Popla appeal rejected

jugs82

Hi,

Im looking for some advice on what to do next reference a PCN I have been issued with from APCOA. The fine is for not entering registration details when parking at Three Bridges car park in September.

just bit of background. I paid using there App as I have done previously - I admit I didn’t check my car details in the app but I have only used this method once before same car park and didn’t have an issue so incorrectly assumed that my details had been saved…strangely enough the app did have most of the car details saved in it but in registration plate it had the cars colour rather than the plate number.
Anyway when I paid I was at no time alerted that my car details where incorrect so didn’t even cross my mind at the time there would be an issue.

was surprised to therefore receive a fine few weeks later. I appealed immediately and sent copy of receipt from the App plus bank statement showing I had paid and explained the above, nievly I thought that would be that  so was disappointed to find my appeal had been rejected. So I appealed to Popla and that has been rejected:

Unsuccessful

Assessor Name

Richard Beaden

Assessor summary of operator case

The operator issued the penalty charge as the driver used the car park without making a valid payment. 

Assessor summary of your case

The appellant advises that they paid for their parking using the app as they have done previously. They explain that the system did not ask them to enter their registration and this has not been brought up in relation to their previous visit. In their comments the appellant repeats parts of their appeal, they also advise that they had no reason to check their registration. In support of their appeal the appellant has provided two copies of the operator’s rejection of their appeal, three screen shots of the app, three screen shots of a receipt and a copy of a bank statement. 

Assessor supporting rational for decision

Having reviewed this case, I can see that a penalty has been issued for a breach of the Railway Byelaws. The byelaws make the owner of a vehicle responsible for the charge, who the operator can assume is the registered keeper. I have seen no evidence that would lead me to conclude that the appellant is not the owner, and I am therefore going to be considering their responsibility as the vehicle owner under the Railway Byelaws. As the operator is not looking to transfer liability of the penalty charge it does not consider the provisions of PoFA 2012. The operator has provided images of the signage laid out at the site. The terms and conditions of the site state: “vehicles parked… in breach of any of the following conditions may receive a Penalty Notice… Failure to purchase a valid parking session, APCOA Connect session or valid parking permit… Charges for breach of these parking conditions: £100”. The operator has provided photographic evidence of the vehicle entering the site at 17:17 and exiting at 23:19 totalling a stay of six hours and two minutes spent at site. The operator maintains a list of vehicles that have made a payment. The operator has provided a copy of this list that shows that when searching for the appellant’s vehicle it was not registered against a payment. The operator issued the penalty charge as the driver used the car park without making a valid payment. The appellant advises that they paid for their parking using the app as they have done previously. The evidence provided by both the operator and appellant shows that the driver did not purchase parking using their full and correct vehicle registration. This means that their payment was not valid. The rejections of the appellants appeal sent by the parking operator shows that it offered to discount the amount of the penalty to £20 for a period of 14 days as is required by Section 17 of the British Parking Association code of practice which deals with situations where a driver makes a payment but fails to enter their vehicle registration correctly. They explain that the system did not ask them to enter their registration and this has not been brought up in relation to their previous visit. The screen shots provided by the appellant show that the driver was asked what vehicle they were purchasing parking for. This is also shown in the screen shots provided by the appellant. The receipts provided to the appellant by the operator also shows that this confirmed what vehicle the payment had been purchased for so the driver could have taken steps to correct their error. The driver having made this error first of all on a previous visit to the site is not relevant to the outcome of this appeal. The driver is responsible for purchasing a valid parking session. In their comments the appellant repeats parts of their appeal, they also advise that they had no reason to check their registration. I have already addressed the relevant points above. The correct details were requested from the appellant and the driver was informed in both the confirmation of their payment and the receipt that the payment had been purchased against the wrong details. The driver is responsible for checking that they are purchasing parking using their full and correct vehicle registration. In support of their appeal the appellant has provided two copies of the operator’s rejection of their appeal, three screen shots of the app, three screen shots of a receipt and a copy of a bank statement. I have considered this evidence above. Ultimately, it is the motorist’s responsibility to ensure that they park in accordance with rules and regulations on a privately operated car park. POPLA’s remit is to determine whether the penalty charge has been issued correctly. On this occasion I conclude that the operator has correctly issued the penalty charge. Accordingly, I must refuse this appeal.

I’m not sure what to do now. Large part of me wants to fight this all the way as feel being unreasonable treated (not just me but anyone else who has faced similar situation). I proved I paid they can easily match my payment to my car, there app isn’t fit for purpose as well surely when paying for parking it should either point out car details aren’t complete or give you option to review them at time of paying. 

I know about previous case which hedgies? Which went to court and judge sided with the defendant as they paid and only over stayed the car park limit by 4 mins. The car parking company couldn’t prove the fine they issued was justified..

I don’t want to end up with issues against my credit score or bailiffs chasing me.. basically do I have a leg to stand on if I fight this? Or should I just bite the bullet and pay the fine?

