Appeal unsuccessful with receipt proof

JJD84

Hey so sorry I’m a newbie to the forums but I wondered if anyone has had a similar experience.

I parked at a parking eye managed car park, entered at 11:13, queued at the ticket machine to find it broken so returned to my car and signed up to pay by phone, by the time I had signed up and logged in and paid it was 11:32, I paid for 4 hours and left at 15:11.

I received a fine that I appealed but I’ve been told I’ve been unsucessfull. There is no option to set an earlier parking time and if the machine had been working it wouldn’t have been an issue. I spoke to them on the phone and they said I still had to pay.

I have every intent on fighting this but had a few questions:

Despite them saying I have exhausted the appeal process I intend on writing to them and charging them an admin fee. Is this advisable?

Do I get to physically attend court?

Can I put my court defence costs on to them?

Any guidance or advice would be greatly appreciated.

Absolute crooks.

Many thanks.
JJD

Redx

they should have given you a popla code , so did they ?

you wont get them to agree to any admin fee, they will refuse the contract

yes you would attend your local civil court (if you wish to)

if you win you can ask for limited costs , usually around £95 plus parking and travelling etc (your local court by the way)

plenty of guidance in the NEWBIES FAQ sticky thread, please read it

beamerguy

JJD84 wrote: »

I parked at a parking eye managed car park, entered at 11:13, queued at the ticket machine to find it broken so returned to my car and signed up to pay by phone, by the time I had signed up and logged in and paid it was 11:32, I paid for 4 hours and left at 15:11.

I received a fine that I appealed but I’ve been told I’ve been unsucessfull. There is no option to set an earlier parking time and if the machine had been working it wouldn’t have been an issue. I spoke to them on the phone and they said I still had to pay.

I have every intent on fighting this but had a few questions:

Despite them saying I have exhausted the appeal process I intend on writing to them and charging them an admin fee. Is this advisable?

Well Parking Eye are cowboys. They declined as they will do, but did you receive a POPLA code to appeal further...

Broken machine plus the PE dodgy ANPR adds up to frustration of contract

BUT ...... you paid and can prove it. The question now is what happened to your money ...... has Parking Eye stolen your money,

Redx

as above, FRUSTRATION OF CONTRACT is the main argument here, but you complied in the end and did not overstay

plus the initial period to comply with the sign (grace period) is unspecified in the BPA CoP clause #13 and so you complied in the best time possible, plus you paid for 4 hours so were not "bilking"

meaning a judge will probably accept your version and decide it should never have got to court, plus the BEAVIS case was on a free car park so does not apply here. PE accepted your payment and you paid for the period the vehicle was actually on site, so a judge should look favourably on you

Coupon-mad

I parked at a parking eye managed car park, entered at 11:13, queued at the ticket machine to find it broken so returned to my car and signed up to pay by phone, by the time I had signed up and logged in and paid it was 11:32, I paid for 4 hours and left at 15:11.

Those facts mean you should win at POPLA, as long as you make it clear what delayed you in paying for 4 hours, AND that you still left within 4 hours!

Therefore there was no contravention and P/Eye have auto-generated a PCN just because their own broken coin machine meant it took a driver much longer than normal to pay. Registering for a Pay by Phone app can in itself take 10 minutes, added to the fruitless 8-10 mins you spent trying to pay by cash, then looking around and setting off to find a working coin machine somewhere else in the car par, then reading the signs to work out what to do instead.

You have 32 days to do a POPLA appeal, from the rejection. Show us your draft first.

Also include the usual templates from the NEWBIES thread post #3 all about POPLA, and read how to upload your long appeal as a PDF.