLA only look at the sign, think that's a fair contract, and then say 'tough'.

The good thing is, most BPA members at railway stations never try court, and if they do, IMHO most Judges would listen to an honest account and decide that there is no 'legitimate interest' or 'commercial justification' (the things that saved the PE charge in Beavis) in penalising to the tune of £100, a person who inputs his own VRN in error.

pinkwrapper

Thanks so much for the thoughtful replies. Really appreciated. I will update this as it progresses. I know for a fact that Joe will not pay unless instructed to by a court.
It's really annoying that the PPCs seem to have everything their own way.