Parking Fine at PureGym, have photo of license plate entry in system and data from PureGym app.

AbnormalUK

Hi all, I wanted to ask if I have any recourse on a fine of £170 I'm being chased for by Highview Parking Ltd.

PureGym require all members at Barrow Road, Bristol that drive there to sign in using an iPad in their lobby to confirm the registration number of your car which is taken using an ANPR camera upon entry.

I do not trust systems like this and as a result I always take a photo of my car on the license plate entry app before I confirm it into the system.

About a month after this gym visit I receive a fine of £100 from Highview Parking Ltd. , which I appealed with the photo I took of my license plate being entered into the system and a screenshot of my gym times from the PureGym, matching the times the car was there according to the fine later.

To my surprise its been rejected with no recourse for another appeal. From there letter it says this about another appeal: "By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal.  However, we have not chosen to participate in their alternative dispute resolution service."

The full wording from the reply to my appeal:

"Thank you for your correspondence relating to your Parking Charge.

The Charge was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations. Clear signs advise all drivers of the need to pay for parking when using this site, apart from Pure Gym members who are required to enter their vehicle registration on the touchscreen console inside the gym on each visit. (I did, the screenshot is below).

On this occasion only we will accept the reduced amount of £20.00 in full settlement of this Charge to cover our administrative costs in correctly issuing this Charge and we will hold the charge at this rate for 14 days from the date of this correspondence, after which the Charge will revert to the full amount."

-----------------------

I didn't accept the £20 fine as I felt it was an admission by Highview Parking that I did have a case as I have this screenshot from the date and time in question showing me signing in to the parking system:

Unfortunately at the time I was moving country and as a result I missed the chance to appeal via POPLA. I have contacted Highview Parking to request another POPLA appeal number, but I'm guess I won't receive one.

I've contacted PureGym member services as advised by the gym owner, but have not received a response other than a bot saying "They are not responsible for operator car parks".

As I didn't pay immediately the fine is now going up and I'm being threatened with court.

Is it worth pursuing this or should I just suck it up and pay the fine for what ever technical glitch caused my plate not to be registered?

Deku_

You made it over from Reddit!

Check out the Newbies thread - a lot of your current questions, and questions you will undoubtedly have soon, will be answered there. A lot of these ticket processes are nearly identical.

Apologies to duplicate my answer, but I would suggest this is certainly worth fighting. You carried out your obligations, as per their signposted T&Cs and have proof of such. If they've failed to carry out their end by keeping their system in check, why should you pay?

AbnormalUK

I did indeed on the suggestion  

I'm also contacting POPLA to say I'm out of the UK and didn't receive the letters on time to make an appeal within 28 days. 

I did contact Highview parking again reminding them that I did comply with the terms and it's unlikely they will win in court. The automated response said to expect a reply within 6 - 8 weeks. 

Fruitcake

Will you be permanently out of the country for the next six years or are you only away temporarily?

Whoever employed the PPC is responsible for their agent's actions. If Highview were employed by PureGym then they are jointly liable and can instruct their agent to cancel.

Alternatively, if the landowner or land agent employed Highview then they are jointly liable, so you should complain to them, and of course to your MP assuming you are still a UK resident.

If you already told Highview that you were out the country, then complain to the BPA about the expired PoPLA code because it was not properly served. Also remind them that their members are required to comply with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 that state ADR must be made available for not less than twelve months.
This will be included in the forthcoming government mandatory code of practice. Although its introduction has been temporarily suspended, remind the BPA that it told its members earlier this year that they must start using the new rules as a matter of urgency.

Grizebeck

Shame you didnt come here first
.you didnt need any of the stuff you told them and would won have hands down with a non pofa appeal

Coupon-mad

Yep this would have been a cinch to beat with one appeal, no POPLA, nothing needed except one email.  You had no keeper liability.  NEVER appeal as admitted driver!  Remember that next time.

However, if you are permanently domiciled abroad now, you can kill it that way, easily.  No worries.