I believe I got a ticket thanks to a faulty machine, but my appeal was rejected

KeithP

Do you not now have the opportunity to rebut the operator's submission?

blizeH

@KeithP thank you, yes I did Unfortunately though my appeal with POPLA was unsuccessful:

Decision Unsuccessful

Assessor summary of operator case
The operator’s case is that the appellant parked without clearly displaying a valid pay and display ticket.


Assessor summary of your case
The appellant’s case is that he went to the machine and entered his vehicle registration details, he used the contactless payment option and a payment was taken of £7.50. The machine did not issue a ticket, he believed that a valid payment was made.


Assessor supporting rational for decision
The appellant has indicated that he was the driver on the date of the contravention. I will therefore be considering his liability as driver of the vehicle. When it comes to parking on private land, a motorist accepts the terms and conditions of the site by parking their vehicle. The terms and conditions are stipulated on the signs displayed within the car park. The operator has provided both PDF document versions and photographic evidence of the signage displayed on site. The signs state “A Parking Charge Notice may be issued for failure to comply with the terms & conditions. This includes the following breaches: Failure to pay all the charges due for your parking.” The operator has provided a copy of a system generated print out that shows that no parking was purchased on the date of the event. I note the appellant’s comments and their reason for parking at the site in question. However, in their appeal the appellant has not provided any evidence to support their submission. On this occasion, the appellant has failed to follow the terms and conditions offered at the site. I acknowledge the appellant’s comments, however, no payment was made for duration of stay. Therefore, he has breached the terms and conditions. Ultimately, it is the responsibility of the motorist to ensure that when they enter a car park, they have understood the terms and conditions of parking. If the appellant suspected that the terms and conditions of the site could not be complied with, there would have been sufficient time to leave the site without entering into a contract with the operator. By remaining parked on site, the appellant accepted the terms and conditions. On this occasion, the appellant has failed to follow the terms and conditions of the signage at the site. I conclude that the operator issued the Parking Charge Notice correctly. Accordingly, I must refuse this appeal.

What would you guys recommend as my next step please? I've read the sticky thread but I'm unsure. POPLA suggested to go to my citizens advice bureaum but the sticky thread says that they usually give terrible advice and to avoid, so I guess that's not worth pursuing.

Thank you

KeithP

blizeH wrote: »

What would you guys recommend as my next step please?

All detailed in the NEWBIES thread, but in summary - ignore all debt collectors letters and post again on this thread if ever you receive a Letter of Claim or official court correspondence and you require further assistance.

Umkomaas

Assessor summary of your case
The appellant’s case is that he went to the machine and entered his vehicle registration details, he used the contactless payment option and a payment was taken of £7.50. The machine did not issue a ticket, he believed that a valid payment was made.

However, in their appeal the appellant has not provided any evidence to support their submission.

Did you not send a copy of your credit card statement confirming this?

The POPLA decision is not binding on you. The CAB is not the place to go for any advice that positively assists you in this.

You might get a small claim threat letter from BW Legal, followed in due course by formal court papers. Do preparation for that event by reading the NEWBIES FAQ sticky, post #2 which covers all matters 'court'.

blizeH

Thank you guys!


Yes I did send a screenshot of my statement clearly showing the £7.50 fee.


Will re-read the newbies thread, specifically post #2, thank you.

Umkomaas

blizeH wrote: »

Thank you guys!


Yes I did send a screenshot of my statement clearly showing the £7.50 fee.


Will re-read the newbies thread, specifically post #2, thank you.

Well, if they are saying you provided no evidence, you should complain to John Gallagher Lead Adjudicator that clearly the assessor has failed in their adjudication process. They may come back and say, 'Well, you didn't display the ticket', but that's not what they turned your appeal on.

nigelbb

Coupon-mad wrote: »

Of course.

If you ignore it, NCP might try a small claim against you and thereby stress and harass you. NCP claims are on this forum right now from people who WRONGLY ignored their PCN.

Really? I thought that NCP had given up court after getting stuffed for about £100K when they towed away Mr Mayhook's car. http://forums.pepipoo.com/index.php?showtopic=64994

BrownTrout

nigelbb wrote: »

Really? I thought that NCP had given up court after getting stuffed for about £100K when they towed away Mr Mayhook's car. http://forums.pepipoo.com/index.php?showtopic=64994

No NCP are doing court a lot now.

Umkomaas

nigelbb wrote: »

Really? I thought that NCP had given up court after getting stuffed for about £100K when they towed away Mr Mayhook's car. http://forums.pepipoo.com/index.php?showtopic=64994

BrownTrout wrote: »

No NCP are doing court a lot now.

It's a recent BWL swoop on loads of hitherto court-shy PPCs, using roboclaim threats to put the fear of God up motorists to get them to pay.

To my knowledge, we haven't seen one arrive at the courtroom door yet, but early days.

Coupon-mad

blizeH wrote: »

Thank you guys!

Yes I did send a screenshot of my statement clearly showing the £7.50 fee.

Please email a complaint to POPLA (see their FAQS about that) not rambling on about the decision, but saying:

There has been a procedural error by the Assessor who has failed to consider, or not seen evidence I submitted. The Assessor stated:

''Assessor summary of your case
The appellant’s case is that he went to the machine and entered his vehicle registration details, he used the contactless payment option and a payment was taken of £7.50. The machine did not issue a ticket, he believed that a valid payment was made.

...However, in their appeal the appellant has not provided any evidence to support their submission.''

But I did send a screenshot of my statement clearly showing the £7.50 fee.

Kindly revisit the evidence missed, as this is a failure of the POPLA process.