Paybyphone website wasn't working and now I've got a ticket

Nukacola

Hello! I've searched through threads and can't find a situation similar to mine so I hope it's okay to post this.

As the title says, I parked in my usual car park and was unable to pay. The website wasn't working and the app wasn't working. I tried a number of times on my phone and work laptop.

Once I got to work I contacted pay by phone by email who confirmed that the website was down and that I could pay by calling up. When I was able to call, the automated voice asked for a registration number which I do not have. I was eventually able to pay on the website after trying for hours (which was quite disruptive to my work day). I paid the same amount as I would have paid had the website been working in the morning.

Got back to my car and had a parking ticket. Paybyphone said they don't deal with tickets so I applets to PCN Parking Solutions on behalf of Parking Solutions 24 Limited.

I attached email evidence from paybyphone confirming that their website wasn't working and that I paid for my ticket as soon as I was able to. PCN said:

Whilst we note the contents of your appeal, these amount to mitigation and are not sufficient to discharge your liability. The onus is on the motorist to ensure that a valid Pay and Display ticket or permit is on display at all times. If unable to acquire these, then an authorised PayByPhone session needs to be registered against the material vehicle.

I don't think I'm in the wrong, but understand my appeal to POPLA needs to be worded carefully and I'm worried about saying the wrong thing! Please can you help?

Many thanks.

Fruitcake

It's a shame you gave away the driver's identity, but that can't be helped now.

Use all the appeal points available to you from post 3 of the NEWBIES and post your draft here for checking before you submit it. Frustration of contract will be one of these points. Do a forum search (set to search posts) to find other examples.

Get pictures of the entrance and signage, especially anything about pay by 'phone and whether there is a time limit on paying by this method.

What happened when you complained to the landowner?

Please don't forget to complain to your MP and the MP where this car park is located about this unregulated scam as per the advice in the NEWBIES.

Umkomaas

If you have your POPLA Code start working on your draft appeal by following advice in the NEWBIES FAQ sticky, post #3.

I presume by what you've said above, that you've identified the driver when you've written to the PPC?

I don't think the mitigation you've written will have much impact at POPLA. They are likely to say that, if the PPC signage indicated, if you were unable to make payment, you should have left the car park and parked elsewhere, so the charge was issued correctly. Harsh, maybe unfair, but the likely reality if you intend to rely on it with POPLA.

So you've got to find other weak points in the PPC's case, like signage, their authority to issue charges, their contract with the landowner and if you haven't actually revealed the identity of the driver, using PoFA where possible to protect you as the vehicle's keeper.

But signage is potentially your key argument, so you need to get photos, especially ones that show in detail the wording on them.

Come back after your research and let us see your POPLA draft.

You should note that PS24 are entirely benign in terms of litigation.

http://www.parkingappeals.info/companydata/Parking_Solutions_24.html

Nukacola

Thanks for your replies. I'll check out the newbies post and get some pictures sorted!

Coupon-mad

Along with the usual POPLA template points, show this evidence with your POPLA appeal:

Once I got to work I contacted pay by phone by email who confirmed that the website was down and that I could pay by calling up. When I was able to call, the automated voice asked for a registration number which I do not have. I was eventually able to pay on the website after trying for hours (which was quite disruptive to my work day). I paid the same amount as I would have paid had the website been working in the morning.

Sounds like you've already blabbed about who the driver was - NEVER do that again!