Parking Fine Query

LJT12345

Hello, just looking for some advice on this...

I received a Parking Charge Notice from Bay Sentry Solutions for parking in my alloted space without "displaying my permit correctly".
It seems that my permit had slipped down onto my dashboard and under a coloured part of the glass so that only the very top part of the permit was visible (was clearly a permit that matches some other permits that other cars have on the estate, but fair enough ok they couldnt see the full details on the permit).

The first issue was that I thought £60 (the lower price within 14 days) was a bit excessive for a minor mistake, especially taking into account the recent guidance that unfortunately doesnt technically apply yet. So I appealed and sent them a picture of the permit to prove I do have the right to part and apiologised as I didnt realise my permit had slipped. I still dont know what happened - maybe weather, or slamming the car door dislodged it, who knows.

Anyway, that obviously gets rejected and the official letter they send me states that I owe them £100, and the smaller print at the bottom reads that if you take the appeal to POPLA the lower charge is no longer an option (although judging by the part of the letter tailored to me, that isnt an option anyway).
Now, I appealed the same day I got the ticket, so was expecting this to still be the £60 fine. I have a small heart attack because who has that kind of spare money right now. Then proceed to email them asking whoa what the hell basically (but politely).
Back in April 2022 I emailed them (their only form of contact is 1 single email address) to confirm something about visitor parking to ensure a visitor of mine didnt get a ticket, which they still have not, as of November 2022, replied to. So as soon as I send that email, I realise that they probably wont reply. So I go ahead and do the POPLA appeal based on the official info they have given me in the appeal letter.

Once the appeal is done I go back to my emails, and I see the appeal confirmation from POPLA in my inbox, along with a reply from BaySentry 1 minute before the appeal confirmation came through (so after I had completed the appeal) saying that the £60 was still an option! Although now is not because I lodged an appeal. I have no way to know if this is true either way as looking online will only show me the £100 option. Quite a lot of emails have gone back and forth since then but now they have stopped replying and are completely ignoring me.

So my issue now is not even the fact that the £60 fine is disproportionate to my "offence" according to arbrirtary rules they've written on signs in the estate about fining you for not showing your permit properly, but the fact that their misleading letter, (purposefully in my opinion) omitting important information for me to make an informed decision, has led me down a path where now the minimum amount I can possibly pay is £100.

I am waiting for a return from POPLA for a decision, and have compained to the BPA (although I suspect neither of those things will work or do any good). Any advice on what I should potentially do next if POPLA don't accept my appeal? And does the fact they sent me that letter without all the information on it change any of my chances for not paying this fine?

I realise I probably did some stuff I shouldn't have in this process, but it wasnt until after I realised they had omitted info on the letter that this whole process seems somewhat rigged and unfair...

Mouse007

What does your lease say about parking?

It could well be that you are under no obligation to display a permit and the parking management scheme is a complete scam.

Have a good read here

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

and

http://parking-prankster.blogspot.com/2017/06/residential-ticket-only-cancelled-after.html

I have just submitted my son's witness statment to court - it contains a full arguement why the signs were irrelevant, primacy of contract trumps the third party claim and why no contract (to display a permit) existed.

Mouse007

You also need to change your username pdq - someone will hopefully tell you how soon (I don't know)

KeithP

As prompted by @Mouse007...


OP, have you based your forum username on your real name? If so, you may want to get your forum username changed to something completely anonymous.

To help with that, have a read of this item from the Forum's FAQs:

Can I change my username?

In most circumstances, we don't allow this.

The only reason we will change your username is if it puts your privacy at risk e.g. you've inadvertently registered using your name, email address or something which gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com your current username, the email address you registered with and three alternative usernames in order of preference.

Coupon-mad

You won't be PAYING any money anyway (even if you lose at POPLA you don't pay) so them offering the disproportionate £60 isn't relevant.