Can I salvage this appeal? Vantage Point - Brighton - One Parking Solution

Redx

Well done , ops lose , you and us win. OPS should be fairer as a contractor , but that would be a rarity in the greedy murky world they inhabit

Le_Kirk

Well done on the result and on your tenacity.

nicestrawb

Yay, another OPS bashing

Coupon-mad

jolly_cabbage said:

Just thought I'd update this thread with the resolution, as luckily there is a happy ending. Hopefully this will be my last update to this thread.

After submitting the renewed POPLA claim (thankyou @Coupon-mad), which was delayed due to covid, I was pensively waiting for OPS to submit their side of the claim. Prior to this, I had sent an email to two of the email addresses (publically) available on this site, politely explaining the situation and how unfair/obsurd it was.

After waiting a week or two without any response, and assuming I'd have to continue with the POPLA route, the Landlord's managing agent for Vantage Point (POD Lettings) got into contact with me confirming that the Landlord had decided to overrule the claim and have OPS cancel the PCN. After following the instructions provided by POD Lettings, in circulation with the Landlord and OPS, which was to recind the POPLA claim so they could cancel it (after much back and forth with them first to confirm in writing they'd cancel if I recinded POPLA, and ensuring that they couldn't just do it from their end - which is odd - as I didn't want them to pull the rug out from under me), the PCN has now been cancelled.

According to emails recieved by OPS (and emails on other threads on this forum too!), Vantage Point is indeed meant to have a 15 minute window now, just that my PCN was issued before the grace period was changed to 15 minutes. So for anyone caught by the 10 minute window, this is not the Landlords intent, get into contact with them and - politely - raise a stink about how unfair it is and hopefully they will assist you too. I can share the email chain upon request.

So many people seem to have been caught out by this problem with their use of the JustPark app and having no signal. Just have a scan of Google reviews, Parkopedia and JustPark themselves and look at the floods of negative reviews with the same issue. Recieving a £100 PCN despite paying for their parking (often over paying), but being within 12-15 minutes due to poor signal and app downloads (often as they only accept cash), and getting stung with a PCN worth 100's of times what they paid for their perfectly valid parking.

Thank you to @Coupon-mad for all of the assistance on this, and all the other members that commented on this thread, it was supremely appreciated.

 I've removed some of the images just to clean up.

Vantage Point website, managed by POD Lettings: https://vantage-point-brighton.co.uk/

POD Lettings website: https://podlettings.com/

That's great to hear!  Odd that they suggested that your PCN was issued after the 15 minutes changed because I am sure the case I assisted with was about a year ago and the 15 minute grace period was introduced some time after they added the unreliable JustPark app (which shows on Google Streetview as advertised outside since 2017):

https://goo.gl/maps/f2N6vwbjKmQReSd86

If there is any information I can share onto this thread to help future Vantage Point & OPS victims, I can do.

Please read this:

https://forums.moneysavingexpert.com/discussion/comment/78364785/#Comment_78364785

And also, come back here to make sure you take part in this (PLEASE...IN THE SUMMER):

https://www.gov.uk/government/news/government-to-open-technical-consultation-on-fairer-parking-charges

Thanks!  Do stick around.

edtions1971

jolly_cabbage said:

I come asking with many pleases, if anyone would be willing to help me out on how to approach this. I would be forever greatful.

Please bare with some of the ranting nature of this thread... apologies in advance, I haven't really been able to vent on this since it happened.

So, the on hold appeals appear to have been restarted again on POPLA as I've just recieved an email from them regarding an appeal I made back in October from a dispute over not purchasing the ticket fast enough. Despite the fact that we purchased it as fast as we possibly could once finding a space, not leaving the premesis until pre-paid and also the ticket had 49 minutes left on it when we left the car park. Safe to say, since day one of recieving this notice, I was livid as - if anything - in a fair world, they should owe me money back for the time not spent in their s****y car park. Just check their Google reviews... which I wish I had known about before hand, we actually were never meant to park there, it was an in the moment rapid google maps find as our original parking plan had gone rather sideways on the day.

