PCN - RCP -POPLA defeat

danny_dom

Hi All,
           I made a mistake by making a PCN payment to RCP operator  post POPLA defeat and CCJ/court threat . The PCN was raised for keying error and the Operator did not provide me evidence of the landowner contract,machine inspect report etc.  POPLA upheld the Operator for Keying error and imposed the full PCN around 100£ .  Going through the forums response , i strongly regret making the payment 7 hours ago and have tried to stop the payment but of no vain .
The car park operator does not respond to phones are email .
Is there anyway i can claw back the money and face the head one again ?

Coupon-mad

No. 

Get your own back by telling the Government what you think about their new proposals...see separate thread on page one right now and don’t miss out. 

You made one mistake so don’t make two by not bothering with the Consultation!

danny_dom

I agree ..
I send an email to the MP and the local councillor. I was misguided by Citizen Advice Bureau (CAB) that independent Operator POPLA verdict will be used by Court before  passing a judgement and would lead to unnecessary stress..I would advice people to use this forum for more credibility ..

On another note , can I ask the Car operator to refund the money back as was paid in distress ?

Redx

You can ask , but don't expect a reply or a refund !! Once they have your money you are very unlikely to get it back !!

D_P_Dance

If all else fails read this,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Castle

Other options include:-
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721872/misleading-aggressive-commercial-practices-guidance.pdf

Half_way

And in whos car park was this, plus where??

and who are RCP operator??

Your options are limited, but you could have recourse against the landowner - hence the whos car park is this and where was it question.

Popla looks to see if a parking charge was issued in accordance with the rules ( so called code of practice) which was written by the British Parking Association limited.

 The British parking association limited, is a private members trade association, as with all trade associations its primary aim is to look after its members, Codes of practice within such organisations are there mainly to weed out some of the more extreme behaviours, and ( in particular with the bpa ltd) to give the organisation an appearance of respectability.

 from time to time the BPA ltd re-rites the code of practice to suit its members

So PoPLA look to see if the parking companies are following the rules that are written by an organisation that exists to look after the parking companies interests - and those interests are to maintain/increase profitability by issuing more parking charge notices and getting motorists to pay more

danny_dom

Just a quick update I received the following response from the Car Operator regarding the refund ...The reason for chargeback (paid in distress and misinformation) was different to  what is  described by the Operator .
Can anyone please guide on how to approach the below issue ?

/******************************************************************************************************/
We have previously addressed all the points you have raised. 

We have received notification that the payment made on xx-JXXX XX for PCN XXXXXXX has been charged back to us. The cardholder denies participating in this transaction. As the driver and registered keeper of this vehicle, you are the only person who could benefit from this parking charge being paid. We would be very surprised if a fraudulent card would be used as this would be very easy for the police to prosecute. In such instances of fraud we are encouraged to contact the local police to investigate this matter to prevent further fraudulent activity. We would delay any such investigations for 7 days to allow legitimate payment of this parking charge.

This parking charge is set at £100, reduced to £60 if paid within 14 days. As you failed to pay within 14 days, you are liable to pay the full amount of £100. As this has been charged back to us we have incurred an £28 fee which we have added to the parking charge. The amount outstanding is now £128.

Please pay this charge promptly to avoid additional costs and further action.

danny_dom

A card refund was requested as the Operator refused to reply to queries , clarify the information on court action and used threat to seek payment...  

danny_dom

Half_way said:

And in whos car park was this, plus where??

and who are RCP operator??

Your options are limited, but you could have recourse against the landowner - hence the whos car park is this and where was it question.

Popla looks to see if a parking charge was issued in accordance with the rules ( so called code of practice) which was written by the British Parking Association limited.

 The British parking association limited, is a private members trade association, as with all trade associations its primary aim is to look after its members, Codes of practice within such organisations are there mainly to weed out some of the more extreme behaviours, and ( in particular with the bpa ltd) to give the organisation an appearance of respectability.

 from time to time the BPA ltd re-rites the code of practice to suit its members

So PoPLA look to see if the parking companies are following the rules that are written by an organisation that exists to look after the parking companies interests - and those interests are to maintain/increase profitability by issuing more parking charge notices and getting motorists to pay more

Unfortunately POPLA ignored the evidence provided by me and stuck to the Car Operators version without any clarification..It did not even cross check the signboard evidence at the time of incident.

BrownTrout

dynamicdhiraj said:

Just a quick update I received the following response from the Car Operator regarding the refund ...The reason for chargeback (paid in distress and misinformation) was different to  what is  described by the Operator .
Can anyone please guide on how to approach the below issue ?

/******************************************************************************************************/
We have previously addressed all the points you have raised. 

We have received notification that the payment made on xx-JXXX XX for PCN XXXXXXX has been charged back to us. The cardholder denies participating in this transaction. As the driver and registered keeper of this vehicle, you are the only person who could benefit from this parking charge being paid. We would be very surprised if a fraudulent card would be used as this would be very easy for the police to prosecute. In such instances of fraud we are encouraged to contact the local police to investigate this matter to prevent further fraudulent activity. We would delay any such investigations for 7 days to allow legitimate payment of this parking charge.

This parking charge is set at £100, reduced to £60 if paid within 14 days. As you failed to pay within 14 days, you are liable to pay the full amount of £100. As this has been charged back to us we have incurred an £28 fee which we have added to the parking charge. The amount outstanding is now £128.

Please pay this charge promptly to avoid additional costs and further action.

Dont worry this is just a silly idle threat when parking companies get hit by charge backs
It is not a case for PC Plod
And I should at worst they would send it to "action fraud" who are less then useless so ignore this silly attempt to frighten you in to paying up.