Should I just pay up?

lpljimbo

Hi all,
My car was parked in a retail park one evening a few months ago. Parking is free across the whole site.
At the advice of the retailer, the driver parked my car immediately outside the shop in a disabled bay while they loaded an item into my boot. The car park was almost empty at the time with plenty of other disabled bays available. I received a NTK approx a week later, there was nothing left on my windscreen.
The NTK gave an ambiguous location (the first part of the name of the retail park followed by "-Mobile") and the contract wording displayed on site also didn't name the creditor correctly (it hyphenated their name in error).
POPLA have rejected the appeal saying I should have been able to determine the location from the information provided, and likewise would know who the creditor was even if their name was misspelt (hyphenated) on the signage.
Is it worth me fighting this in court or should I just pay up?

moneylion

Advice here as with all other newbies is to read the newbies thread sticky multiple times. Your case is not that unique - there are plenty of issues you can argue on. Just remember this is all generally a scam and take your approach from there

Ralph-y

what did the retailer say ? have you told them you wish to return the item as it has now come with a £100 surcharge ?


Ralph:cool:

lpljimbo

Haha, maybe I should! Retailer aren't interested unfortunately.

lpljimbo

Thanks moneylion. I've read the thread (lots of good advice, should have read it all two months ago!) but can't see any posts that deal with unclear\ambiguous location or misspelt creditor name.

Fosh

You should pay up if you want it to be over.


If you want to fight (and likely win), then no, you should not pay up.


You have excellent grounds to win, so do your research and get ready for the court stage.

MistyZ

lpljimbo wrote: »

Haha, maybe I should! Retailer aren't interested unfortunately.

Every time someone casually (deferentially?) refers to a retailer dismissing their complaint steam starts coming out of my ears on their behalf!

The bl**dy retailer got you into this mess for heaven's sake!! And not even as a 'favour' but in order to load up an item that had just been purchased from them! Oh please give them hell! Please get them to cancel even at this late stage. They damn well can. And if they're not the overall landowner then they need to go crawling to whoever is.

nosferatu1001

Return the item to the shop, as theyve cost you quite a buit

The car was never parked, it was loading and unloading, and therefore NO ters relating to parking - including any "offer" of a contract - can apply. Easy defence in court, in theory, hard to maybe explain. POint out that a DYL permits loading and unloading, but not parking, so there is a clear distinction in law. In addition there is promissory estoppel - the retailer instructed the driver to park there.

Umkomaas

Which parking firm? Our advice going forward can be quite different, depending on which PPC is involved.

Fruitcake

Complain to the retailer. Leave negative feedback on social media if they refuse to help.
Complain to the landowner.
Complain to your MP about this unregulated scam.

Ignore anything and everything you get from now on except real court papers. Come back here if that happens.

lpljimbo

Thanks for the advice so far everyone, really appreciate it. It's Park Wa**h. Wary of naming them in full as they no doubt have alerts set up if their name appears on these forums!
I shouldn't have parked there and have learned my lesson so I'm reasonably happy to pay just to get rid of it. I'm genuinely aggrieved though that they're seemingly able to enforce a contract in which they can't even be bothered to spell their name correctly on, nor can their systems adequately name the location the contravention happened. Plus the points nosferatu1001 has made above. I'm minded to fight it but I presume the court takes a dim view of anyone who needlessly parks in a disabled bay, regardless of the PPC's inadequacies.