PEA - Parking & Enforcement Agency PCN Appeal Help

Capana

Hi there,

I received a parking ticket a earlier on this year which I appealed. They then rejected the appeal and said as normal I either had to pay for the fine or appeal to POPLA in 28 days.

The main reason why I believe their reasons to reject my initial appeal on the grounds they proposed are because at the hotel I parked at you get an hour free parking. After which I had payed for parking. There was a slight delay by 5-10 minutes between my initial payment and renewing before I leave. I don't know if and by how much that will effect their grounds on initially fining me or rejecting my appeal.

I actually frankly, forgot to appeal to POPLA within the 28 days and now they're trying to collect the funds via a debt collector UCS (Ultimate Customer Solutions).

So my question is - Do I have any hope to still fight this and get it cancelled at this stage?

Any help would be appreciated!

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I THOUGHT I COULD ATTACH FILES BUT CAN'T FIND HOW TO. SO I HAVE THESE FILES/PICTURES IF THEY'RE NEEDED
I've attached my initial appeal letter. (I did read the newbie guide post on here before appealing)

I've also attached their response.
I've attached a screen shot of the parking tickets I paid for using the suggest app on my phone
I've attached the Debt Collectors Letter to me
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Part of their follow up rejection email that got sent separately

""Dear XXX

Please see further narrative below:-

We note that you have raised several points within your appeal. For completeness we shall address each point below;
There are two entry points off a 20mph zone into the hotel car park. At each entry point, there are two large 500mm x 650mm British Parking Association approved signage at each side with a large 'P' sign to identify the land being entered is 'Private Land’ and it also states this.
Clear, large and prominent lettering does state the following:
"Parking tariff payable at machine or ParkByText"
24/7 Terms & Conditions apply. See notices in car park for details and data Protection Information.
ANPR cameras and Parking Attendants obtain vehicle information to manage this car park."
Further within and at the bottom of the T&C sign found within the car park reads the following below and information relating to payment or appeal is found within the PCN notice issued to the vehicle.
"In the event where parking charge becomes due, an application may be made and we may request details of the registered keeper from the DVLA. Unpaid parking charges after 28 days will be pursued by a debt collection agency and further costs may be incurred. PEA is not responsible for the surface or the general safety of this site/car park/roadway. Neither PEA nor the proprietor will be liable for damages, loss or injury as a direct result of parking on this private land. By entering and parking on this private land you have contractually agreed to the above terms and conditions. If you have received a Parking Charge Notice, please refer to your notice for payment and/or appeals information.”
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require that certain information is provided prior to the conclusion of the contract. However, under section 6 (2) it states that “These Regulations do not apply to contracts – (a) concluded by means of automatic vending machines or automated commercial premises”.
“Automated commercial premises” would translate to mean a place of business where little to no human contact is required for the conclusion and performance of a contract. At this site, parking is managed by ANPR cameras and motorists park their vehicles without any assistance. Accordingly, I consider that there is no requirement to provide pre-contract information to motorists before the contract can be concluded.""

KeithP

Capana, is that your real name in your post?

Might be a good idea to mask that.

fisherjim

@Capana remove your real name from the email you have pasted on your post now!

Capana

Thanks @Fisherjim & KeithP

Capana

Hey there,

I haven't received a reply from anyone so I assume there's no hope with fighting these charges off?

waamo

You could try to get the landowner to cancel it.

If they won't or can't then personally I would front it out and see what happens. They might take you to court. There again there is a good possibility you will get scary letters and little else.

You will get plenty of warning if they do intend taking you to court so I see no need to rush to do anything.

Umkomaas

There are no silver bullets, but the response to that isn't to cave in and pay at the first hurdle you face.

It takes work to get through this, but you have to have personal resilience and a real determination to see it through, hopefully successfully.

The_Deep

If they did take it to court they would have to satisfy the judge on several points, contract, signage, timeliness, accreditation, grace periods, adherence to court rules, etc., to name but a few. They usually trip up somewhere along the line.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

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. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially 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.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.