I stumbled across - no idea why I didn't look into it at the time, stress & nerves I guess - the MSE parking newbies guide and read through it. Its a bit late now to really action any of it, so I was wondering if the kind folk on here could provide some specific advice to my situation.

Anyway, I've been given 21 days from today (29/04/2021) to submit any futher evidence via replying to said email if I wish to do so. Here is the email in question:

Good Morning,

We are starting to consider appeals again

In November, POPLA decided to adjourn appeals because of the difficulties experienced by motorists and operators during the COVID-19 pandemic. Government restrictions are starting to lift, and we have decided to start considering appeals again.

We are writing to you today because your appeal was put on hold and it is important you have a chance to submit any case details or evidence you wish to submit that you haven’t already. We already have the details that you have submitted to us during the appeal process, but you can add to or amend these details if you wish. 

Within the next 21 days, would you please respond to this email and either:

·         confirm you are happy with the case you have submitted; or

·         provide any additional grounds of appeal or evidence you wish for us to consider.

We will start your case once we receive either of these. If we do not hear from you within the next 21 days, then your case will be started, and you won’t be able to submit any new grounds of appeal or evidence.

We look forward to hearing from you.

Regards,

POPLA Team

So, wind the clock back a few months to October 2020, when a lovely trip out to Brighton was ruined by a s***hole of a parking company. I recieved the PCN around late October for failure to pay within the contracted time of entering the carpark. Not duration or anything like that, just not paying fast enough. This was due to finding a space, which took a few minutes, then looking on how to pay. There was no signal in the carpark to use their JustPark app integration, so we were fumbling around trying to find signal to download, register and pay on the app on both of our phones. Eventually we managed to, by standing at the rear of the carpark and paying for the parking. We overpaid and bought plenty of time, with 49 minutes still remaining on stay by the time we left.

Still, they thought that this absolutely vile act of not buying a ticket 2 minutes faster than the universe would allow that day justifies an egregiously large £100 fine, for parking that was in fact overpaid, even taking into account their ANPR times we still paid for more parking than we were ever on site.

Foolishly, as I said before, I didn't think at the time to research how to approach this first online - which was stupid I know. But a part of me was naive enough to believe that the world to some regard still respected common sense and decency, and remembered that we are all bloody well human. So I went a head and replied the best way I thought I could.

To be honest, I'm pretty sick of this process at the minute and just want it to come to a close, but I think its vile that these companies should get £100 when I've paid for more than enough of my stay. Overpaid in fact. This practice just feels like it should be without question illegal, its predatory and wrong, especially when I've paid for the service - and then some - all ready. A fine for payment just seems morally and inexplicably corrupt.

I've attached all correspondance in a following post in this thread, with associating evidence, with personal details redacted. Please let me know ASAP if you find un-redacted information.

Feel free to wince, point and laugh, and tell me what a dumb !!!!!! I've been at this approach. Looking back through it now, I can see glaring mistakes made from what the Newbies guide says. I'm fully expecting to have to raise the middle finger salute and pay the £100 at this point, and promptly vomit from the lack of morality to it all and this rancid process and all those involved in its creation and subsequent enforcement.

If anyone would be willing to help me out on how to approach this, I would be forever greatful.

Thankyou

Fruitcake said:

Use the opportunity to add further points to your appeal.

Frustration of contract. The operator invited motorists to pay by 'phone app but failed to ensure that all areas of the car park could receive a serviceable 'phone signal. The operator knew, or should have known that mobile 'phone service was inadequate and should have highlighted this in their signage, advising motorists where within the car park a suitable signal could be found.
Alternatively, motorist should clearly be warned that a serviceable signal is not available, and they should leave the car park in order to make payment before returning to park.

Add the following points from the appeal templates you will find in the third post of the NEWBIES.

No landowner authority
No standing to issue charges
Inadequate signage.

jolly_cabbage said:

I come asking with many pleases, if anyone would be willing to help me out on how to approach this. I would be forever greatful.

Please bare with some of the ranting nature of this thread... apologies in advance, I haven't really been able to vent on this since it happened.

