Britpark - Have i compromised myself?!

allstar_07

Hi,

Ive read the faqs but unsure whether i have already compromised my position and should just pay...so really appreciate a quick pointer?

Britpark PCN and NTK recieved to registered user (my wife).

I pay for parking when i drive the car via their online portal and stupidly sent an appeal using their system (the car is linked to my account) which just consisted of me pointing out i had parked there 4 times that week but had difficulty paying, was unable to check what had been processed and that i had emailed them pointing out that i thought a payment hadnt been made and if they advised i would pay straight away (this was a couple of days later and before the PCN - so i was trying to pay). I haven't even got a copy of what i submitted. I expected some good faith. The appeal was rejected and i have a popla ref.

So, have i compromised myself or should i still send a appeal to popla from the registered keeper as per the templates?

Or should i write to them again offering a settlement but much below the £60/100 they are demanding?

I really expected some level of customer service and acknowledgment i tried to pay and that am a regular customer. £60/100 is surely unjustifiable as a loss they incurred. I am loath to pay the fine but that perhaps is the easiest option.

Many thanks

Redx

as an admitted driver all you have done is remove POFA and keeper liability, meaning only the other options for appeal are available

its up to you if you want to try a win at popla on a technicality, just remove POFA sections

they wont accept a lower amount , no chance of that happening

its a private parking company , there is no customer service , just victim surcharges

MistyZ

The car was parked there often .... was this for work or some other activity?  Do the premises which were being visited own the car park?  Or perhaps there's an overall landowner who owns the land on which both the premises and the car park stand?

Complain vigorously to the landowner ASAP.  Insist on cancellation.  You can tell it like it is in a landowner complaint, no need for the technicalities on which appeals depend, just 'tell the story' and focus on the injustice of this extortionate charge, given the circumstances.

allstar_07

Hi,

Thanks for the replies. It is a car park next to a train station. It seems if i remove the POFA sections maybe my case is a little light?!

Ill see if i can find who the landowner is...

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

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.

Fruitcake

You still have a number of points including 
Not the landowner
No standing (no valid contract) to issue charges in their own name
Inadequate signage.
BPA CoP failures

What happened when you complained to the landowner? Is it a railway asset where byelaws apply or privately owned?

Have you complained to your MP yet about this unregulated scam?

allstar_07

Hi,
Read all the signs in the car park and cant find mention of landowner. Its not railway, i presume britpark own it  (its got britpark signs all over) or are contracted to operate by a private landowner? If its the latter any threat of me not using their car park again will be lost - but wouldnt be on landowner.
 

D_P_Dance

If you cannot pay the parking fee you cannot complete the contract.  If there is no contract there can be no BOC, read this

https://en.wikipedia.org/wiki/Frustration_in_English_law

In cases such as this the identity of the driver is irrelevant . 

nosferatu1001

You havent actually said WHAT problems you faced. That would be very useful. 

allstar_07

Hi, i thought the payment had gone through the online system but the next day i realised i hadnt got an email confirmation so then tried calling over the wknd but phones were closed. So then emailed on the tuesday asking whether i owed money. They took a week to email me back asking for my reg number but stating payments could only be made within 48hrs. Then i recieved the notice.
How do i know they are not the landowner though?