Free parking at gym results in penalty charge notice

Miki

Many thanks I will do this, according to Reception at least 30 other members have been affected, though most have had their appeals accepted at the initial stage. Interestingly, the TPS log does not show any entry at 11:01am so this is not a miss keying error but a transaction failure as I initially claimed in my appeal.

I have written the following in response to stage two of the POPLA appeal "Operator Information and Evidence"

The operator response was:

"The Terms and Conditions of parking at this location are clearly displayed at the entrance and throughout the car park. It is the vehicle driver responsibility to ensure that when parking on private property they do so in accordance with the Terms and Conditions in force at the particular location. The vehicle in question was observed by our Automatic Number Plate Recognition system for no payment which was in contravention of the car parks Terms and Conditions of use."

My intended response is:

The operator has merely responded with a “Stock” reply alleging that I had not followed their terms and conditions in force at this location.

My appeal was that I had followed the terms and conditions and entered my VRN on the iPad provided as required, but that there had been a transaction failure and my VRN had not registered on their system. No receipts are issued so there is no way of knowing that the transaction has failed until I received a PCN. At least 30 other members have received wrongful PCN's, the the majority have been cancelled on first appeal.

The Operator acknowledges I am entitled to free parking for four hours yet dogmatically continues to pursue this claim, despite POPLA’s Annual Report 2019 claiming that BPA’s code of practice recommends appeals of this nature are shown leniency and are allowed.

Evidence beyond reasonable doubt on my appeal has been made available. CCTV footage at the gym shows me entering my registration on the iPad at 11:01am as confirmed in an email from the Assistant General Manager:

From:
Sent: 06 March 2020 12:04
To:
Cc: info@popla.co.uk
Subject: Re: [EXTERNAL]Parking fine 7th January 2020

Hi     , 

I have checked CCTV and I can clearly see you entering your Reg on the 7th of Jan at 11.01am. 

Please let me know if you need any further support with this. 

Kind Regards

I have written to my MP and also Steve Clark of the BPA to complain that Total Parking Solutions are using a system that is not fit for purpose and unlawfully fining genuine gym users who have entered their reg numbers correctly.

Next steps will include "Rip Off Britain".

Big ask but does this sound right to you

Coupon-mad

Yes, why not!  POPLA will probably ignore you but Steve Clark will look at it.  Tell him 30 people at the gym were affected and it seems the system went down for a few hours or something.

Miki

Thank you for your advice

"Total Parking Solutions - EW have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge. 

Yours sincerely

 POPLA Team"