POPLA declined my appeal

Dafidol

This is my letter to the Town estate...can you please advise me if its ok?

I am writing to you regarding the PCN that I have received from the ParkingEye. Please see below the reason why I refuse to pay £100 fine that is completely unfair.
My car was originally parked in the Burton Street parking with a valid parking ticket (see attached). The car then has been moved to the Mucky Lane car park (which is right next to it) with the permission of the Parking Attendant.
The Parking Attendant accepted the parking ticket from the previous car park and stated that there is no need to purchase another one. The reason why the car has been re-parked is to be parked in the shaded space (as it was too hot inside the car) for the safety of a baby.
I have asked the ParkingEye to speak to the attendant. They state that there is not an attendant for this parking. I was therefore cheated by an attendant that is from another site. It is not my fault and I believe it is unfair to ask me to pay £100 for parking at your site for an hour when you can see I have a valid ticket from the car park right next to it. Why would I repark and risk fine if I didn’t have to due to my baby’s safety and also with permission. I made sure to ask before I entered the parking…and yet I am punished for it.
I would kindly ask you to cancel this fine as injustice has been done to me. I am willing to pay the hourly charge for the time that I have stayed there as a compromise but £100 is completely unnecessary.

fisherjim

Is this Melton Mowbray?


If so there is a unique set up here with The Town Estate being a charity managing what would otherwise be council services alongside the actual council.
The Town Estate seem to be a bit of a law unto them selves, I hope they see sense but don't hold your breath I suspect the usual, "our parking management is left to Parking Eye we can't intervene" excuse will be the answer.


http://www.bbc.co.uk/pressoffice/pressreleases/stories/2009/11_november/09/estate.shtml


https://www.meltonmowbraytownestate.com/about


But you have an invoice, not a fine, it's a pity you didn't come here first though, all that about the attendant, moving the car, and I paid in another car park was just doomed to failure with POPLA.


If it goes to court maybe a judge would be sympathetic but you would need some good evidence about lack of, or confusing signage to support your case I suspect.

Dafidol

thank you fisherjim. Yes, it is.

I will try them and see. Is there a point to complain to POPLA again?

fisherjim

Dafidol wrote: »

Is there a point to complain to POPLA again?

Well without seeing your appeal it's difficult to say, but if it was based on your explanation about moving the vehicle, and the warden you blew it.

Dafidol

Thank you. I attach POPLA's decision...please tell me there is something else I can do...

The appellant’s case is that the vehicle had parked originally in the Burton Street car park with a valid ticket, and was then moved to Mucky Lane car park which is next to Burton Street with the permission of the attendant. They state that the attendant accepted the ticket from the previous site and advised that there was no need to purchase another ticket. They state that the vehicle had to be moved as it was very hot and there was not another space with shade in order to protect their baby whom was in the vehicle with their wife. They say that it is not fair to charge them when they were granted permission. The appellant has provided evidence to support their submission. This includes a copy of the ticket purchased.

Assessor supporting rational for decision
The appellant has indicated that they were the driver on the date of the contravention. I will therefore be considering their liability as driver of the vehicle. When entering a private car park, motorists are expected to comply with the terms and conditions. The operator has provided images of the signage laid out at the site. The terms and conditions of the site state: “Please pay for your stay…Parking tariffs apply 07:30 – 18:00 Monday to Saturday…If you enter or park on this land contravening the terms and conditions displayed, you are agreeing to pay: Parking Charge Notice (PCN) £100.” The operator has provided photographic evidence of the vehicle entering the site at 11:04, and exiting at 12:19, totalling a stay of one hour and 14 minutes spent at site. The operator maintains a list of vehicles that have made a payment. The operator has provided a copy of this list that shows that when searching for the appellant’s vehicle it was not registered against a payment. The PCN was issued as the vehicle was parked at the site for one hour and 14 minutes, however the operator was unable to locate a payment for its time. On the face of the evidence, I consider it looks like there is a contract between the appellant and the operator, and the evidence suggests the terms have been breached. I now turn to the appellant’s grounds of appeal to determine if they make a material difference to the validity of the parking charge notice. The appellant’s case is that the vehicle had parked originally in the Burton Street car park with a valid ticket, and was then moved to Mucky Lane car park which is next to Burton Street with the permission of the attendant. They state that the attendant accepted the ticket from the previous site and advised that there was no need to purchase another ticket. They state that the vehicle had to be moved as it was very hot and there was not another space with shade in order to protect their baby whom was in the vehicle with their wife. They say that it is not fair to charge them when they were granted permission. The appellant has provided evidence to support their submission. This includes a copy of the ticket purchased. The British Parking Association (BPA) Code of Practice states in section 19.3: “If the driver breaks the contract, for example by not paying the tariff fee or by staying longer than the time paid for, or if they trespass on your land, they may be liable for parking charges. These charges must be shown clearly and fully to the driver on the signs which contain your terms and conditions.” POPLA is an evidence based appeals service that work by comparing the evidence provided by both parties in an appeal. As the appellant has not provided any evidence of the conversation between himself and the attendant I am unable to use this in my assessment. Whilst I appreciate the difficulty of producing evidence of a verbal event, I must assess this appeal on the evidence presented. I acknowledge the appellant’s comments. However, it is the motorist’s responsibility to ensure that they park in accordance with the terms and conditions on a privately operated car park. The ticket purchased was for another car park which was run by the council, this would not cover a period of parking for the vehicle on private land. Ultimately, by parking on this land this signifies their acceptance of the terms and conditions and as the vehicle was parked without a valid payment, these terms and conditions were not met. I conclude that the operator has correctly issued the parking charge. Accordingly, I must refuse this appeal.

Coupon-mad

I think if the 'Town Estate office' is part of the Council (or an ALMO - Google it - operating for the Council) then make your complaint more about the Council CEO directing you to park & giving you false information, and the lack of signs and fences clearly separating the area.

THEN escalate that complaint, once the Council have fobbed you off, to the Local Authorities Ombudsman who have found in favour of complainants about Councils not making parking rules and private land clear, in a couple of recent decisions.

It's possible you could get compensation awarded by the Ombudsman & costs nowt to try.

Meanwhile come back if P/Eye send you a Letter before Claim.

Dafidol

thank you so much Coupon mad. I will do.

Dafidol

Hello all, I just wanted to say huge thank you. The issue resolved in my favor, council took care of it. Thank you very much for all your help.

Coupon-mad

Hooray, well done on persevering, despite losing at POPLA.  Landowner complaints are the way to go!

MistyZ

Hey!  Well done!  
If you get a moment (not so easy with a littl'un!) perhaps you could check out new posts here sometimes and advise anyone in a similar situation to make a landowner complaint .... People tend to think they're a last resort when they should be The First Thing!