So, the on hold appeals appear to have been restarted again on POPLA as I've just recieved an email from them regarding an appeal I made back in October from a dispute over not purchasing the ticket fast enough. Despite the fact that we purchased it as fast as we possibly could once finding a space, not leaving the premesis until pre-paid and also the ticket had 49 minutes left on it when we left the car park. Safe to say, since day one of recieving this notice, I was livid as - if anything - in a fair world, they should owe me money back for the time not spent in their s****y car park. Just check their Google reviews... which I wish I had known about before hand, we actually were never meant to park there, it was an in the moment rapid google maps find as our original parking plan had gone rather sideways on the day.

I stumbled across - no idea why I didn't look into it at the time, stress & nerves I guess - the MSE parking newbies guide and read through it. Its a bit late now to really action any of it, so I was wondering if the kind folk on here could provide some specific advice to my situation.

Anyway, I've been given 21 days from today (29/04/2021) to submit any futher evidence via replying to said email if I wish to do so. Here is the email in question:

Good Morning,

We are starting to consider appeals again

In November, POPLA decided to adjourn appeals because of the difficulties experienced by motorists and operators during the COVID-19 pandemic. Government restrictions are starting to lift, and we have decided to start considering appeals again.

We are writing to you today because your appeal was put on hold and it is important you have a chance to submit any case details or evidence you wish to submit that you haven’t already. We already have the details that you have submitted to us during the appeal process, but you can add to or amend these details if you wish. 

Within the next 21 days, would you please respond to this email and either:

·         confirm you are happy with the case you have submitted; or

·         provide any additional grounds of appeal or evidence you wish for us to consider.

We will start your case once we receive either of these. If we do not hear from you within the next 21 days, then your case will be started, and you won’t be able to submit any new grounds of appeal or evidence.

We look forward to hearing from you.

Regards,

POPLA Team

So, wind the clock back a few months to October 2020, when a lovely trip out to Brighton was ruined by a s***hole of a parking company. I recieved the PCN around late October for failure to pay within the contracted time of entering the carpark. Not duration or anything like that, just not paying fast enough. This was due to finding a space, which took a few minutes, then looking on how to pay. There was no signal in the carpark to use their JustPark app integration, so we were fumbling around trying to find signal to download, register and pay on the app on both of our phones. Eventually we managed to, by standing at the rear of the carpark and paying for the parking. We overpaid and bought plenty of time, with 49 minutes still remaining on stay by the time we left.

Still, they thought that this absolutely vile act of not buying a ticket 2 minutes faster than the universe would allow that day justifies an egregiously large £100 fine, for parking that was in fact overpaid, even taking into account their ANPR times we still paid for more parking than we were ever on site.

Foolishly, as I said before, I didn't think at the time to research how to approach this first online - which was stupid I know. But a part of me was naive enough to believe that the world to some regard still respected common sense and decency, and remembered that we are all bloody well human. So I went a head and replied the best way I thought I could.

To be honest, I'm pretty sick of this process at the minute and just want it to come to a close, but I think its vile that these companies should get £100 when I've paid for more than enough of my stay. Overpaid in fact. This practice just feels like it should be without question illegal, its predatory and wrong, especially when I've paid for the service - and then some - all ready. A fine for payment just seems morally and inexplicably corrupt.

I've attached all correspondance in a following post in this thread, with associating evidence, with personal details redacted. Please let me know ASAP if you find un-redacted information.

Feel free to wince, point and laugh, and tell me what a dumb !!!!!! I've been at this approach. Looking back through it now, I can see glaring mistakes made from what the Newbies guide says. I'm fully expecting to have to raise the middle finger salute and pay the £100 at this point, and promptly vomit from the lack of morality to it all and this rancid process and all those involved in its creation and subsequent enforcement.

If anyone would be willing to help me out on how to approach this, I would be forever greatful.

Thankyou

Can anyone tell me who the landlords are for the Vantage Point Car Park please thanks 

Coupon-mad

Brighton? 

@ParkingMad might remember.