Ridiculous parking fine; appeals rejected.

Lalo1992

Hi,
I wish I had visited this forum earlier, there's a lot of good information I could've included into my appear.

Here's the breakdown:

1. I park at a private estate for work, i was doing a delivery + had to put together the item delivered (which took several hours). - this was back in July
2. I have previously parked in this complex with no problem, and I had spoken to the security desk several times and they didn't ask me to sign in etc.
3. I received a PCN, emailed the complex company and they asked me to confirm if i was the driver. I did confirm - company: parkingcsl
4. They issued me with a fine and an opportunity to appeal via POPLA
5. I extensively explained the circumstance to POPLA and they still rejected my appeal.
6. today I received an email from POPLA saying i have to pay £100 bla bla
7. I did not give POPLA or parkingcsl my home address nor a telephone number. Just an email address
8. The van was a rental; i was doing some work during the summer to make some money to pay for my university fees - I am a student.


I tried to find a similar situation to mine on the forum and couldn't. I apologise if this a repetitive thread.

Any advice is welcome. I simply cannot afford to pay the fine (nor do i want to!), and i cannot reiterate this fine was unfair and unjust.

Thank you

Redx

whatever the case or merits or bad feelings, its either pay in full, or IGNORE unless the PPC issue an LBC or an MCOL

these are fully covered in the NEWBIES FAQ sticky thread near the top of this forum , including post #4 which is the debt collector stage which is where you are if you dont pay in full

so assuming you are not paying the £100 , you have to sweat it out for 6 years which is when it becsomes statute barred

in the meantime expect debt collector letters, possibly an LBC and possibly an MCOL

there is no "magic bullet" for this

if you feel hard done by, you explain it to the judge, in court

if a judge decides you must pay up, they will issue a judgment and therefore a CCJ , which you should pay IN FULL within one month

Umkomaas

I tried to find a similar situation to mine on the forum and couldn't. I apologise if this a repetitive thread

Do you mean one where the driver was assembling a delivered item? That is likely the only criterion on which your search would fail. The rest is all covered extensively; almost every private parking charge follows the same route!

Anyway. What POPLA told you is incorrect.

I received an email from POPLA saying i have to pay £100

Did they actually tell you that you *have* to pay?

Did Parking CSL actually issue the original ticket? Were they working on behalf of another parking company, if so - which one?

Lalo1992

Umkomaas wrote: »

Do you mean one where the driver was assembling a delivered item? That is likely the only criterion on which your search would fail. The rest is all covered extensively; almost every private parking charge follows the same route!

Anyway. What POPLA told you is incorrect.

Did they actually tell you that you *have* to pay?

Did Parking CSL actually issue the original ticket? Were they working on behalf of another parking company, if so - which one?

I just got a ticket on my van, no idea who put it there, im assuming it's one of the security officers at the private estate.

Umkomaas

Lalo1992 wrote: »

I just got a ticket on my van, no idea who put it there, im assuming it's one of the security officers at the private estate.

Just one answer from three different questions asked. Not bad, but if you really want help, you've got to help us help you. Please read our posts carefully!

Do you still have the ticket? That should tell you who the PPC is.

pogofish

Lalo1992 wrote: »

Hi,

I tried to find a similar situation to mine on the forum and couldn't. I apologise if this a repetitive thread.

Post one of the Newbies Sticky..!

Redx

the PPC should also be listed in the evidence pack that you got from popla , so check their paperwork , especially any NTK or signage photos they included in that evidence pack


because it certainly is NOT parkingcsl, that is DRPL doing back office work from some lazy ppc

Lalo1992

Umkomaas wrote: »

Do you mean one where the driver was assembling a delivered item? That is likely the only criterion on which your search would fail. The rest is all covered extensively; almost every private parking charge follows the same route!

Anyway. What POPLA told you is incorrect.

Did they actually tell you that you *have* to pay?

Did Parking CSL actually issue the original ticket? Were they working on behalf of another parking company, if so - which one?

Sorry, I'll answer thoroughly here:
Yes the driver was assembling a delivered item

Well ParkingCSL was the contact email on the ticket. I dont have the ticket at hand i believe its at my home address.

This is what POPLA said after the appeal was unsuccessful:
In order to avoid any further action by the operator, payment of the parking charge should be made within 28 days. If you would like to pay your parking charge now you can do so by selecting 'make a payment' below.

