POPLA Unsuccessful

MrJCee

Hi,

First, a quick story on how I came to receive a parking ticket from Parking Eye and how I've arrived on this forum.

A couple of months ago, I had a business meeting with a colleague at Charnock Richard Services. We both arrived onto the car park in separate cars roughly at the same time, just a few minutes before our scheduled meeting time.

We both failed to notice the parking notices and were completely unaware that we had to pay if we stayed longer than 2 hours.

Our meeting was inside Starbucks, we both purchased a beverage. We both left the meeting together, and exited the car park at the same time, roughly 4 hours later.

My colleague and I received a parking charge notice from Parking Eye about a week later. We both appealed against the charge, writing directly to Parking Eye stating the nature of our visit and that we both purchased beverage from Starbucks (and sent a copy of the receipt). Parking Eye cancelled my colleagues charge, but refused to cancel mine on the grounds that my circumstances did not meet the landowners criteria.

Parking Eye issued me a POPLA code. I appealed against the PCN using the POPLA website, on the grounds that I felt discriminated against - how can two people arrive under the same circumstances, yet two completely different rules apply ? How is this at all fair ?

I would more than happily pay the PCN if it was the actual amount owed and not 100 quid. How have Parking Eye incurred £100 loss due to me not purchasing a ticket that must be worth a fiver or whatever the amount owed is.

Fast forward a month and POPLA refused my appeal, saying that I should contact Citizens Advice Bureau.

As of yet, I havnt heard from Parking Eye so should I just wait for them to get in touch with me as I assume they have been informed of the POPLA decision also?

Has anyone been in a similar situation were 2 people or more arrived together and have been given different outcomes ?

Any advice much appreciated, many thanks in advance

ShakeItOff

Did you submit a POPLA appeal that was identical to your colleague's?

Did you get the chance to submit your POPLA appeal in line with the advice on this forum?

My understanding is that you now go to the tedious debt collection stage. Don't forget that they have 6 years from the PCN to bring a claim. Parking Eye are litigious, and it might be prudent to get your colleague to write a witness statement for the day as well as their POPLA appeal and outcome, that you could incorporate as part of a witness statement, should it turn into a proper claim.

I can't recall a time where I have seen two people, same car park, same time and two outcomes on here, but some of the others may have done.

Best bet, read the NEWBIES thread and get a heads up for what's to come.

MistyZ

So your colleague's appeal was successful at the first stage (not POPLA)? While yours wasn't. You then appealed to POPLA and the substance of your POPLA appeal was that P.E. had behaved unfairly at the first appeal stage?

I think I have seen another example on here of two identical POPLA appeals about identical infringements getting different outcomes. I don't think many people found that surprising as POPLA is flaky and so much depends on the quality of the assessor. Different outcomes at the first appeal stage, i.e. appeals to the PPC, surprise me even less because sometimes it looks like the PPCs don't even bother to read them.

I think you should complain very strongly to Starbucks and insist they cancel your charge. You need to let them know what has happened. The sheer injustice of it was never going to make any difference to POPLA - you can only win on technicalities. But Starbucks need to hear it all loud and clear.

Was it really only one beverage? Do you / your colleagues often meet there? Any proof of custom or history of custom will add weight to your complaint.

MrJCee

Hi MistyZ

Many thanks for your detailed reply.

To answer your questions:

Yeah, that is correct, my colleagues appeal was successful at the first stage, he didnt have to use POPLA and I had to appeal to POPLA stating that my appeal to PE was under the same circumstances as my colleagues, yet my appeal to PE was unsuccessful.

I will pop down to Starbucks at Charnock Richard services and run the details by them.

We only consumed one beverage each, even though our stay was 4 hours (we dont drink much).

Its the first time we have both been to Charnock Richard services at all, never been for a meeting there before.

The wording on my appeal to PE wasnt identical to my colleagues, but we did mention each other in our appeals and state our reason for being there.

Unfortunately I wasnt aware of this forum at the time of my POPLA appeal.

At the time of my POPLA appeal, my colleague sent me a copy of the email from Parking Eye that states they have cancelled his PCN , as well as a bunch of emails between me and my colleague about the appeal progress. That should be suffice for a witness statement. I could also ask my colleague to act as a witness if need be.

Kind Regards

Coupon-mad

You should just Google for the relevant Welcome Break webpage (each services has its own page with contact details) and ring the Manager to cancel it. If you go there in person you might not speak to the person who can.

The_Deep

In your PoPLA appeal did you mention their atrocious signage?

Read this thread

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

If they take this to court be sure to include it in your defence and, as nine times out of ten these tickets are scams, consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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

MrJCee

Hi, here is a copy of the POPLA response to my appeal, just to see if it helps anyone else who may be in a similar situation and thinking about appealing to POPLA:



The appellant has identified as the driver of the vehicle on the day of the parking event. As such, I am considering the appellant’s liability for the PCN, as the driver. The operator has provided photographic evidence of signage in the car park that states: “2 hours free parking…Car: 2 to 24 hours £15.00…Failure to comply with the terms & conditions will result in a Parking Charge of: £100”. The operator has provided photographic evidence from Automatic Number Plate Recognition (ANPR) cameras that show the vehicle entering the site at 09:43 and exiting at 13:42, a total duration of 3 hours 58 minutes. The operator has provided evidence from its payment system that shows a payment was not made. The appellant says they were attending a meeting with a colleague which took longer than expected. Whilst I acknowledge these comments, the appellant could have paid for parking after they had been there for longer than the 2 hours free parking. The appellant has not provided any reason as to why they could not pay for parking. The appellant was parked for 3 hours 58 minutes which is longer than the free parking time. The appellant says they provided evidence to show they were attending a meeting and their colleagues PCN was cancelled but theirs was not. Whilst I acknoweldge these comments, POPLA cannot comment on the circumstances of another motorists PCN as POPLA are only assessing this PCN. The appellant has provided a receipt and a copy of their colleague’s appeal that was successful. Whilst I acknowledge this evidence, the appellant has failed to pay for parking and therefore this evidence does not affect the validity of the PCN. As previously advised, another motorists appeal does not affect the outcome of this appeal. If the appellant feels they have been discriminated against they would be required to raise this with the operator. It is not within POPLA’s remit to accept complaints about an operator. When entering onto a private car park such as this one, any motorist forms a contract with the operator by remaining on the land for a reasonable period. The signage in place sets out the terms and conditions of this contract. Ultimately, it is the motorist’s responsibility to comply with the terms and conditions of the car park. Upon consideration of the evidence, the appellant failed to purchase the appropriate parking time, and therefore did not comply with the terms and conditions. As such, I conclude that the PCN has been issued correctly. Accordingly, I must refuse this appeal.