Please help with response to POPLA Appeal

violet888

My husband & I visited a carpark many miles from home on a day out. Husband went to machine expecting to purchase a ticket pushed his card in and then when nothing moved on he then saw the words "pay on exit"! He tried to remove his card but the machine would not release. Many people came & went & tried to help, we were getting more & more anxious as miles from home and no cash. I tried to find a carpark number to call, called the payment number but just went round &round menus. Then saw a number for security so rang & spoke to security man, who said he was on his own and NOT close by the carpark, but he would try & get help. I was really annoyed that there was no-one near the site to help in such times. I tried to call our bank to cancel card but waited in a long queue & gave up. A young chap helped us thank the lord & with a thin blade removed the card. I rang the security man & told him it was resolved. We got in the car and drove off to somewhere out of town to calm down & get something to eat, having never left the carpark (obviously) and quite distressed. We received a ticket, we appealed, made a subject access request for video evidence to CPP as cameras would have seen all that occurred above & that we did not leave the carpark. Rcd a reply that they did not operate video cameras only still cameras.   We were informed the other side had 21 days to submit evidence, POPLA wrote to us on day 23 with the other side's case which is basically all the rules and regulations of the carpark, nothing wrong with machines that day etc etc. Please help, as this is a genuine case, in fact we were of a mind to complain to the authorities after this incident as I became really poorly and this may well have instigated it and now cannot believe they are taking this action! Please any help would be appreciated, do not have long.

Coupon-mad

Please can you split that into about six paragraphs, so we can read it and help you?

violet888

Sorry!  I'll try to keep short and to facts.
Entered an unfamiliar CPP carpark on a day out with a view to getting some lunch enroute in the town.
Husband went to pay machine and pushed card in (had only ever used pay on entry car parks in our home town).
Machine would not loosen grip of card. 
We were there approx 40 mins, several people tried to help us to no avail.
Found a number displayed for "Security". Rang & spoke to Security man who said he was quite a way away from the carpark and so could not help, but he would try and find someone. 
A young lad eventually got the card out for us with the aid of a thin blade.
I phoned Security man to advise.
We drove off and out of town to find somewhere quiet to calm down & eventually a bit to eat.
Received Parking Charge Notice.
Appealed with full description of exactly what happened. At same time, put in a Subject Access Request to Car Par company for any data including video footage they held on us. They responded to say they had no video cameras on site, only still camera taking photo on entry and exit.
POPLA said CPP had 21 days to reply. On day 23 they replied with pack of documents saying, paypoints were working properly, all signage displayed in carpark, etc etc. 
Where do we go from here?  This is so unjust! 
Many thanks, hope that's a bit clearer

Coupon-mad

You point out the 40 minute gap in the payment machine that your card was blocking.  Plus any other missing evidence that you would have expected to see, such as a witness statement from the person who answered the phone twice, etc.

Of course they don't have CCTV footage, that's not how a parking operation works.  You were always going to get a PCN from the remote system and should have told the onsite facilities (shop?) so that you could go on the exempt list that day. 

You should complain to them right now, because that's the first thing to do.  As the NEWBIES thread tells you.   So what if you lose at POPLA, complain to the retail park and get it cancelled.  Stay there until the Manager does.

D_P_Dance

Have you read the newbies, other threads. and complained to your MP?

violet888

Thank you so much for your replies! On lunchbreak,  now having a look at the Newbies and other threads. Got to respond today.

They have sent a payment machine log, but didn't stipulate which one, but was obviously the other machine as there were 2 and 1 was blocked with husbands card for 40 mins.

Also it was not a retail park but a city centre carpark and therefore no onsite facilities/shops that we could see.  So therefore not sure who we would appoach to complain/ have it cancelled

I suppose I can only point out in my response that there should have been a witness statement from the person who answered the phone.  Also re the payment log above. 

Just checked in on the Newbies thread and it is long so will need to catch up with it after work.

Thank you for the suggestion to contact my MP which I will certainly do, hadn't thought of that. 

D_P_Dance

So therefore not sure who we would appoach to complain/ have it cancelled

The owner of the land.

violet888

Quick question - I've skimmed through thread to read in detail later.  Couldn't see who to approach to find the owner of the land?  Will put together my response to CPP evidence later this afternoon.  

D_P_Dance

Google it.

KeithP

violet888 said:

Couldn't see who to approach to find the owner of the land?

 Have a look at this post by @Umkomaas.

Where exactly did this alleged parking event take place?

violet888

Thank  you. It was in Carlisle.