I'm finding out which company - could you please explain how and if would make a differences (i do apologise for the newbie questions)

Umkomaas

I'm finding out which company - could you please explain how and if would make a differences (i do apologise for the newbie questions)

Yes, certainly.

ParkingCSL cannot sue you in the county court, but the parking company can. We have statistics showing the litigiousness of every PPC, so give us their name and we can tell you what the chances are of a court case against you.

Lalo1992

Redx wrote: »

the PPC should also be listed in the evidence pack that you got from popla , so check their paperwork , especially any NTK or signage photos they included in that evidence pack


because it certainly is NOT parkingcsl, that is DRPL doing back office work from some lazy ppc

I did not receive any pack.. checked my emails several times. Nothing.

This is what POPLA said (they go on about starbucks when this has nothing to do with starbucks, its obvious he copied and pasted this from someplace else... loads of BS!) this did not occur in a starbuck carpark, their lack of detail reflect their inadequate professionalism -

This is their reasoning as to why my appeal was unsuccessful:

I am satisfied that the appellant is the driver and as such, will be considering their liability.The signage at the site states “NO PARKING AY ANYTIME. STRICTLY PICKUP AND DROP OFF ONLY. CAR SHOULD NOT BE LEFT UNATTENDED. Incorrectly CARS PARKED WILL BE ISSUED WITH EITHER PCN (PARKING CHARGE NOTICE) OR POSTAL PCN. IF THESE CONDITIONS ARE NOT COMPLIED WITH A PARKING CHARGE OF £100 MAY BE ISSUED TO THE DRIVER”.

Having reviewed the photographic evidence provided by the operator, I am satisfied there are sufficient signs placed at the entrance and throughout the site displaying the terms and conditions offered with a helpline number to use if a motorist needs assistance.

The operator has provided photographic evidence of the appellant’s vehicle parked at the site on day of the event. From the photographs, it is evident The operator issued a PCN to the appellant due to parking on private land without a valid permit and/or authorisation. The appellant explains they were on a delivery and pick up call at the estate. The appellant says they have previously parked at the concierge area many times without a problem. The appellant says that security told them its fine as the appellant was on call. The appellant says they did not tell them that there is anything to sign. The appellant says the security guard told them the PCN would be revoked as they were on a business call. The appellant says they pickup and delivery can only be achieved at the location.

When we invited the appellant to provide comments on the operator’s evidence, this was not an opportunity for the appellant to raise any new grounds for appeal or to provide any new evidence. As such, any further grounds for appeal raised in their comments cannot be taken into consideration. When looking at appeals, POPLA considers whether a parking contract was formed and, if so, whether the motorist kept to the conditions of the contract.

POPLA cannot allow an appeal if a contract was formed and the motorist did not keep to the parking conditions. - i didn't form a contract????

I must advise that I am not able to take into consideration the actions of the appellant when they have parked at the site previously, my role is to assess whether the PCN has been issued to the appellant correctly. When parking on private land, a motorist forms a contract with the operator by parking their vehicle at the site.


The contract is outlined in the signage displayed at the site, it is the duty of the motorist to review the terms and conditions, and comply with these prior to parking. The contract formed when parking is between the motorist and the operator. Any third party conversation would have no bearing on the contract formed, and no impact on the motorist’s ability to review the terms and conditions, and comply with them, when deciding to park.


If the appellant believes that the Starbucks employee made a mistake, this is something that the appellant may wish to address with Starbucks and not the operator. The operator manages the car park and is not responsible for an internal Starbucks car park registration policy.
- this has nothing to do with starbucks, and also i already took this up with the reception at the complex and they told me to appeal!

I acknowledge the reason why the appellant parked at the site, however, the terms and conditions apply to all motorists that wish to use the site, including delivery drivers. It is the duty of the appellant to ensure that when they have entered a car park that they have understood the terms and conditions before deciding to park. On this occasion by remaining parked at the site the appellant accepted the terms and conditions. As they parked without authorisation, they did not adhere to the terms and conditions. As such, I conclude that the operator issued the PCN correctly.

Umkomaas

You'll need to put some paragraphs into that to make it readable, please. We are dealing with dozens of threads, on the fly, with the need to speed read this stuff.

Many regulars (including me) will just ignore a wall of text and move on to other posters problems.

Make it easy for those trying to help you.