Town Quay Marina Southampton £100 Penalty Notice Parking Eye

FoxintheBox

Hi, I feel like a complete mug only consulting the forums now as I have come across lots of good advice regarding appealing a penalty from Parking Eye but maybe in my frustration I have jumped in and initiated all the appeals without first doing my research and now I could really do with your help as I am confused about what I should do next.


At the beginning of November 17 I went to park at the Short stay car parking at Town Quays in what I think was Car Park 2. I parked underneath the signage to check it clearly and it stated that it was for permit holders only mon-fri but public parking tariffs applied outside these hours (fri 7pm - mon 7am). As I was parking on a Saturday I considered this to be abiding by the signage. I then tried to purchase a ticket through the phone operator on the number provided but after following all the instructions I was informed that payment could not be taken at this location. I then contacted the customer service in order to speak to an actual person but the operator said payment could not be taken over the phone as the line was not secure and that I had to retry the automated service again. I did this with the same result. Unable to purchase a ticket, I had no choice but to park in the adjoining car park instead and pay for my stay there. In total, I was there approx. 21 mins and I appreciate that even if I did not leave the vehicle at any point it was still considered parking.


Parking Eye claimed in my penalty notice that I had parked for 21 mins without a ticket which I accept technically that I did. Here's where I now feel stupid. I have already naively identified myself as the driver in my appeal to Parking eye (which was subsequently rejected) and explained that I did everything within my powers to purchase a ticket twice and could prove this with my phone bill/call history showing my 2 calls to the pay phone operator. I accept that I cannot prove I actually spoke to anyone but how can I do that anyway? Furthermore, I have evidence of my all day ticket payment to the other car park from my bank statement (I can see why this is irrelevant because it's not the same car park but my logic is why would I park for 21 mins and then park next door for a substantially higher fee?) Again, I appreciate that this is not their problem and does not change their argument that I parked illegally for 21 mins.


My problem is I have rushed in with an appeal which has been rejected and have already filed my appeal with POPLA, which more stupidity, I now realise is probably doomed to failure because the only categories I felt were relevant were mitigation which I now get the impression is a pointless argument. The only other thing I have is that they claim that I had no right to park there according to the signage but it clearly stated that public parking tariffs apply on weekends. Even if that's upheld, I still did not pay for my stay due to the mitigating circumstances.


My query is what can I do from here? I presume that POPLA will reject my appeal and I am still liable but I really do not feel that I did anything wrong in that I tried as hard as I could to purchase a ticket twice and could not succeed so what other action could I have taken? I am worried that by not being able to prove this (other than I made the calls) that I will have to pay the fine regardless.


Is it worth contacting the head office/CEO of Associated British Ports as I believe they are the landowners (I read in another thread that contacting the land owner could prove fruitful). At the moment, I am trying my best to read/interpret all the advice but am finding it overwhelming.


I would appreciate advice as to what would be my best course of action. Thanks for reading.

Quentin

What to do if popla rejects your appeal is covered in the Newbies FAQ thread near the top of the forum

Unfortunately you have crossed a litigious outfit so expect them to pursue this all the way

If you do get Court correspondence or a letter before court action then come back for advice on how to deal with this at the time

Coupon-mad

Did you even attach your evidence?

I have already naively identified myself as the driver in my appeal to Parking eye (which was subsequently rejected) and explained that I did everything within my powers to purchase a ticket twice and could prove this with my phone bill/call history showing my 2 calls to the pay phone operator. I accept that I cannot prove I actually spoke to anyone but how can I do that anyway?

Furthermore, I have evidence of my all day ticket payment to the other car park from my bank statement (I can see why this is irrelevant because it's not the same car park but my logic is why would I park for 21 mins and then park next door for a substantially higher fee?)

What you describe HAS won at POPLA before. But did you show POPLA the evidence above - if you didn't you CANNOT add it.