Any help advice will be greatly received.

Fruitcake

It is not a fine.

Luckily APCOA are benign and have yet to take anyone to court. A PoPLA decision is not binding on the motorist so you can ignore this and any letters from powerless debt collectors.

The PoPLA assessor is talking cobblers. Failing to pay for parking is not a railway byelaws offence.
Byelaws state that the driver can, and the owner may be liable.
The keeper can never be held liable, and it must never be assumed that the keeper is the owner.

I suggest you complain to the BPA about APCOA invoking byelaws that don't apply and complain top PoPLA about the assessor's assumption that the owner is the keeper, and that the owner is liable when the byelaws say they may be liable. That's a big difference in law.

The BPA's CoP states that words like penalty must not be used, so add that to your complaints as well.

You should also complain to the landowner and your MP.

Umkomaas

I don’t want to end up with issues against my credit score or bailiffs chasing me

Irrational. Credit score issues only crop up if you are taken to court, you fail to defend/turn up, the judge finds against you, orders costs which you don't pay by the required date. Bailiffs can only possibly be involved after all that has happened.

Weigh that up against the fact that APCOA have never ever sued anyone through the county court. I don't think they'll be popping their cherry with you! 😊

Grizebeck

As above irrational and irrelevant

patient_dream

And remember, APCOA use stupid debt collectors called DRP

All DRP  can do is send out untreated sewage letters which are full of crap

Such a sad money scammer ...you ignore these idiots

jugs82

Hi,

I have received a debt collection letter from DRP this morning. Which as anxiety suffer has set me off a bit worrying - they are mentioning if I do not pay by 11th January then they will recommend to APOCA that they take me to county court. I'm not really sure what to do now, As the fine has gone up to £170... Not too sure how it got to £170. 

Any way looking for advise on what I should do?

Grizebeck

You ignore them of course
It isnt a fine

Coupon-mad

jugs82 said:

Hi,

I have received a debt collection letter from DRP this morning. Which as anxiety suffer has set me off a bit worrying - they are mentioning if I do not pay by 11th January then they will recommend to APOCA that they take me to county court. I'm not really sure what to do now, As the fine has gone up to £170... Not too sure how it got to £170. 

Any way looking for advise on what I should do?

Nothing. Laugh at them, of course!

It is not a fine.

It is not £170.

This is fully covered in the 4th post of the NEWBIES thread, all about this tedious stage.

newtomaster

What qualifications do these POLA appeal hearers have? They used AI to send me a letter of rejection. I received a PCN from Tesco's Horizon for spending more than 30 minutes (10 minutes more) there while making a purchase. £40 immediately or after two weeks, the option to pay £70. Despite sending the receipt and indicating that losing my badge at the store, which I had to carefully searched for, my appeal was denied. They are making every effort to rip-off the clients in this vile manner. I said that I could understand if this PCN was given for more than, say, two or three hours and offered to pay parking fee for the extra 10 minutes.

They said appeal was rejected and I am curios to see the qualification of the guy who wrote me. What a shame Tesco is utilising these bullies from Horizon. Once upon a time, these guys were roaming around with wheel-clamp tools and walked the drivers to ATM and now desperate they are, sending appeal decisions. Pathetic.

All they can do is to go to small claim court, if they want to spend more than £70 on legal expenses and I will tell the court, I will pay £0.50 a month.

Momanns

jugs82 said:

Hi,

I have received a debt collection letter from DRP this morning. Which as anxiety suffer has set me off a bit worrying - they are mentioning if I do not pay by 11th January then they will recommend to APOCA that they take me to county court. I'm not really sure what to do now, As the fine has gone up to £170... Not too sure how it got to £170. 

Any way looking for advise on what I should do?

This is how the how scam works. People on here will support you and as others have said, you will get a few letters and then it will all go away.

newtomaster

Momanns said:

jugs82 said:

Hi,

I have received a debt collection letter from DRP this morning. Which as anxiety suffer has set me off a bit worrying - they are mentioning if I do not pay by 11th January then they will recommend to APOCA that they take me to county court. I'm not really sure what to do now, As the fine has gone up to £170... Not too sure how it got to £170. 

Any way looking for advise on what I should do?

This is how the how scam works. People on here will support you and as others have said, you will get a few letters and then it will all go away.

Well, first of all if you are 100% certain it is not a Penalty Charge Notice issued the government authorities, then sit tight. Private parking owners invited you to park and they can't simply say you have to be there for a limited time, unless you have parked for longer hours. In my case I got it for 10 minutes overstayed. If they take me to court, I will tell them, I will usually take longer than 30 minutes given by the Tesco to read all the ingredient list and other information in the product before making a buying decision. Hence I took extra 10 minutes. What if less staffs and technical issues at the till. On what basis, Tesco thinks 30 minutes fixed time is enough?