Parking Eye - Just Park - change of app and now two fines - appeals rejected

HJD2019

The drive oftens parks at the Cains Brewery car park in Liverpool. Payment is made through an app, Just Park. Two PCNs were issued in May having paid with Just Park. Turns out that the car park company moved to "Good2Go" a different app. JustPark have said they were still the platform for payments on the dates the PCNS were issued. I'm still not sure when they moved / when they swapped

The dirver has appealed but it's been rejected. What's your opinion on whether it's worth continuing to appeal and getting a solicitor on board, or just leave it and pay up?

Big_Boi

Edit your post and remove any reference to who was driving at the time of the alleged contravention(s).

Read the NEWBIES thread to understand your next steps: https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

You will never seen anyone on this forum recommend you hire a solicitor, or pay up. Take your time and read the material provided.

HJD2019

Thank you for the advice. I've read the threads below - I just wonder if there is a case given the app was changed? Do you think there's a case for appeal?

Redx

We don't speculate on cases or the future, or give legal advice either

If you have popla codes then you can try using them and let popla decide

Or you can let a judge decide in court later down the line

It is rarely worth it to pay a solicitor

Coupon-mad

whether it's worth continuing to appeal and getting a solicitor on board,

No-one gets a solicitor on board, not even for defending crappy PPC court claims! Surely you are merely at POPLA stage? See post #3 of the NEWBIES thread.

HJD2019

Yes - have appealed to POPLA at this stage. ParkingEye have sent documents showing the plan for signage at the car park, but it doesn’t say when they moved from Just Park to Good2Go.

I can’t appeal to / complain to the retailer as the landowner isn’t contactable or amenable to communications at all.

I’ve read through the Newbies thread but I can’t quite see a “best guidance” for this situation or a test case where the platform has changed but the driver DID pay for parking albeit with - according to Parking Eye - the wrong platform.

Absolutely appreciate the expertise and experience of other posters.

If it went to court would a judge be likely to just say “human error, deal with it”, or “ParkingEye are being unreasonable as attempt was made to pay”. Anyone know of other cases like this?

Redx

I have been coming here for over 6 years and its a new one on me , but then so are pay by app apps too (never used one)

I suspect that PE will have had the correct details on their signs and that they and a judge will say the driver should read the signs and comply each and every time, which popla may do too

it seems to me you are at rebuttal stage so I hope you included the BPA CoP clause that deals with new changes and signage on car parks in your popla appeal and you should comment on this in your rebuttal

that clause is relevant to when changes are made and customers need to be aware of it, so it seems its your best chance at winning

find anything that supports your case and undermines theirs


if it went to court , bear in mind that the payment went to the wrong place, so in theory PE never received any money, hence the pcn

Coupon-mad

So are you now in the 7 days comments on the evidence stage?

What are you planning to nudge POPLA to notice about this evidence?

HJD2019

We’ve had for one of the charges a request to reply with further evidence. I’m unsure we HAVE further evidence, as we do not know what date they changed the signage. I have looked and the signs at the car park DO say that drivers need to pay through Good2Go.

In the evidence sent by PE to POPLA there is a map of the car park and a photograph of the signs saying to pay through Good2Go. The picture isn’t date stamped to indicate when the signs were put in place.

I’m surprised that Just Park took payment AND that they continue to do so. I checked the app yesterday and you can still pay to park on that site through Just Park. Obviously this would result in a PCN.

If it went to court, would we pay costs? Would a judge just order us to pay the initial parking charge?

I have emailed my MP and his office have been in touch to say they will write to PE on our behalf and they believe this to be unfair.

Once again, to those responding, thank you. Your time is appreciated. I did search all the other threads for this.

Quentin

Yes the loser pays the court costs as well as the winners allowed costs

A judgement against you means around £175 a claim is a good ball park figure to work on

The_Deep

PE sigtns leave a lot to be desired, read this:

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.