POPLA Appeal Failed - Parked in allocated residential bay

DagnyT

Hi,

I live in a block of flats and I have a designated parking space, I received a letter with a parking permit that is to be displayed in my windscreen which I have been doing since moving in in August 2017, however while I was away in February the parking operator changed and therefore the permit displayed was no longer valid. I received a parking charge notice whilst I was away because of the invalid permit (despite the fact it said valid until 01/03/2019) I tried to appeal this stating that I was away and couldn't have possibly known about the change in provider. My appeal was rejected, I then appealed to POPLA and again it was rejected, stating it is not their fault that I was away from home and that the displayed pass was no longer valid. I've looked at my tenancy agreement to find out the terms and all it says about parking is this -
3(q)Car Parking
(i) To park private vehicle(s) only at the Property in the space, garage or driveway allocated to the Property, if applicable.
(ii) To keep any garage, driveway, or parking space free of oil and to pay for the removal and
cleaning of any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.
(iii) To remove all vehicles belonging to the Tenant, his family or visitors at the end of the
Tenancy.
(iv) Not to park any vehicle at the Property which is not in a road worthy condition fully taxed
and insured.

I was going to pay the fine today as it seemed like the only option after reading the advice on the linked (from POPLA site) CAB page and then I found this forum, I only wish I had looked it up before I started my appeal but at the time I thought it was common sense that it wasn't a fair charge. Unfortunately I have admitted that I parked my car there on the 18/02/2019 before going away on the 19th, new passes were sent out on the 20/02/2019 and the ticket was put on on the 23/02/2019.

What do I do next? I'm going to write to my local MP this evening. What else should I do, is it just wait and see if I get called to court?

Many thanks,

Half_way

What do you do next?

you complain toth the management company that took this parking company on and tell them in no uncertain terms that they Must cancel the parking charge with immediate effect, you must also tell them that you have only been displaying a permit out of courtesy, and your personal details must be removed form their agents, the parking company's systems

fisherjim

DagnyT wrote: »

Hi,
I was going to pay the fine today as it seemed like the only option

Good grief why would you do that, and it's not a fine.


I'm sure any clued up judge would laugh this out of court.

Redx

no problem with you dealing with this ss a driver

a driver can be honest about it all and tell it like it is , mentioning the issues concerned and letting a judge decide who was right

yes complain to your MP

yes complain to the MA to get it cancelled, plus take them to task over the non-receipt of a new permit or new rules being introduced etc

I suspect your primacy of contract due to the lease trumps any parking company rubbish

only a fool would pay this INVOICE (not "fine")

DagnyT

Thanks for the responses, I will complain to the MA and to my MP.

Don't worry I will definitely not be paying the invoice!

Half_way

A few things that you must and must not do...
You must never pay a parking charge issued to a vehicle that you have given permission to park in that space.


You must make it clear that any permit is only displayed as a courtesy at your discression

beamerguy

DagnyT wrote: »

Hi,

What do I do next? I'm going to write to my local MP this evening. What else should I do, is it just wait and see if I get called to court?

Many thanks,

You must understand that POPLA is just an old dinosaur with very few real assessors, most are just nail polishers or teaboys.
They are indeed yet another failure of the BPA

Judges in courts take no notice of the defunct POPLA

You do not pay. Expect letters from debt collectors who have a severe case of verbal diarrhoea. The idiots don't seem to go to the doctors to get it fixed ..... IGNORE THEM
https://forums.moneysavingexpert.com/discussion/5859454debt+collectors+drp

You can use the debt collector letters as you want, keep in the dodgy file, cat litter, firelighters, or flush them down the loo so they go back whence they came from

Come back here if you receive a letter before claim from the PPC