Post-POPLA rejection - can landowner request cancellation?

davidfosterwallacefan

Short version: They got me, I used the wrong app and paid for the council car park next door, instead of the beach car park, owned by the hotel (of which I was not a patron on this visit, although I have eaten there in the past). D'oh! £90 PCN.

Appealed to Parking Eye, then POPLA, thinking that I'd had valid parking. Didn't realise the mistake until it was pointed out in the POPLA rejection letter. Parking Eye didn't point this out at any stage.

Also slipped up and used 'I' once in my POPLA appeal too (I had to write it whilst on holiday and in a rush), so have admitted that I was driving, which POPLA acknowledged in their response. Facepalm.

Was thinking that I'm fairly stuffed, but remembered that I have paid for parking there (with the right app!) 13 times over the last 18 months (which I can prove it via £60+ worth of PayByPhone receipts).

I emailed landowner (the hotel) explaining the situation, and they appear to be sympathetic, but seem to be under the impression that as the car park is managed by Parking Eye, then they can't do anything about it. I believe this to be genuine rather than a brush-off.

So I think will a little pleading/encouragement/information, they may well be willing to do what's needed to 'cancel' it. Is this worth pursuing? Am I right in thinking that I just need a letter/email from them, telling me that it is cancelled, which I can forward to PE enforcement to end the matter?

Advance thanks for any/all help/suggestions

Redx

a landowner cancellation is always the best option, at any time , regardless

so yes, go for it , no need to even ask, just do it


if they cannot get PE to back off, get them to sign and date a WS which says that they do not wish this to go to court

davidfosterwallacefan

Thanks Redx, that's great news! newbie question: the witness statement could just be a copy of their email to me saying that they cancel the PCN and do not wish this to go to court?

Fruitcake

davidfosterwallacefan wrote: »

Thanks Redx, that's great news! newbie question: the witness statement could just be a copy of their email to me saying that they cancel the PCN and do not wish this to go to court?

Yes. Anything in writing to that effect is a statement of fact or intent. If you have such a thing, then send a copy of it to Parking Lie stating that since the landowner does not want/does not allow this to go to court, the PCN should now be cancelled.

davidfosterwallacefan

Fantastic! I will pursue this

Fruitcake

Please let us know the outcome, good or bad.

Please also help us by complaining to your MP about this unregulated scam.

davidfosterwallacefan

Will do on both counts!

The_Deep

but remembered that I have paid for parking there (with the right app!) 13 times over the last 18 months

I very much doubt that PE operate a loyalty scheme, learn about the industry here.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..

Umkomaas

The_Deep wrote: »

I very much doubt that PE operate a loyalty scheme

Quality!

Razor sharp this morning TD.

davidfosterwallacefan

Success! The landowner just got the PE PCN cancelled

Thanks for the help/encouragement everyone. I guess the landowner DID consider me a loyal customer

beamerguy

davidfosterwallacefan wrote: »

Success! The landowner just got the PE PCN cancelled

Thanks for the help/encouragement everyone. I guess the landowner DID consider me a loyal customer

Way to go :T have you got that in writing ?

The landowner, the CEO etc are all points of a complaint

With the new bill in the house passed today, now awaiting the Lords

Once it is law, we will add another complaint to use ... complain to the DVLA to get the parking company banned from access