PCN from Brittania parking believed not POFA compliant

Glennyboyy

KeithP said:

Glennyboyy said:

D_P_Dance said:

Read this

https://uk.practicallaw.thomsonreuters.com/4-383-2653?transitionType=Default&contextData=(sc.Default)&firstPage=true

What I take from that, is that if there’s any ambiguity in the contract wording then the law shall side with the customer/user rather than the person/company trying to enforce their contract. Yeah?

...and that is also spelt out in Section 69 of The Consumer Rights Act 2015:

69 Contract terms that may have different meanings
(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

@KeithP this is great stuff. Really good to know and remember for the future. Thank you 

Glennyboyy

I was wondering today, are there any penalties for the PE company if they refuse the keepers appeal but POPLA uphold the appeal? I assume not, but was thinking what benefit would it be to the PE to ever uphold an appeal? They might as well ‘chance their arm’ with the keeper appealing to POPLA.

Earlier whilst searching through some emails, I found a previous email for a PCN I paid back in about August 2021 for a Tesco car park where my appeal was denied by Hotizon Parking, and I decided to stump up the ‘reduced’ cost of £30. Wish I’d known what I know now from this forum - I wouldn’t have paid a penny to them 

Coupon-mad

If you are a regular Tesco customer, you could get that back by complaining by email to Tesco's CEO, even now.  Lay it on thick about how you told all your friends and relatives about it over Xmas and they are up in arms that you were 'fined' ...and you still feel stung and the family have made a New Year's resolution to shop elsewhere.

Redx

By the way , It's PPC , not PE !

PE is usually the initials of Parking Eye , another parking company , there are scores of such companies , including Britannia , Horizon and Parking Eye

So forum speak for any of them is PPC

Glennyboyy

Redx said:

By the way , It's PPC , not PE !

PE is usually the initials of Parking Eye , another parking company , there are scores of such companies , including Britannia , Horizon and Parking Eye

So forum speak for any of them is PPC

My apologies. I obviously misinterpreted the abbreviation and assumed PE stood for ‘Parking Enforcement’.

Glennyboyy

Coupon-mad said:

If you are a regular Tesco customer, you could get that back by complaining by email to Tesco's CEO, even now.  Lay it on thick about how you told all your friends and relatives about it over Xmas and they are up in arms that you were 'fined' ...and you still feel stung and the family have made a New Year's resolution to shop elsewhere.

@Coupon-mad great idea. Thank you. I had written it off tbf as it was 6 months ago now, but like you say, might be worth dropping an email to the Tesco CEO. The circumstances were the same as my recent Waitrose issues - parked up charging my EV whilst the store was completely closed in a Sunday afternoon with an empty car park. They even had a barrier if they wanted to stop people parking there, but chose not to use it, hence why I thought parking there would be fine.

Glennyboyy

Ok so the update is, the first of the 2 PCN’s they have cancelled, but they are proceeding with the second. Unsurprisingly they have offered ‘one last chance’ to pay a reduced fine of £40, which I’ll obviously ignore, but suggests to me their desperation in trying to leverage at least some money out of the whole thing! I have been provided with a POPLA reference so now to prepare my appeal. Hopefully will be pretty straightforward. I’ll use the templates.

Coupon-mad

Glennyboyy said:

Ok so the update is, the first of the 2 PCN’s they have cancelled, but they are proceeding with the second. Unsurprisingly they have offered ‘one last chance’ to pay a reduced fine of £40, which I’ll obviously ignore, but suggests to me their desperation in trying to leverage at least some money out of the whole thing! I have been provided with a POPLA reference so now to prepare my appeal. Hopefully will be pretty straightforward. I’ll use the templates.

Most people do lose at POPLA as it's very basic in the Assessors' understanding of the law and they aren't legally trained, but did you do a POPLA appeal in time?

POPLA Codes last 33 days.

Not something to pay even if you lose!

Glennyboyy

Coupon-mad said:

Glennyboyy said:

Ok so the update is, the first of the 2 PCN’s they have cancelled, but they are proceeding with the second. Unsurprisingly they have offered ‘one last chance’ to pay a reduced fine of £40, which I’ll obviously ignore, but suggests to me their desperation in trying to leverage at least some money out of the whole thing! I have been provided with a POPLA reference so now to prepare my appeal. Hopefully will be pretty straightforward. I’ll use the templates.

Most people do lose at POPLA as it's very basic in the Assessors' understanding of the law and they aren't legally trained, but did you do a POPLA appeal in time?

POPLA Codes last 33 days.

Not something to pay even if you lose!

Did you mean to say ‘most people don’t lose at POPLA’? That’s the impression I’ve got from reading through many threads and well put together appeals on here.
Yes I got my appeal in on time. I was told I would need to appeal within 28 days of receiving the POPLA code, which I did, and have had confirmation from POPLA that they have received my appeal.

D_P_Dance

Did you mean to say ‘most people don’t lose at POPLA’?

I think that he/she means the opposite.  Popla does not consider mitigation, whereas is is a real factor in adjudication of LA tickets.  Also, it is funded by the industry and is therefore is far from impartial.