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POPLA Appeal Rejected - Please Help
mrz
Posts: 4 Newbie
Hi I have appealed a PCN to POPLA (without looking at this forum first!) and got my appeal rejected. Can you help me with two questions:
1) how long do I have before I have to pay the PCN to avoid a CCJ?
2) Is there anything I can do to have the decision overturned?
I don't seem to be able to retrieve my original statement to POPLA but the facts are these: I parked at the location and paid using the app but selected the incorrect number plate. I paid within 10 minutes of arrival and did not overstay as I paid for 24 hours. Surely this counts as having paid especially as the signs in the car park do not state anything about selecting the correct registration number? I did not realize my mistake until I received the PCN but did not think of saying this in my initial statement. This is also the essence of what I wrote in my appeal.
The grounds for rejection were:
The site operates Automatic Number Plate Recognition (ANPR). The appellant’s vehicle registration, XXXX XXX, was captured entering the site at 09:19 and exiting at 14:38. The appellant remained at the site for a period of five hours and 19 minutes. The terms and conditions at the site state “PAYMENT MUST BE MADE WITHIN 10 MINUTES OF ARRIVAL FOR THESE DISCOUNTED RATED. These parking terms apply 24 hours a day.” There are signs placed at the entrance and throughout displaying the terms and conditions offered. There is helpline number on the signage to use if a motorist has any concerns about the site. The operator issued a PCN to the appellant as the appellant failed to purchase parking. The appellant states she paid for the full duration of her stay using the phone and pay app, however, she mistakenly selected the incorrect vehicle as there are two vehicles registered on her account. The appellant has provided a screenshot to show she fully paid for parking. The operator has provided a copy of a system generated print out that shows that insufficient parking was purchased on the date of the event. I note the appellant’s comments and the evidence provided to support their reason for parking at the site in question. I further note that the appellant was a genuine visitor to the site on the date of the event. Whilst I appreciate the appellant has provided a screenshot to show she purchased parking time, however, this was for the vehicle registration XXXXXX and not for XXXX XXX. As such, the appellant has failed to comply with the terms and conditions of the site. In order for a warden to assess if a vehicle is parked in accordance with the advertised terms and conditions a valid payment would need to be made for duration of stay. On this occasion the warden has issued a PCN as the appellant failed to comply with the terms offered. The terms and conditions of the contract are outlined in the signage advertised at the car park. When assessing appeals we determine whether a parking contract was formed and, if so, whether the motorist kept to the conditions of the contract offered. POPLA cannot allow an appeal if a contract was formed and the motorist did not keep to the parking conditions. By remaining parked the appellant has accepted the terms and conditions offered but failed to adhere to them. As such, I am satisfied the PCN has been issued correctly. Accordingly I must refuse this appeal.
Any advice will be gratefully received.
PS the evidence of underpayment submitted by the operator was a printout showing my full payment for the incorrect vehicle.
1) how long do I have before I have to pay the PCN to avoid a CCJ?
2) Is there anything I can do to have the decision overturned?
I don't seem to be able to retrieve my original statement to POPLA but the facts are these: I parked at the location and paid using the app but selected the incorrect number plate. I paid within 10 minutes of arrival and did not overstay as I paid for 24 hours. Surely this counts as having paid especially as the signs in the car park do not state anything about selecting the correct registration number? I did not realize my mistake until I received the PCN but did not think of saying this in my initial statement. This is also the essence of what I wrote in my appeal.
