Britannia PCN - next steps ?

Zarajm76

Hi, i received a fine for non payment from the above company. Human error on my part as i attempted to pay online and it didnt go through. £60 is the discounted rate. I used the text in the newbies thread to appeal but it hasnt been upheld and they now say I can appeal to POPLA or pay. I appreciate that i was in the wrong in that i accidentally didnt pay and only realised when the letter came so do I just give in and hand over £60 or not ?  

B789

When you attempted to pay using the app, did you believe that the payment had gone through at the time? Shooting yourself in the foot by admitting deliberate liability is not very clever. If your "error" when making the payment was down solely to you then that's one thing. However, if the "error" was due to something out of your control, then that's another.

I really don't understand people's thinking when they post that they knowingly breached the terms but want absolution from the consequences of the breach. Unfortunately, too many people are gullible enough to be bamboozled into believing that the fault is theirs when, in fact, it is due to something else, not so obvious, but beyond their control.

Anyway, you've not received any "fine" and stop calling it such. There are hundreds of POPLA appeals you can look through and also an explanation in the Newbies/FAQ thread about the process.

Zarajm76

Thank you . I was just trying to give an honest take on things on an anonymous forum . I of course thought it had gone through when i left my car .
I am afraid i am not as well versed in all of this as you hence me asking for help . I used the newbies initial appeal but have to admit to also feeling bamboozled by it all and not understanding the process - hence asking for help . Maybe i will stay true to form and just pay the ( non) fine as its a lot of stress on a rubbish day that i dont need . 

B789

But why pay the scammers if, as you say, you believed it had gone through? That indicates some sort of issue with the app. If that is the case, then it is not your fault. You need to understand your rights as a consumer.

The "fine" is in fact a speculative invoice from an ex-clamper, unregulated private parking company because they are alleging that you breached a contract with them. You didn't "accidentally not pay them". You made a genuine effort and you were left in the belief that you had paid them. Through no fault of your own, thanks to their defective app, you have now entered into their scam and been invoiced for their error, not yours.

Now, you can fight this or just go back to believing it is your fault and pay them. The choice is yours but I hope my missive above shows you how to alter your thinking on this.

Coupon-mad

Zarajm76 said:

Thank you . I was just trying to give an honest take on things on an anonymous forum . I of course thought it had gone through when i left my car .
I am afraid i am not as well versed in all of this as you hence me asking for help . I used the newbies initial appeal but have to admit to also feeling bamboozled by it all and not understanding the process - hence asking for help . Maybe i will stay true to form and just pay the ( non) fine as its a lot of stress on a rubbish day that i dont need . 

Do not pay a scam.

Zarajm76

I want to fight them I just dont know how . Ive sent one appeal that i didnt really understand the basis of so now i am scared of making mistakes with the next steps or paying more than the £60.

so are you saying I now revert to admitting i was driving and that i made every effort to pay but the app didnt work ? 

Coupon-mad

No, that's not how to appeal to POPLA.

The 3rd post of the NEWBIES thread covers POPLA.

Human error on my part as i attempted to pay online and it didn't go through. 

What happened? Paying online ... what do you mean, an app failed on your phone? Got evidence?

Why do you think that it was your error?

Zarajm76

It was the pay by phone app - no evidence . I thought it had clicked through but maybe hadnt 

Le_Kirk

Zarajm76 said:

It was the pay by phone app - no evidence . I thought it had clicked through but maybe hadnt 

Do not do the PPC's job for them; how do you/they know that the app hadn't failed?  It is for them to prove their case not you!

Coupon-mad

Zarajm76 said:

It was the pay by phone app - no evidence . I thought it had clicked through but maybe hadnt 

Not your fault then.  Their app failed.

Zarajm76

Ok - so did you say there were some examples of what to write in the third thread ?