Machine Out of Order

Alicesusan

I appealed this ticket on this basis all of which is absolutely true. The machine was out of order and had the machine been working, I would have just bought a ticket. The number of times machines are out of order it makes you wonder if they do it on purpose. I only went to the beach as I was in the area, 1.5 hours drive away from home to pick something up. I had never been there before and the dogs needed a loo break so the beach was the only place I could easily find. I am a senior and was in a lot of pain with untreated rheumatoid arthritis at the time - since gone back on steroids - and not thinking straight. So when I saw the machine was out of order as it was such a big machine compared to the size of the car park I had just assumed it was the only machine and walked down the steep hill to the beach with difficulty so didn't even notice until I was on the way up again that there was another machine and it was working. I appealed and received a rejection.

POPLA verification code: 4062599015. Thank you for your appeal received on 14/09/2019 regarding the above detailed Parking Charge Notice. We have carefully reviewed the case and considered the points that you raised in conjunction with the facts and evidence available to me. On this occasion, your appeal has been rejected and we are satisfied that this Parking Charge Notice was issued correctly. Fistral Beach, Newquay is private land and is subject to a parking management scheme put in place by the operator at the landowner’s request. There are specific terms and conditions in place as part of this scheme. These terms and conditions are stated on the signs installed at the site, which are displayed in clear and prominent positions. The terms and conditions of the scheme at this location state that a valid payment must be made for the length of time the vehicle is parked on site. On 31/08/2019, the vehicle was parked without this payment being made. This was a breach of these terms and conditions.

Although the machine you reference was out of order, the other machines within the site were working. As such, payment should have been made. The signage tells you that you can pay by phone, app or machine.

Ultimately, it is the responsibility of the motorist to ensure that they seek out, read and comply with the terms and conditions of parking that are in place. By parking on site in breach of these terms and conditions, it has been agreed that the charge detailed on the signs will be paid. I appreciate that this may not be the desired outcome, however, you have now reached the end of our internal appeal process. The three options available are listed below: Your options
1) Pay the PCN at the reduced amount of £60 by 14 days. After this time the opportunity to pay at the reduced amount will no longer be available and the amount outstanding will rise to the full amount of £100. This will need to be paid by 14 days. Payment can be made online by phone or by post. Go to initialparking dot couk or call 0333 023 0138. Payments can also be made by cheque or postal order made payable to Initial Parking Limited. Please ensure you write your Parking Charge Notice number clearly on the reverse. Please do not send cash through the post. Payment can be made using a debit or credit card by calling the automated payment line on 03330230138. For our full Complaints Procedure please visit initialparking dot couk

2) Make an appeal to POPLA (the Independent Appeals Service) online at popla dot couk using the verification code at the top of this response. The only grounds for making an appeal are stated on the website and the appeal must be received by POPLA within 28 days of the date of this response. If you choose not to submit your appeal online please go to popla dot couk or further detail or you can ask us for a form to complete. If you appeal to POPLA, we will suspend recovery activity on the PCN. The charge will not increase further until the appeal outcome has been determined. Please note that if you opt to appeal to POPLA and the appeal is unsuccessful you will be only able to settle the PCN at the full amount of £100. The opportunity to pay and the reduced amount will no longer be available. If you choose to pay the PCN you will not be able to appeal to POPLA. 3) If you do not make payment or submit an appeal to POPLA within the relevant time frame, the outstanding PCN may be passed to an appointed debt collection agency for further action. All costs associated with this process will be added to the full PCN amount. More Information By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.

pogofish

Appeals based on fact seldom if ever work..!

You need to see the detailed and comprehensive information on dealing with a POPLA refusal in the Newbies Sticky at the top of this board. Follow that and you will be ready for any claim against you.

Also, Arthritis is a protected condition under the Equality Act, which applies to all suitably disabled people, not just to Blue Badge Holders - You should be putting the owners feet to the fire with a very strong complaint about them not making reasonable adjustments and cancelling this. Ideally though, you should have done this as early as possible, before you even engaged with the PPC.

You should also remind them that they are jointly liable with the PPC on this and would be involved in any subsequent action against the PPC - Any local disability support groups should be involved and may take-up the case.

KeithP

Edit your post.

Not a good idea posting your PoPLA verification code on a public forum. Some unscrupulous person will no doubt put a rubbish appeal in on your behalf.

Snakes_Belly

Was the other machine visible when you left the car park for the beach? Was there a 'pay here' sign over it? If you missed it there could be a reason.

Coupon-mad

Did you pay using that second machine?

PPCs send POPLA an aerial photo and signage photo but rarely a 'machine positions' photo. So, in the POPLA appeal, put Initial Parking to proof as to where these other PDT machines were, with photos of them in place, not just a mock up aerial photo with dots/flags made up, which is no evidence at all.

In my opinion, you don't have to show your personal data on private land (different on street) but we don't condone not paying a reasonable fee to park and have never posted or suggested anything like that. A broken machine us their fault, not yours.

Snakes_Belly

The signage tells you that you can pay by phone, app or machine.

There is no requirement to be in possession of a mobile phone when you enter a car park. If you had a mobile phone it would take ages to set up the account.

Snakes_Belly

If you do not make payment or submit an appeal to POPLA within the relevant time frame, the outstanding PCN may be passed to an appointed debt collection agency for further action. All costs associated with this process will be added to the full PCN amount.

Does it state this on the signage?