The grounds for rejection were:
The site operates Automatic Number Plate Recognition (ANPR). The appellant’s vehicle registration, XXXX XXX, was captured entering the site at 09:19 and exiting at 14:38. The appellant remained at the site for a period of five hours and 19 minutes. The terms and conditions at the site state “PAYMENT MUST BE MADE WITHIN 10 MINUTES OF ARRIVAL FOR THESE DISCOUNTED RATED. These parking terms apply 24 hours a day.” There are signs placed at the entrance and throughout displaying the terms and conditions offered. There is helpline number on the signage to use if a motorist has any concerns about the site. The operator issued a PCN to the appellant as the appellant failed to purchase parking. The appellant states she paid for the full duration of her stay using the phone and pay app, however, she mistakenly selected the incorrect vehicle as there are two vehicles registered on her account. The appellant has provided a screenshot to show she fully paid for parking. The operator has provided a copy of a system generated print out that shows that insufficient parking was purchased on the date of the event. I note the appellant’s comments and the evidence provided to support their reason for parking at the site in question. I further note that the appellant was a genuine visitor to the site on the date of the event. Whilst I appreciate the appellant has provided a screenshot to show she purchased parking time, however, this was for the vehicle registration XXXXXX and not for XXXX XXX. As such, the appellant has failed to comply with the terms and conditions of the site. In order for a warden to assess if a vehicle is parked in accordance with the advertised terms and conditions a valid payment would need to be made for duration of stay. On this occasion the warden has issued a PCN as the appellant failed to comply with the terms offered. The terms and conditions of the contract are outlined in the signage advertised at the car park. When assessing appeals we determine whether a parking contract was formed and, if so, whether the motorist kept to the conditions of the contract offered. POPLA cannot allow an appeal if a contract was formed and the motorist did not keep to the parking conditions. By remaining parked the appellant has accepted the terms and conditions offered but failed to adhere to them. As such, I am satisfied the PCN has been issued correctly. Accordingly I must refuse this appeal.
Any advice will be gratefully received.
PS the evidence of underpayment submitted by the operator was a printout showing my full payment for the incorrect vehicle.
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Comments
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Forever, you can and should sit tight, and only ever have to pay if the PPC don't win in court against you in the end (even then if you lost and then paid, you STILL get no CCJ recorded on the register at all).1) how long do I have before I have to pay the PCN to avoid a CCJ?
And we win 99% of defended claims, on here. The best win rate anywhere v private parking firms.
Nope, your appeal was doomed because you appealed before coming here and wasted your appeal talking about the wrong things, and you gave away who was driving to boot.2) Is there anything I can do to have the decision overturned?
Which PPC? Some never sue anyone, e.g. Euro Car Parks, Britannia, etc.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
1) how long do I have before I have to pay the CCJ if I lose in the small claims court and a judge orders a sum to be paid in full to the claimant in order to avoid an actual CCJ being filed by the court in default ?
I have amended your quote above and also answered the above below because this is the real issue here
28 days
as mentioned above by CM, in theory you can ignore it forever, but the statute is 6 years because the PPC (whoever they might be) has 6 years to issue a court claim (an MCOL)0 -
Coupon-mad wrote: »Forever, you can and should sit tight, and only ever have to pay if the PPC don't win in court against you in the end (even then if you lost and then paid, you STILL get no CCJ recorded on the register at all).
And we win 99% of defended claims, on here. The best win rate anywhere v private parking firms.
Nope, your appeal was doomed because you appealed before coming here and wasted your appeal talking about the wrong things, and you gave away who was driving to boot.
Which PPC? Some never sue anyone, e.g. Euro Car Parks, Britannia, etc.
PPC is Civil Enforcement
Do you have good news about them not suing?0 -
at the moment they are issuing hundreds if not thousands of court claims
they may throw in the towel on contested ones, but at the moment this forum is awash with CEL court claims and people fighting back0 -
Why do you need news? Their claims are all over the forum and we always get them to discontinue. READ CEL THREADS!PPC is Civil Enforcement
Do you have good news about them not suing?
You win, in the end...read up on it in readiness.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Erm...I am totally new here, where is this thread?0
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Single thread, or the last 100 about CEL?
No links, go and read other threads.
It's what a forum is for, read it first, read other threads about your parking firm, then ask on your own thread if stuck.
See my signature that even tells you where to click to get to page one...one click. Look at my words below...PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Just go back to the board index and look down the list of thread titles.Erm...I am totally new here, where is this thread?
At this precise moment, you will find CEL or Civic Enforcement in the title of eight out of twenty threads on just the first page alone of the index.
Other threads on the first page - like yours - are about CEL but don't mention it in the title.0 -
Guys, thank you very much for pointing me in the right direction, but I must say I do find you more intimidating than the aggressive parking operators, with all the acronyms and cross references.
You provide an amazing free service but you might be putting people off. I am only saying to provide some friendly feedback. Hope nobody gets offended.
Thank you again :-)0
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