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Total Parking Solutions rejected my appeal - is it worth fighting on?

I appreciate that there are a number of threads in a similar vein, but I'm looking for some advice specific to TPS.

My place of work employs TPS to look after the car park, which is on private land (owned by my employer). I don't often park there, because I'm too tight-fisted to pay for parking, but on the day I got booked I was late for work due to a personal appointment, and it was either park there or be really late.
Due to signal in the car park being patchy at best, I planned to connect to the wifi once I arrived at my desk, and then pay for parking via the app. However, what actually happened was that I got into the office, found that we were really busy, and had to start work straight away. I totally forgot to pay for the parking until I returned to my car in my break to move it to a nearby street.

Unfortunately, TPS use ANPR and I got a PCN through the post on Christmas Eve. I appealed to them via their website on the basis (as per MSE advice) that this was a genuine mistake and that I have purchased a ticket on every other occasion I've had to park there. 
TPS have decided that the season of goodwill doesn't extend into January. According to them I should have seen the signs when I drove in (this wasn't the basis on which I appealed), and they have told me to appeal via POPLA. If my appeal is unsuccessful, I'll have to pay £60 rather than £30.

So, my question is, what are the chances of POPLA finding in my favour? Are they likely to be more sympathetic to a genuine mistake on my part? (The POPLA thread suggests otherwise!)
And if POPLA reject my appeal and I still refuse to pay, what is the likelihood of TPS taking it further?

Thanks in advance.

Comments

  • Le_Kirk
    Le_Kirk Posts: 25,648 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Any chance you could talk to your employer?  Why do they need to charge you for parking at your place of employment?
  • Le_Kirk said:
    Any chance you could talk to your employer?  Why do they need to charge you for parking at your place of employment?
    I have considered this, but I don't know how likely they are to take my side, given their current lack of generosity. Despite requiring staff to work from home for all/part of the week, they decided against reducing the cost of a parking permit (so staff pay as much for parking 2 days a week as they did for 5).
    I decided not to renew my permit, hence needing to pay and display.
    On that basis, not expecting much help from them.

    As for why they need to charge us in the first place...
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is always worth contesting a PPC PCN so many of them aree scams and fail in court.  Have you complained to your MP?
    You never know how far you can go until you go too far.
  • 95Rollers
    95Rollers Posts: 826 Forumite
    Fourth Anniversary 500 Posts Photogenic Name Dropper
    Definitely fight on.  Speak to your employer- nothing ventured, nothing gained. If that doesn't work then fight on. You can go through the motion of the one-sided "appeals" - the PPCs internal appeals system- no chance as they want your money so will tell you have lost regardless.  And don't expect to win as these so called "Independent" Appeals  which are owned by the industry's trade associations (IPC have IAS and BPA have Popla) who the parking companies pay yearly subscriptions to so they can access the dVLA keeper database! 

    NoNE of these appeals are legally binding on the motorist!  The best option is to Defend. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Popla only judge on laws and rules and codes of practice , definitely not mitigation or excuses or historical payments

    TPS do issue court claims , and 99% of people here could have predicted the rejection , there is no profit in acceptance , they have a fish on the hook and want it for dinner 😁😁

    Plan A is your best option , plan C at Popla could be tried , it's not binding on you if you lose at Popla

    So back to plan A
  • Redx said:
    Popla only judge on laws and rules and codes of practice , definitely not mitigation or excuses or historical payments

    TPS do issue court claims , and 99% of people here could have predicted the rejection , there is no profit in acceptance , they have a fish on the hook and want it for dinner 😁😁

    Plan A is your best option , plan C at Popla could be tried , it's not binding on you if you lose at Popla

    So back to plan A
    Yeah, I thought that were unlikely to waive the fine on the basis that I didn't mean to do it, but it's the only avenue I had to appeal it, really.

    Disappointed to hear that TPS might actually be willing to go to court - I was hoping they'd give up.

    By Plan A do you mean pay up?
    Not sure I can deal with the stress of not paying up and getting a load of angry letters. The nature of my employment means that I'd really rather avoid potential legal actions and CCJ's if at all possible!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Newbies FAQ sticky thread near the top of the forum in announcements , first post ,

    plan A is the landowner complaint and cancellation

    Plan B is the appeal to Tito at TPS , which you did

    Plan C is Popla ,cwhich you are contemplating

    Plan D is court , which TPS are contemplating

    You are looking for an easy get out , there isn't one , so stop looking


    Nobody on here would tell you to pay up ! Definitely not me , not in your case !

    It's not a fine , it's an invoice for alleged breach of contract , these companies rarely give up , especially not since covid19 started !

    If you lose in court you pay in full ( typically around £200 ) during the first 30 days grace period , to avoid any CCJ affecting your credit rating
  • Umkomaas
    Umkomaas Posts: 44,046 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 January 2022 at 9:36PM
    Not sure I can deal with the stress of not paying up and getting a load of angry letters. 
    Just words on a piece of paper, you haven't got thugs battering down your door with intent to assault you. Why do you think they send you 'a load of angry letters'?

    Just scan them, and if they're just from debt collectors, file them for posterity and ignore their content.
    The nature of my employment means that I'd really rather avoid potential legal actions and CCJ's if at all possible!
    Why exactly are you concerned about a CCJ?  Let's get to the bottom of this. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Of course it it worth fighting, they are trying to scam you.  Have you complained to tour MP?
    You never know how far you can go until you go too far.
  • As said above ...... your employer really should get it cancelled if they value you.

    Advice is to let this run and report back here what happens.   BUT, you just ignore debt collectors as they are simply wild animals, liars and 100% powerless

    Your employer seems a bit rough, consider getting another job, employers are crying out for staff
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