help with popla stage

iamnotthedriver

Hi all,

I hope you can bear with me. I read through the newbies guide and I sent off the appeal using the template provided as the registered keeper of the car and I have received my rejection (obviously) and Popla code.
I read through the next part of the guide, but I’m a little overwhelmed by the information shown and I’m hoping for a little guidance if possible?

The situation is as follows:
A NTK was recently sent by a BPA parking firm and had two pictures of the car and two separate zoomed in pictures of the car licence (ANPR system). The letter states that the car stayed in the car park for about 30-35 minutes (there is a 20 minute free parking period for collection/drop off, if you stay longer, you have to pay for the whole period).
The driver did not manage to purchase a parking ticket as they only had change on them, but the facilities did not provide the option to pay via money. There was only the facility via app/card payments.
This incident took place during the day.
I am not sure what other information I can provide for you?

The parking firm have sent a rejection letter consisting on one A4 side, and a printed out PDF showing the sign/locations of where their warnings are and close up shots of said signage. I have noticed that the pictures they have provided are out of date, and are not actually relevant due to the signs having been replaced recently (they switched the company they use for app payments). Is this is considered relevant?

Please let me know if you need any other info.

Thank you


Registered keeper of the car.

Guys_Dad

Here's the position. If you want to avail yourself of a service, you need to be prepared with the relevant payment as required by their t&c.

Unless you have any real evidence of them having inadequate signage, or challenge their authority to operate or if they have failed to follow the precise requirements of POFA, you are on a loser.

The_Deep

the facilities did not provide the option to pay via money. There was only the facility via app/card payments.

Is this not illegal? Not, not everyone has one of those app thingies, whatever they are.

Here's the position. If you want to avail yourself of a service, you need to be prepared with the relevant payment as required by their t&c.

Are you sure about this? Are you saying that they can insist on payment in sheckals and/or conch shells? Surely such a term is a unfair term in a consumer contract.

iamnotthedriver

Guys_Dad wrote: »

Here's the position. If you want to avail yourself of a service, you need to be prepared with the relevant payment as required by their t&c.

Unless you have any real evidence of them having inadequate signage, or challenge their authority to operate or if they have failed to follow the precise requirements of POFA, you are on a loser.

Thanks for the reply, do you believe that I should just pay the cost then?

iamnotthedriver

The_Deep wrote: »

the facilities did not provide the option to pay via money. There was only the facility via app/card payments.

Is this not illegal? Not, not everyone has one of those app thingies, whatever they are.

Here's the position. If you want to avail yourself of a service, you need to be prepared with the relevant payment as required by their t&c.

Are you sure about this? Are you saying that they can insist on payment in sheckals and/or conch shells? Surely such a term is a unfair term in a consumer contract.

I hope that you are correct!

Guys_Dad

The_Deep wrote: »

Are you sure about this? Are you saying that they can insist on payment in sheckals and/or conch shells? Surely such a term is a unfair term in a consumer contract.

From the Telegraph

By David Millward, Transport Correspondent 3:19PM BST 27 Jun 2007
Parking meters are to disappear from the streets of central London by the end of next year.

The decision to rip out more than 2,000 meters has been taken by Westminster City Council, which was responsible for their appearance in the capital nearly 50 years ago.

With parking costing up to £4 an hour, the council believes it is unrealistic for motorists to be expected to carry fistfuls of coins.

In addition Westminster calculated that it was losing £100,000 a week to thieves breaking into meters.

Under the new arrangements, motorists will use their credit or debit cards to pay for parking.

Those with a mobile phone will be able to do so by text, after setting up an account with their card and car registration details.

This will entail motorists texting in the bay number and the amount of time they wish to pay for.

So not illegal

iamnotthedriver

So you are suggesting the driver should accept the parking charge notice fine?

Coupon-mad

Which parking firm, and what sort of car park?

What happened when you complained to the landowner, before even thinking of POPLA?

iamnotthedriver

The parking firm is Parking Charge Limited and it is the car park outside of a sports leisure centre. There are a few other buildings attached which the driver visited for about 30 minutes. No actual purchase/transaction took place so I am unsure of how I should approach the landowner?


I must admit, I was too focused on the POPLA part and neglected the landowner part.

Coupon-mad

You go into each retailer or Sports Centre, tell them you were browsing with a view to becoming a member, or for any retailer, with a view to making a long-since wanted family/birthday present/future purchase (£££) and say how you feel like boycotting the place now, but are asking if they can restore your faith in their store/Sports Centre by cancelling the harassing 'fine'.

You only have to find the one Store Manager who hates the scam, and you should find they can cancel it, or the overall owner/site agent can (Google it).

ALWAYS COMPLAIN (EXHAUST THAT OPTION, BEFORE EVEN THINKING ABOUT POPLA.

Parking Charge Limited

No-one special, and I doubt they've complied with the POFA? As shown in the NEWBIES thread link.

iamnotthedriver

Thank you for your advice regarding complaining to the retailers. I will try and see if this works.


With regards to POFA, in the first NTK, it asked me to name the driver and to pass the notice on.


In the second letter, they have written that if I didn't pass the driver details on, or ignored the NTK, after 28 days the registered keeper would be liable. I think from what I read on the newbies guide, this means that it complies with POFA?